Bill C-13

An Act for the Substantive Equality of Canada's Official Languages

An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

Part 1 amends the Official Languages Act to, among other things,
(a) specify that all legal obligations related to the official languages apply at all times, including during emergencies;
(b) codify certain interpretative principles regarding language rights;
(c) provide that section 16 of that Act applies to the Supreme Court of Canada;
(d) provide that a final decision, order or judgment of a federal court that has precedential value is to be made available simultaneously in both official languages;
(e) provide for Government of Canada commitments to
(i) protect and promote French,
(ii) estimate the number of children whose parents are rights holders under section 23 of the Canadian Charter of Rights and Freedoms ,
(iii) advance formal, non-formal and informal opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education, and
(iv) advance the use of English and French in the conduct of Canada’s external affairs;
(f) clarify the nature of the duty of federal institutions to take positive measures to implement certain Government of Canada commitments and the manner in which the duty is to be carried out;
(g) provide for certain positive measures that federal institutions may take to implement certain Government of Canada commitments, including measures to
(i) promote and support the learning of English and French in Canada, and
(ii) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protect and promote the presence of strong institutions serving those communities;
(h) provide for certain measures that the Minister of Canadian Heritage may take to advance the equality of status and use of English and French in Canadian society;
(i) provide that the Minister of Citizenship and Immigration is required to adopt a policy on francophone immigration and that the policy is to include, among other things, objectives, targets and indicators;
(j) provide that the Government of Canada recognizes the importance of cooperating with provincial and territorial governments;
(k) provide that the Treasury Board is required to establish policies to give effect to certain parts of that Act, monitor and audit federal institutions for their compliance with policies, directives and regulations relating to the official languages, evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages and provide certain information to the public and to employees of federal institutions;
(l) enable the Commissioner of Official Languages to enter into compliance agreements and, in certain cases, to make orders; and
(m) enable the Commissioner of Official Languages to impose administrative monetary penalties on certain entities for non-compliance with certain provisions of Part IV of that Act.
It also makes a related amendment to the Department of Canadian Heritage Act .
Part 2 enacts the Use of French in Federally Regulated Private Businesses Act , which, among other things, provides for rights and duties respecting the use of French as a language of service and a language of work in relation to federally regulated private businesses in Quebec and then, at a later date, in regions with a strong francophone presence. That Act also allows employees of federally regulated private businesses to make a complaint to the Commissioner of Official Languages with respect to rights and duties in relation to language of work and allows the Commissioner to refer the complaint to the Canada Industrial Relations Board in certain circumstances. It also provides that the Minister of Canadian Heritage is responsible for promoting those rights. Finally, Part 2 makes related amendments to the Canada Labour Code .

An Act for the Substantive Equality of Canada's Official Languages

[Marc Serré, Liberal, Parliamentary Secretary to the Minister of Official Languages]

Mr. Speaker, I will share my time with the member for Kingston and the Islands.

As a proud francophone from Nickel Belt and Greater Sudbury, a region with deep francophone roots, I am very appreciative of the opportunity to give this speech today. The Franco-Ontarian flag, which was designed by Gaétan Gervais, a history professor at Laurentian University, and Michel Dupuis, a student there, was officially flown for the first time in Sudbury on September 25, 1975, at the University of Sudbury.

In 1958, my father, Gaétan Serré, the former member for Nickel Belt, also attended the University of Sudbury. As an MP in 1969, he voted in favour of the Official Languages Act. I am so proud to be here today.

Since 2019, our government has made it a priority to gather and analyze information about the linguistic situation in Canada and to monitor the evolution of official languages since the adoption of the first Official Languages Act over 50 years ago.

The linguistic landscape is constantly shifting. The world we are living in has also changed since 1969. It is time we look at the successes and issues in this act in order to propose a new, modernized vision of our linguistic duality and bilingualism. The conditions in which we are modernizing the Official Languages Act are unique. The entire planet is in the midst of a health crisis with COVID-19, and in Canada we have seen how the pressure and urgent need to act can affect whether the requirements to communicate and provide services to the public are enforced. We have a duty to act and we have taken that into consideration in our modernization bill.

For more than 50 years, the Official Languages Act has helped shape our country's linguistic landscape. It established institutional bilingualism and enabled francophones not only to have a career in the federal public service, but also to be served and educated in their mother tongue.

For 50 years, in addition to promoting our two official languages, the act has protected the rights of our official language minority communities, both francophone communities across Canada and English-speaking communities in Quebec. It has ensured their vitality.

In my riding, the federal government's support and commitment have translated into direct support for francophone projects, such as Place des arts du Grand Sudbury; the West Nipissing Arts Council; the Réseau de soutien à l'immigration francophone du Nord de l'Ontario; and, in the area of post-secondary education, institutions like Collège Boréal.

This is an undeniable Canadian reality and a uniquely Canadian distinction, but it also presents a challenge. This is a situation that requires a Canadian response. We have a duty and an obligation to support the vitality of these communities from coast to coast to coast, tomorrow and for generations to come. Our rich history recognizes the presence, perseverance and resilience of francophone minority communities across the country and of anglophone minority communities in Quebec.

Maintaining the demographic weight of these communities is important to us. The numbers speak for themselves. The demographic weight of the francophone population is plummeting. The proportion of people whose first language is French outside Quebec fell from 6.6% in 1971 to 3.9% in 2011. The statistical projections are not getting any better.

Despite efforts in the area of francophone immigration and the protection of the right to access federal services in the language of one's choice, our government needs to do more in terms of its responsibilities and its commitment to enhancing the vitality of official language minority communities.

We need strong institutions that serve as a beacon in their communities. We also need better data so we can fine-tune our interventions in these communities. In order to achieve that, federal institutions also need to listen to our communities. We know that minority communities, whether French or English, need institutions and services in their own language. These institutions are part of the public space that these communities need in order to live and grow in their language.

When we talk about services, we are talking about those offered by large public institutions, provincial and municipal governments and community organizations. That includes school boards, day cares, community health clinics and cultural organizations.

Our government's bill seeks, among other things, to help these communities reach their full potential by supporting the vitality of institutions in key sectors. To do that, we want to amend part VII of the Official Languages Act by including practical examples of positive measures. These include providing support for key sectors of the official language minority community, such as education, employment, health, immigration, culture and justice; including an obligation for the Government of Canada to contribute to an estimate of the number of children who are entitled to an education in the language of the official minority; and affirming the Government of Canada's commitment to strengthening the education continuum from early childhood to post-secondary studies in the minority language.

These amendments will require the government to take more positive measures to support official language minority communities and will clarify the obligations of federal institutions, particularly when it comes to consulting these communities and protecting their key programs and services.

The bill we introduced presents solid and lasting solutions to protect the future of our official language minority communities and their institutions. The bill also proposes some innovative improvements. One example is the creation of the new rights to be served and to work in French in federally regulated private businesses.

Our government is deeply committed to both our official languages and to these communities across Canada. The introduction of the bill to modernize the Official Languages Act is a milestone for our identity as Canadians and for the defence of our language rights today and for generations to come.

Having spoken directly to francophone activists and passionate organizations in Nickel Belt and Greater Sudbury, such as the community health centre, the ACFO and post-secondary institutions, I know that they are proud of these initiatives.

They feel that the government understands the needs of francophones and is committed to building a region and services for francophones, by francophones, in addition to promoting the development of language and culture in minority settings.

We have known for a long time that our official language objectives can only improve the lives of Canadians through measures taken together with the targeted communities.

This bill sets the stage for a collaboration that will strengthen federal institutions and official language minority communities.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I would like to thank my colleague opposite for an excellent speech and for his work on official languages.

I would like to know whether he thinks the sanctions that are now able to be imposed on those who do not comply with the act are adequate to drive the right behaviour.

[Marc Serré, Liberal, Nickel Belt, ON]

Madam Speaker, I would like to thank my hon. colleague for the work we have done together on several committees in the past.

The Commissioner of Official Languages made several recommendations. Some of those recommendations were included previously in Bill C-32. We have listened to communities across the country and we have also listened to the commissioner during this time. Bill C-13 now has more teeth for the commissioner in looking at making public statements and looking at les sanctions pécuniaires. I am not sure of the English term.

We know that the commissioner now has more powers and is really pleased with the additional responsibilities the commissioner now has to officially look at the Official Languages Act.

[Christine Normandin, Bloc, Saint-Jean, QC]

Madam Speaker, my question will be similar to the one I asked earlier. We have heard a lot about francophone minority communities, but I would like to speak more specifically about Quebec.

Can my colleague name a single positive measure that provides further protection for Quebec?

I want to forestall a potential answer and clarify that giving people the right to work in French in Quebec is not a positive measure and does not improve the situation of French in Quebec.

[Marc Serré, Liberal, Nickel Belt, ON]

Madam Speaker, I thank my colleague for her question.

If we look at Bill C‑13, as well as minority communities in Canada and in Quebec, there are some positive measures that are proposed. The bill talks about a central agency and about federally regulated private businesses.

We all agree that French is declining in Quebec and in Canada. We must come together to find ways to work with the communities, the provinces and the federal government to protect French in Quebec and across Canada.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Madam Speaker, I have been following today's debate with great interest.

Here is something that has long struck me as interesting: the number of MPs from all over the country with French names. This shows us how, throughout our history, French Canadians have travelled and settled all over.

Does the Parliamentary Secretary to the Minister of Official Languages think that the bill before us today, Bill C‑13, will support Francophone communities across our great land and help them thrive?

[Marc Serré, Liberal, Nickel Belt, ON]

Madam Speaker, as my colleague said, we have francophones and francophiles here in the House who have travelled across the country.

Bilingualism is important from coast to coast to coast. We have to find ways to promote French and protect minority communities in Quebec, and we have to work together to find ways to support minority communities across the country. We will do that by working with the provinces, municipalities and organizations.

Bill C‑13 is a step toward helping French flourish everywhere in Canada.

The House resumed from April 1 consideration of the motion that Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts, be read the second time and referred to a committee.

An Act for the Substantive Equality of Canada’s Official Languages

[Steven MacKinnon, Liberal, Gatineau, QC]

Mr. Speaker, I am always proud and honoured to rise in the House as the representative of the people of Gatineau, who once again did me the honour of electing me to this chamber. I am deeply touched.

When we talk about Gatineau, we are talking about a city in the Outaouais region that is proud to be part of Canada's national capital; proud of having contributed to the building of our great and beautiful country, the best country in the world; and proud to participate daily in the work that brings us together and that is important to us, the work of all Canadians.

It is such a pleasure to be here on behalf of the people of Gatineau and to speak about official languages. It is a topic that is so important to everyone in my region.

Therefore, I am pleased to rise today to continue the debate on Bill C-13 to strengthen the Official Languages Act and to modernize our linguistic framework.

What exactly are the official languages?

All Canadians expect and deserve to receive federal government services in the official language of their choice. That is a basic principle, one that the Liberals have defended for decades. The federal government must also be a leader in promoting official bilingualism and the representation of Canada's linguistic duality.

As part of our modernization of the Official Languages Act, we are working across government to ensure that we improve our communications and services in both official languages, both in the event of an emergency and in our daily activities. I want to take this opportunity to salute the work of the Translation Bureau. This institution has existed for 87 years. I also salute the interpreters, who are simultaneously interpreting our comments today, and all the people in Canada's language sector who contribute to our official languages regime.

The reform means more than that, however. This highly anticipated reform is intended to modernize an act that is 50 years old. Modernization was needed, but this was also a political and electoral commitment from our party. I salute the Minister of Official Languages for moving so quickly to introduce Bill C‑13 to modernize our regime and the Official Languages Act.

What do the people of Gatineau want?

They want respect for our language of course. It is an official language, one of our country's founding languages that goes back to Radisson and La Vérendrye, who discovered Canada. It is the language of the log drivers who founded our wonderful Outaouais region, and it is a language we are protecting and promoting by reframing this regime, which enables us to do this great work, affirm our francophone presence and make French one of Canada's signature languages.

In Gatineau, ensuring that francophone Quebeckers are well represented within our federal institutions is essential. Departments, Parliament, courts, tribunals and every one of the federal government's administrative organizations must have a daily francophone presence to ensure the vitality of the French language and promote its use within the federal government. For Gatineau, that is of crucial importance too.

I am therefore pleased to support Bill C‑13 for all these reasons. This bill will strengthen and provide a framework for Canada's new official languages regime.

When we talk about protecting official languages, we often think of official language minority communities. We need only look across the Ottawa River to our neighbours, our Franco-Ontarian cousins. These communities are extremely important and deserve our attention.

Then there is Acadia. My wife is Acadian, and I have proudly served the Acadian people. I will continue to ensure that Acadia and francophones in the Atlantic region continue to flourish, just like francophones in minority situations across Canada.

Today, however, I would like to highlight how Bill C-13 will support the French language in Quebec. The bill contains measures that will benefit French-speaking Quebeckers, and francophones everywhere, of course.

One of the guiding principles in the development of the bill was to ensure that the French language is protected and promoted throughout Canada, including Quebec. This commitment is written in black and white in the proposed preamble to the Official Languages Act, as well as in the proposed new legislation that will guide private businesses.

I therefore welcome the new use of French in federally regulated private businesses act, which is specifically focused on Quebec. This act is designed to protect and promote French as a language of work and a language of service in relation to federally regulated private businesses in Quebec and, of course, in other francophone regions outside of Quebec later on.

Quebeckers will benefit directly from this new legislation, especially when they are doing business with banks, postal and courier services, telecommunications companies, and companies in the air, rail and marine transportation industries, to name just a few.

Francophone workers at these companies in Quebec will have the right to be hired in French, to work in French and to communicate with their employers in French.

Bill C‑13 would also protect and promote French in each province and territory, including Quebec. This bill contains meaningful positive measures to protect French in Quebec and all across Canada.

What might a positive measure look like for the francophone majority in Quebec?

Federal institutions could, for example, consider providing support for the creation and dissemination of scientific knowledge in French. We are proposing this strengthened measure as a way to support the development and promotion of French culture across Canada, including in Quebec.

Also, let us not forget that the bill strengthens the Treasury Board's powers and imposes new obligations on it that will lead to improvements to the Government of Canada's compliance regarding the use of French as the language of communication and service in Quebec, in the national capital region, and across Canada.

As a central institution, the Treasury Board will have a central role to play. That was one of the requests from stakeholders. The Treasury Board will coordinate between the federal government and federal institutions to ensure compliance and the necessary planning to achieve the great dream of modernizing Canada's official languages policy.

These are major steps forward for the French language in Canada. They are making the people in my riding proud, and I know people throughout Quebec and across Canada feel the same way. We are proud of this fantastic modernization bill, this implementation of our vision for Canada's official languages.

These measures will provide tangible benefits for the people of my riding of Gatineau. These measures will help promote the French language across Canada and help promote Canada as a francophone country around the world.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I would like to thank the hon. member for his speech.

He talked about the Treasury Board and how the Treasury Board is going to have the responsibility over all the departments to make sure they are complying with the official languages and that they will be the ones with the plans. How do we make sure that the Treasury Board, which has a lot of different priorities, keeps this as a priority?

Also, what will the Minister of Official Languages be doing then?

[Steven MacKinnon, Liberal, Gatineau, QC]

Mr. Speaker, the bill explicitly mentions a coordinating role.

With respect to the question about how to make sure that the Treasury Board does its job, I will answer that that job will be enshrined in an act, that there will also be regulations, and that the Treasury Board will obviously have the resources it needs to carry out the legal mandate that Parliament is, I hope, preparing to bestow upon it.

The Minister of Official Languages, who is an extremely important and influential minister in the government, will carry out the necessary coordination, because Canadian Heritage, the Office of the Commissioner of Official Languages, and the Treasury Board will each have a role to play.

A coordinating role is needed to make sure the job gets done.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I must say that I found the speech made by the hon. member across the aisle incredibly difficult to listen to. I would even go so far as to say that I was insulted by the cheery tone he used when speaking about the bill.

If I understand the bill properly, it is business as usual, comparing francophones in Quebec to minority francophones in the rest of Canada. We get peanuts, and then we are told that we should be as happy as they are. In reality, the bill contains a poison pill that allows the government to evade a large portion of Quebec's Bill 96.

I really do not understand how the hon. member across the aisle can take such a cheery, carefree, happy-go-lucky tone when his bill is actually harmful, at least to Quebeckers.

Will the hon. member across the aisle admit that his government is treating Quebeckers like dummies?

[Steven MacKinnon, Liberal, Gatineau, QC]

Mr. Speaker, I am confused by the question.

For the first time in the history of official languages, we are including concrete measures to promote and protect the French language in Quebec. I do not need a lesson from the Bloc Québécois on how to protect linguistic minorities in Canada. These are communities that the Bloc does not even know and that it is ignoring.

The Bloc thinks that these communities are on their last legs, but we in government have been taking measures for decades to ensure the vitality of the French language from one end of our big, bilingual country to the other.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, my colleague will know that in Edmonton Strathcona we have a large francophone population, and we are home to the only francophone campus in western Canada, Campus Saint-Jean. I know that the government has failed in its obligations, as found by the Federal Court of Appeal twice, by not meeting its obligations to French speakers outside of Quebec and not protecting minority language rights.

We have seen our Alberta government not support Campus Saint-Jean. We have seen the federal government step up to provide that support. However, what else can the federal government do to make sure that provinces like Alberta provide those French-language teachers that are required?

[Steven MacKinnon, Liberal, Gatineau, QC]

Mr. Speaker, I would like to thank the hon. member for her question. I was involved in French education and in education in minority communities for almost all of my career, and I am truly thrilled that the Government of Canada is taking responsibility in this area and providing considerable funding for post-secondary education in French across Canada.

I myself went to one of those institutions, the University of Moncton, and I am very proud of it. I know that the college she mentioned and colleges across Canada will continue to get support from the Government of Canada.