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

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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 .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 15, 2023 Passed 3rd reading and adoption of 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
May 11, 2023 Passed Concurrence at report stage of 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
May 11, 2023 Passed 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 (report stage amendment)
May 11, 2023 Passed 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 (report stage amendment)
May 11, 2023 Passed 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 (report stage amendment)
May 30, 2022 Passed 2nd reading of 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
May 30, 2022 Failed 2nd reading of 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 (amendment)
May 30, 2022 Failed 2nd reading of 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 (subamendment)
May 20, 2022 Passed Time allocation for 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

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

I have a more general question.

As I said earlier, the Bloc Québécois supports the vast majority of your requests. From what I can see, that's also the case of the other opposition parties.

For example, we support the idea of extending the Treasury Board's control to all parts of the act. That's not what we currently see in Bill C‑13.

Do you think we'll achieve those gains? That should be the case if all the opposition parties vote for these proposals and pass the bill. Do you think you have a good chance of realizing those gains?

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

Good afternoon. It's pleasure to see you.

As you know, we support all your requests concerning the francophone and Acadian communities. Quebec has its own requests. Perhaps you've heard the demands the Quebec government recently submitted to us.

The federal government has committed to extending some of the provisions of Bill C‑13 to include regions outside Quebec that have a strong francophone presence, particularly as regards federally regulated businesses. Have you had any discussions with the government on that issue?

Can you also tell us how regions with a strong francophone presence are defined?

Arielle Kayabaga Liberal London West, ON

As you can understand, we must pass this bill as soon as possible to avoid any negative impact on francophone minority communities, which have a range of needs.

The government recently began consultations on the next Action Plan for Official Languages. If, as a result of procedural problems caused by the opposition parties, Bill C‑13 isn't passed before the next action plan is introduced, what further impact will that have on francophone communities across Canada, but especially outside Quebec, which are currently in the minority.

Alain Dupuis Director General, Fédération des communautés francophones et acadienne du Canada

For example, the policy on francophone immigration promised in Bill C‑13 is essential. As the demographic weight of our communities has been in free fall for decades, we need a strong and clear francophone immigration policy so we can establish new targets and, above all, implement new immigration programs that meet the specific needs of francophone and Acadian communities. That's a very specific example.

Our communities have major labour shortages in education, early childhood and health. All the public services of all the levels of government are short of bilingual personnel.

In addition, our country has major French-language issues that must be resolved. In the meantime, we need a bill to be passed so the necessary policies can be put forward.

Arielle Kayabaga Liberal London West, ON

Thank you very much, Mr. Chair.

First, I'd like to thank the witnesses. It's a pleasure to have them here again.

I'm going to continue on the same subject my colleague addressed.

I know you've taken part in many consultations with the minister, and you initially made many recommendations. We've now reached the point where your recommendations are really very relevant. You mentioned in your opening statement how important it was to move forward. It has to be clearly said: we've been conducting consultations for a long time. We've been waiting for years for a bill like Bill C‑13 to be passed.

Can you tell us today how important it is for the bill to be passed quickly?

And do you know there's a review system that applies to every statute implemented within government?

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Ms. Roy, I completely agree with what you say. I think the Treasury Board must be in charge of applying the act as a whole. It's the only one of the various departments named in the act that can both demand accountability and be accountable.

Do you know who said those words? It was the Minister of Official Languages. She was appearing before the committee on another matter, but she also discussed Bill C‑13.

You said we had to proceed quickly, and I completely agree with you. However, we have to do things right because we're drafting a bill for the next 50 years. You say you have a sense of accomplishment because you've been working on the modernization bill for five years. The government has been working on it for five years too, but nonchalantly at times. You mustn't blame us for delaying the process. Our objective is that the act guarantee that Canada is a bilingual country for the next 50 years.

I would ask you please to stop pressing us to work harder. We have to do things right, but it's mathematically impossible to do that in the three remaining meetings. We have to be realistic. We want to do things right. I think we should target late 2022 instead. I think we can make ourselves available for that. Once again, for example, today we're extending the committee meeting by half an hour as a result of some voting-related parliamentary restrictions.

I'd like to know if the FCFA can be open and understand that we're taking the time to do things right. The FCFA represents a segment of the stakeholders concerned by Bill C‑13, but other groups and sectors are affected as well. Part II of the Official Languages Act concerns businesses.

Ms. Roy, what is the FCFA's position in light of the discussion we just had?

June 8th, 2022 / 4:40 p.m.


See context

President, Fédération des communautés francophones et acadienne du Canada

Liane Roy

No. We're asking that it go a bit further with regard to the Treasury Board. We'd like it not to apply solely to what's included in Bill C‑13, and that it extend to the act as a whole. It's important for us that a central agency implement the act as a whole, coordinate the act as a whole and ensure accountability for the act as a whole.

Accountability is a very important aspect. We have to have a holistic overview, a general overview, of everything that's done regarding official languages across the entire machinery of government, and, in our view and that of our lawyers, the Treasury Board is capable of doing that.

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

You say that, if we don't pass the Official Languages Act modernization bill quickly, you'll become victims under the next Action Plan for Official Languages. I want to reassure you that the government has just begun consultations. I don't think the one prevents the other. I also don't think the FCFA will be hurt in the process.

On March 23, a witness appearing before the committee said that the bill "clearly outlines the Treasury Board's central agency role". Do you think Bill C‑13 adequately responds to what that witness said?

Liane Roy President, Fédération des communautés francophones et acadienne du Canada

Good afternoon, Mr. Chair and members of the committee.

We are very pleased to appear before you today to discuss Bill C‑13. We have also come here with a sense of accomplishment. For five years, we have committed ourselves to this grand effort to provide Canada with a strong, modern and respected Official Languages Act.

We are now on the threshold of a historic change for Canada's linguistic duality. I can't help but think of all the people, here in Parliament and in our communities, who have helped to advance this major project.

You have received FCFA's brief outlining the final amendments that we consider important to ensure that the modernized act actually changes the situation in the way we all hope. In the few minutes allotted me, I would like to focus mainly on the underlying reasons for those amendments.

The purpose of the first amendment is to clarify the role of the Treasury Board as the central agency charged with coordinating implementation of the Official Languages Act as a whole. Under our proposed amendment, Canadian Heritage would be stripped of its coordinating role, which clashes with that of the Treasury Board, while retaining its policy role and authority to design and administer programs. We would also eliminate the provision enabling the Treasury Board to delegate its coordination responsibilities to other federal institutions. This would preclude future governments from deciding that every institution is individually in a better position to manage the application of the act internally, a situation that would result in the lack of consistency and central coordination that we currently condemn.

The second amendment would provide for strong language clauses to be included in the agreements under which funding is transferred to the provinces and territories. As you are aware, failure to include such clauses has frequently deprived francophones of services in their language. It is the reason why British Columbia francophones have been fighting their employment assistance services case in the courts for more than a decade. The purpose of our amendment is to put an end to this problem, specifically by authorizing the federal government to deal directly with our communities if a province or territory resists the idea of language clauses.

The third amendment would clarify the objective of the francophone immigration policy the federal government will have to adopt. That objective must be to restore the demographic weight of our communities clearly and unambiguously. This is important because immigration is already by far the main, if not the only, source of demographic growth in our communities.

Fourth, since the concept of "positive measures" included in part VII of the act has been challenged in the courts, it should be clarified once and for all so that federal institutions are more aware of what they are required to do. The wording of the bill should refer to "necessary measures" instead of measures that federal institutions consider appropriate.

In addition, since Bill C‑11, the purpose of which is to modernize the Broadcasting Act, includes highly detailed provisions on consultations, the FCFA requests that those provisions also be included in Bill C‑13.

The fifth amendment concerns the scope of the powers of the Commissioner of Official Languages. We applaud the fact that Bill C‑13 grants the Commissioner, for the first time, the power to make orders and impose penalties. However, one wonders why that power is limited to certain parts of the act. The Commissioner should at least be able to make orders respecting federal institutions' obligations under part VII.

Lastly, the FCFA is very pleased that Bill C‑13 acknowledges that French is not on an equal footing with English and that it must be protected and promoted across the country, including in Quebec. However, the FCFA recommends that the definition of the term "francophone minorities" be revised to ensure it is clearly interpreted when applied to francophone communities outside Quebec.

Members of the Standing Committee on Official Languages, this may be the last time the FCFA appears before you to discuss the modernization of the Official Languages Act. Whatever else may happen, let us hope this process can be completed in the next few weeks. If we are successful, let it go down in history that we dreamed big dreams for the French language, for linguistic duality and for Canada. Our children and grandchildren will thank us for it.

Thank you for your attention.

The Chair Liberal René Arseneault

I call this meeting to order.

Welcome to meeting number 26 of the House of Commons Standing Committee on Official Languages.

Today's meeting is in a hybrid format, and members are attending in person or via the Zoom application.

Given the ongoing pandemic situation and in light of the recommendations from health authorities to remain healthy and safe, all those attending the meeting in person should follow the directives of the Board of Internal Economy.

Should any technical challenges arise, please advise me. Please note that we may need to suspend for a few minutes, as we need to ensure that all members are able to participate fully.

Pursuant to the order of reference of Monday, May 30, 2022, the committee is resuming its study of 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.

On behalf of the entire committee, I would now like to welcome today's witnesses, who represent the Fédération des communautés francophones et acadienne du Canada, or FCFA: Liane Roy, president, and Alain Dupuis, director.

Ms. Roy, this is your first in‑person appearance before the Standing Committee on Official Languages. Welcome to Parliament Hill.

As you know, we will allow you five minutes for your presentation. Then each of the members of the political parties that form this excellent committee will have a chance to ask you questions.

Ms. Roy, you have the floor for five minutes.

Official LanguagesOral Questions

June 8th, 2022 / 2:50 p.m.


See context

Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency

Mr. Speaker, we have been very clear that protecting and promoting the French language is a priority.

I am not here to pick a fight with the Bloc either. Quite the opposite, in fact. I want to work closely with the Bloc and ensure that Bill C‑13 gets adopted, because it will make a difference in the lives of Canadians.

What we saw this week in committee was members wasting time. I hope that the Bloc Québécois and all of the opposition members will really work with us to pass Bill C‑13 as soon as possible and to hear from the witnesses who have important information to share that will help us pass a good bill.

Mona Fortier Liberal Ottawa—Vanier, ON

Again, there are some costs associated with developing Bill C-13 and in imagining how this will be implemented.

I can maybe ask Monia Lahaie, who probably has the specifics on the—

Mona Fortier Liberal Ottawa—Vanier, ON

As you probably heard, the minister responsible for official languages was very clear on the fact that we are on a path to adopt, I hope, Bill C-13, very soon. Then we will be able to have the necessary funds to see how this new law will be implemented.

I believe that probably at that time we'll be able to evaluate how we will implement the new Bill C-13

Ben Lobb Conservative Huron—Bruce, ON

Thank you very much.

In April, the PBO requested some costing in regard to Bill C-13. To date, it has not received any information from the Treasury Board. It was a formal request. Is there a reason why? When can the PBO expect some costing information on Bill C-13?

Mona Fortier Liberal Ottawa—Vanier, ON

I think we have the same passion.

I thank you for your question and for the important work you are doing to modernize the Official Languages Act.

All parliamentarians are working on this issue, and I hope that we will be able to move forward quickly with Bill C‑13, An Act for the Substantive Equality of Canada's Official Languages, so that this famous Official Languages Act can be modernized, after more than 50 years. This legislation should give us more ways to increase the relevance of official languages across the country.

As we know, French is in decline throughout Canada, even in Quebec. We must find ways to strengthen both of the country's official languages.

Bill C‑13 will strengthen the Treasury Board's powers with respect to official languages, which will ensure compliance by federal institutions, as well as an increased monitoring, auditing and evaluation role. Before, we didn't necessarily do it formally, but now it will really give the Treasury Board the authority to do it. It's really important to continue these efforts and to clarify the role of the Treasury Board in order to strengthen official languages across the country.

With regard to the public service, I would like to mention that respecting official languages is not only an obligation of the government, but also one of its priorities. It is essential to provide services efficiently and effectively in both official languages. We are committed to providing federal services in accordance with our official languages obligations.

As I said earlier to Mr. Lemire, we will continue to increase the number of positions that will be offered in both official languages. We will continue to put in place language training programs for public servants. We even have a project for graduates and newcomers. We want to help them master both official languages and offer these services to Canadians.

A lot of effort and investment is being made, and we will continue to show leadership. With the help of all parliamentarians, we will be able to ensure that the new law is adopted. I personally hope that it will be passed soon.