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 .

[Richard Lehoux, Conservative, Beauce, QC]

Now I'd like to come back to immigration.

In Bill C‑13, does the section dealing with immigration need to specifically link immigration to training, targets and economic development?

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

I love everything you say. You're singing the song that I love to sing. However, how do we relate this to Bill C‑13?

What amendments could we make to include what you're talking about?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Thank you, Mr. Doucet.

Ms. Audet, Quebec is asking that we amend Bill C‑13 to recognize its specificity. Indeed, the linguistic context in Quebec is particular, because the province is francophone.

Are you in favour of such an amendment?

[Alexandre Cédric Doucet]

I have a mandate to speak on behalf of the Acadian and francophone community. I can tell you that Bill C‑13 may not go far enough in this regard, generally speaking.

As you may know, immigration is a shared jurisdiction under section 95 of the Constitution Act, 1867. In the late 1970s, Quebec signed an agreement with the federal government to have greater powers in immigration, and we believe that New Brunswick should sign a similar agreement.

For the Acadians of New Brunswick, the issue of immigration is somewhat beyond the scope of Bill C‑13, as we believe it is incumbent upon the province of New Brunswick to play a greater role in federal-provincial negotiations.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

That won't be necessary. I think your message was clear. Thank you.

Mr. Doucet, we know how important the issue of immigration is. Yet Bill C‑13 does not contain targets for catching up demographically, an issue that we know is important for francophone minority communities.

You have pointed out in the past that the 4.4% target for francophone immigration from outside Quebec would be detrimental to New Brunswick if it were applied consistently. However, we know that even this target has never been met. We believe that Bill C‑13 does not go far enough and that it must contain a demographic catch‑up clause.

Do you agree with that and do you believe that these province-specific details should also be included in the Official Languages Act?

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Thank you very much, Mr. Chair.

Thank you to all the witnesses who are here today.

We would like to see this study of Bill C‑13 move forward as quickly as possible. However, we feel that this is a historic moment and that we must not miss this opportunity to improve the bill for the benefit of all communities in the country. We hope that the government will accept the main amendments that we have been proposing for months, to finally improve the lives of communities on the ground.

Ms. Audet, we have often talked about the importance of protecting the education continuum, from early childhood to post-secondary education. In my opinion, the observation you made is relevant: this education must also include adult education. This is something that the committee has acknowledged, but that the act does not yet recognize.

You propose to remedy this situation with a fairly simple but important amendment. Can you further explain the importance of using the language you suggest, rather than the language recommended by the committee in 2018, which emphasizes the integration of the education continuum?

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

What you're saying, essentially, is that you have no requests with regards to Bill C‑13. Do I have that right?

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

I believe everyone here has a strong desire to support francophones outside Quebec, and I believe that Bill C‑13 is a real opportunity to move things forward and reinforce the act.

You can think on it, but as the saying goes, a bird in the hand is worth two in the bush. I think there are situations where it's better to incorporate the desired changes in the act itself. You mentioned, for instance, the notion of “significant demand”, which goes back to the old principle of “where numbers warrant”. Wouldn't it be advisable to incorporate certain provisions in the act now to ensure the desired changes will occur?

[Arielle Kayabaga, Liberal, London West, ON]

Bill C‑13 provides for the government of Canada's commitment to advancing opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language, throughout their lives, from early childhood to post-secondary education.

How will this provision improve the learning experience of francophone students in minority language communities?

Ms. Audet, you may answer the question as well, if you wish.

[Arielle Kayabaga, Liberal, London West, ON]

Thank you, Mr. Chair.

I'd like to start by thanking the witnesses that are here today to help us move forward this very important piece of legislation for communities like mine. I'm a Franco-Ontarian from London, Ontario, where we're a minority francophone community, which is why it's very important to listen to what you have to say on the issue.

I'll start with you, Mr. Doucet. Someone mentioned earlier that the Official Languages Act wouldn't be reviewed for another 50 years. Bill C‑13 clearly specifies, however, that the bill can be reviewed every 10 years.

Could you tell us what it means for you to hear that the act can be reviewed every 10 years? What are the impacts this can have on your community?

[Alexandre Cédric Doucet]

My initial position remains unchanged. We believe that Bill C‑13 represents a real step forward for institutional bilingualism in Canada. If the bill were to be adopted tomorrow, for instance, I believe it would allow us to make headway. Besides, the bill's implementation would require a lot of work.

[Alexandre Cédric Doucet]

I understand completely. I'll try to be clearer.

We all get different advice from experts in constitutional law and language rights. The advice we've received clearly indicates that the current flaws in Bill C‑13 can be addressed through regulation.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

So you're saying it isn't necessary to include official regulations in Bill C‑13.

Those in charge may be acting in good faith now, but if we think of the legislation's impacts over the next 50 years, I think it's important that we spell things out in the bill.

I gather, however, that you'd be satisfied with regulations. Is that right?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Thank you, Mr. Chair.

Thank you to the witnesses for joining us today, in person or virtually.

My first questions are for the Acadian Society of New Brunswick.

I want to express my disagreement with Mr. Doucet about the need to pass the bill quickly and about the bill being satisfactory. We'll be looking for things to improve in the bill this fall, because this will be the law of the land for the next 50 years. We have the same goals, Mr. Doucet, but we're taking different roads to reach them.

Your organization has stated in the past that, in recognition of its particular status, New Brunswick should be exempt from the standard that is “significant demand” for services, which determines where the federal government has to provide bilingual services under the Official Languages Act.

Bill C‑13 maintains the “significant demand” standard.

Am I wrong?

[Mona Audet, President, Réseau pour le développement de l'alphabétisme et des compétences]

Mr. Chair, ladies and gentlemen of the Committee on Official Languages, thank you for having us. We're here today to talk about Bill C‑13.

We're right at the cusp of a historic turning point for linguistic duality in Canada. The members of the Réseau pour le développement de l'alphabétisme et des compétences, or RESDAC, are glad to be able to be a part of it.

You've received our brief. Essentially, we're proposing to amend subsection 41(3) that the bill seeks to add to the Official Languages Act. The provision sets out the federal government's commitment to:

—advancing 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 postsecondary education.

We agree with that.

The current wording seems to refer to the education continuum, specifically the institutions that provide training as well as official acknowledgement by issuing certificates and diplomas. Beyond that formal context, however, there is a sector that provides non-formal learning opportunities and structured activities that aren't necessarily officially acknowledged through certificates and diplomas. Non-formal learning is integrated into planned activities that aren't clearly identified as learning activities. People can sign up just as they would in college or university. Non-formal learning is important.

Just think of the leadership training that francophonie organizations provide to our youth. Think of the training sessions provided by the Association canadienne d'éducation de langue française, or ACELF, to identity-building teachers. Think of the training opportunities organizations provide their employees. Think of the French literacy or francization training activities provided by members of our network. Think of the thousands of training sessions on digital platforms such as Coursera and YouTube. Roughly a billion people use YouTube and other digital platforms. Think of the digital technology training sessions provided to teachers, learners, seniors and professionals. Many professionals had to undergo technology training because of the pandemic.

We could also talk about a whole range of informal activities, such as reading, meetings, observations and practices, all of which are avenues of learning, although not officially recognized. They're the daily activities related to work, family and leisure.

Allow me to explain why these distinctions are important. Internationally, organizations like UNESCO advocate for the right to education for all, including learning in institutional settings, corporate settings, community organizations, digital platforms, and many more. In today's world, lifelong learning is critical. We're all learners.

Within Canada, serious consideration, led by the Royal Bank of Canada, the Conference Board of Canada, the Council of Ministers of Education, or CMEC, and the federal government, has led to the conclusion that skills development needs to be supported. Canada supports skills development in order to multiply its means of success.

Our own network, RESDAC, that works in adult education, literacy and family literacy, is often called upon to support adults in need of skills development in order to fulfill their family, professional, civic and community obligations. In the Canadian francophonie, we've long relied on the education continuum, and today, we're proud to witness the emerging consensus around the need to expand the lifelong learning continuum, which occurs in formal, non-formal and informal settings alike.

As you can see, we have an opportunity to have today's reality reflected in this bill; let's not pass it up. We're hoping for your support. The bill illustrates that we have a decent understanding of how to support learning institutions in a formal setting: funding envelopes are created. As far as non-formal settings are involved, we also need to ensure that organizations are available to meet people's training needs, as they relate to francophone minority communities in particular, so they can develop the skills they need to succeed. We can't simply be content with translating everything from English to French.