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

[Bonita Zarrillo, NDP, Port Moody—Coquitlam, BC]

Madam Speaker, I have heard a couple of times tonight in the debate the mention of the 4.4% target for immigration, but I have also heard a couple of times tonight about the importance of children who are immigrating here to learn French, and actually the demand for it. When parents come, they want their children, outside of Quebec and all across Canada, to be able to learn French.

Does the member have any ideas about how the federal government could support immigrant children coming to Canada to learn French in provinces outside of Quebec?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, speaking from the perspective of an Alberta MP, there is great demand for people to be able to learn French. I see that in my community, and much of that is a question of what is within our education system. In my riding, we have a number of francophone schools for the francophone community. We have a very large and very successful French immersion program as well for people of all backgrounds, whether recent immigrants or people whose families have been in Canada for generations, who see the benefit and opportunities that are associated with being able to learn and study in French.

There is so much opportunity for French immersion, but I think one of the challenges is that sometimes there is less opportunity to actually use that French as people get older. People who have studied in French as students end up using the language less. I am not going to say anything that will surprise anyone, but generally the language of commerce and conversation where I live is English.

I think we need to think strategically about making those opportunities available to young people to study and having the federal government work collaboratively with provinces in terms of their areas of jurisdiction, and then also thinking about how we can create more opportunities for people to use French more as they get older.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I appreciate the member's focus on what we could do to enhance francophone immigration. It is referenced, of course, in Bill C-13, but to ask the Minister of Immigration to develop a strategy for francophone immigration, given his catalogue of existing failures to seize this opportunity, does the member think that we have scope in amending Bill C-13 to jump-start strategies with specific measures that will improve and enhance francophone immigration to various parts of this country?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the bill, I gather, will go to the official languages committee when it is adopted at second reading, and I think it has support across the House to pass second reading. However, concurrent with that, the immigration committee, which I sit on, is doing a study of many of these issues and I believe will bring recommendations to the House for specific points of action. I think part of the deliberation and the feedback the official languages committee will want to hear is what kinds of amendments could really strengthen that section.

What we are hearing at the immigration committee as well is that there needs to be a broader strengthening of our immigration system. There are many systemic issues in our immigration system. We need to address the problems of why we are seeing those disparities in refusal rates from country to country, why we still have issues of racism at IRCC, which need to be addressed, and why we have these problems with backlogs. Part of addressing the issues around francophone immigration is also addressing the challenges with the immigration system that have crept in under this government writ large.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Madam Speaker, to begin, I would like to say that I will be sharing my time with the member for Rosemont—La Petite-Patrie.

It is a great pleasure for me, as a multilingual member of Parliament and someone who grew up speaking French and Arabic at home, to rise today to discuss Bill C-13.

I think everyone can agree that it is time to modernize the Official Languages Act. I also believe that we can acknowledge that the federal government must do more to establish and maintain substantive equality between our two official languages.

Our government's modernization of the Official Languages Act is a big step in the right direction. It demonstrates our commitment to protecting and promoting French everywhere in Canada, including in Quebec, while also supporting official-language minority communities from coast to coast to coast. These goals are not mutually exclusive. We can and must do both proudly. This bill will move us forward to what I believe we all wish to see: substantive equality between Canada's official languages.

It is one of my personal priorities, and I am proud that it is also a government priority.

As my colleagues know, this legislation builds on the bill introduced during the previous Parliament. I want to acknowledge and thank my friend, the Minister of Official Languages, for her work and attention to this, and for the choice of historic Grand-Pré in my beautiful province of Nouvelle-Écosse as the site of this new bill's announcement. The symbolism of that choice did not go unnoticed.

I would also like to recognize the work done on this file by the former official languages minister, who is now the Minister of Foreign Affairs. I had the privilege of attending the 2021 federal, provincial and territorial meetings of ministers responsible for the Canadian Francophonie with her. While there, we discussed the modernization of this act, as well as the provision of services in French and the shortage of bilingual workers.

This improved bill adds important provisions that strengthen compliance with the Official Languages Act across government, enhance the powers of the official languages commissioner, and encourage the use of French in federally regulated businesses in Quebec and other regions with a strong francophone presence.

As several of my colleagues have noted, this is the first major reform of the act in over 30 years.

We have more experience today of how the act has worked over the years and where it has fallen short. We have the benefit of a great deal of input and feedback from stakeholders and official-language minority community groups to draw upon in our modernization, including what we heard in response to the bill introduced last year.

I have personally had the opportunity to meet with representatives of the Fédération des communautés francophones et acadienne du Canada and the Fédération nationale des conseils scolaires francophones. I appreciated their feedback on Bill C‑13. With this bill, we are demonstrating our commitment to listening to community organizations, keeping one of the main promises in our campaign platform and introducing a balanced bill that reflects the linguistic realities of francophone and anglophone Canadians.

What would the amendments presented in this bill accomplish? The answer is, many things, but I will highlight a few. The bill would specify that all legal obligations related to the official languages apply at all times, including during emergencies. It would provide that section 16 of the act applies to the Supreme Court of Canada. It would 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. It would require the Minister of Immigration, Refugees and Citizenship to adopt a policy on francophone immigration. It would centralize the coordination of the act under a single minister, who would have access to the resources of a central agency, the Treasury Board.

The Treasury Board would be required to establish policies to give effect to certain parts of the act; monitor and audit federal institutions for their compliance with policies, directives and regulations relating to the official languages; and evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages.

I think these changes make sense. Canadians need clear accountability so they can make sure their government is delivering concrete results.

Strengthening the Treasury Board's role and removing discretion would help us achieve the vision of a public service where everyone works in the official language of their choice.

Bill C-13 would also strengthen the powers of the official languages commissioners to make sure they have the tools they need to enforce the act, essentially ensuring that the Official Languages Act has teeth. This includes giving them the ability to impose monetary penalties on companies that work with the travelling public and to enter into compliance agreements.

It would provide for Government of Canada commitments to protect and promote French, ensure education rights are being met, and advance opportunities for linguistic minority community members to pursue quality learning in their own language throughout their lives.

It would provide for certain positive measures that federal institutions may take to implement our commitments, including to promote and support the learning of English and French in Canada and support sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protecting their institutions.

It would empower the Minister of Canadian Heritage to promote the rights Canadians hold with regard to language of work, and advance equality of status and use of English and French in Canadian society.

The bill would enact the use of French in federally regulated private businesses act, which would provide 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 later in regions with a strong francophone presence.

As I mentioned, our bill would give the Commissioner of Official Languages more enforcement tools, which had already been envisioned, to tackle the ongoing problem of non-compliance.

Bill C-13 also addresses worrisome trends, such as the decline in the demographic weight of Canada's francophone population, including in Quebec, and the stagnating overall rate of bilingualism among Canadians. The bill recognizes two important truths. One, the private sector must play a role in promoting our official languages and enhancing the vitality of official-language minority communities. Two, French is in significant decline in our country and we must make a concerted effort to reverse the trend.

I would also like to use my time to share why I feel it is my responsibility to support this bill.

Fostering bilingualism is a personal priority for me, as is growing our francophone population. I, too, am concerned by the decline of the demographic weight of francophones in Canada.

I think we can make inroads on this problem by working hard to increase francophone immigration and by making significant investments in French-language education. My province is in dire need of francophone early childhood educators. We have to do more to ensure that families can see their children grow up in French.

As someone who spoke French before I spoke English, and who returned to my home province as a child without speaking English, I have a deep appreciation for the importance of government taking action to ensure the continued vitality and use of French.

As the former minister of immigration and the former minister of Acadian affairs and francophonie, I launched Nova Scotia's francophone immigration action plan in 2019. I advocated for the introduction of French stop signs in the Acadian regions of Nova Scotia. I worked closely with the French school board le Conseil scolaire acadien provincial—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I have to interrupt the member since we are moving on to questions and comments.

The hon. Minister of Official Languages.

[Ginette Petitpas Taylor, Liberal, Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency]

Madam Speaker, I would like to thank my colleague from Halifax West for her speech and her support for Bill C-13. I would also like to congratulate her for her work as a member of the official languages caucus and for what she achieved while she was the minister responsible for immigration and other portfolios in Nova Scotia.

She is very familiar with the bill and understands full well the importance of modernizing the Official Languages Act. I would like to know if she can describe how this bill will benefit her province.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Madam Speaker, the modernization of the Official Languages Act shows our commitment to protecting and promoting French across the country, including in Quebec, while supporting official language minority communities from coast to coast. I believe that this is extremely important and necessary.

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

Madam Speaker, people in Quebec and across the country are concerned about the decline of French. We know that this is a true systemic crisis.

Unfortunately, after seven years of the Liberals in power, the failures are mounting: a unilingual Minister of Immigration, Refugees and Citizenship; failures on francophone immigration; a CEO of Air Canada who has contempt for French; the news that there are no francophones on the board of Montreal-based CN; and finally the Commissioner of Official Languages saying that the government is responsible for a systemic crisis that francophone workers are paying for.

It is clear that we need a very strong Official Languages Act. As we know, several members have made it clear that amendments are needed to improve Bill C‑13.

Does the government support these calls for improvements? Is it willing to accept amendments so that we can strengthen this legislation now?

[Lena Metlege Diab, Liberal, Halifax West, NS]

Madam Speaker, I thank my colleague for her question. I listened to her speech on Bill C‑13, and I was very interested in her comments.

I agree with her. We must act to ensure the vitality of all official language minority communities. We do not want any of them to see their institutions, services, or protections diminish, and it is very important that corporate CEOs learn or understand at least basic French, because it is necessary.

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

Madam Speaker, anywhere in the world, it is normal for newcomers to want to join the majority.

If we simply allow free choice, there is no question that newcomers, even in Quebec, will tend to go towards English.

Why does Bill C‑13 stubbornly continue to impose free choice of languages in Quebec?

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member for Halifax West has one minute to respond.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Madam Speaker, I thank my colleague. I very much appreciate his question.

I love Quebec, the province of Quebec and all the people of Quebec. I agree that we must protect the French language, in Quebec and across Canada. I hope that all my colleagues can work together to ensure that Bill C‑13 evolves into the best legislation that it can be.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I am extremely honoured and happy to participate in tonight's debate on a subject that is particularly close to my heart, namely the vitality and future of the French language, whether in Quebec or anywhere in the federation's francophone minority communities.

That is why I would like to raise some points for consideration in tonight's discussion. The first thing to do is to provide an overview of the current situation.

How is it that we have reached a point where it is absolutely necessary to modernize the Official Languages Act? I remember one date: 1988. That is the year the last major reform of the Official Languages Act was carried out. I remember I was 15 years old and in ninth grade at Beaulieu school in Saint‑Jean‑sur‑Richelieu. It was a very long time ago, so I think it is high time to modernize the act. In fact, this modernization is several years overdue.

The situation has changed a great deal since 1988, and it has not improved for francophones in Quebec or in certain communities elsewhere in Canada. I will provide a few figures to start. In 1971, the demographic weight of francophones in the federation was 27.5%. In 2016, it was only 22.8%, which represents a considerable decrease over those 45 years.

Admissions of francophone immigrants outside Quebec between 2008 and 2020 totalled approximately 50,000, well below the 125,000 expected and required to keep the demographic weight of their population outside Quebec at 4.4%. This shortfall of 75,000 francophone immigrants outside Quebec is equivalent to the entire francophone community of British Columbia. That says a lot.

The 4.4% target for francophone immigrants outside Quebec established in 2003 was supposed to be met in 2008. It was pushed back 15 years because, over 20 years, the federal government never managed to promote the French-speaking minority in Canada outside Quebec. It never met that target. On the contrary, the percentage of francophones among immigrants who settled outside Quebec stagnated at around 2%, with a historic low of 1.5% recorded in 2015. That is a far cry from the target of 4.4% for francophone immigration set by the previous government.

We have more recent figures on the systematic rejection of work permits for francophone students from Africa. They are extremely worrisome and show that there is a systemic problem at Immigration, Refugees and Citizenship Canada. The refusal rate is much higher in Quebec than in the rest of Canada for these African countries. In Canada, the refusal rate was 29% in 2015 and it increased slightly to 33% in 2021. In Quebec, the refusal rate for francophone immigrants from Africa was 29% in 2015 and 52% in 2021, which is a significant increase.

These numbers are staggering, and then, on top of that, the French fact in Quebec and the rest of Canada has been declining for years. That is worrisome and the Commissioner of Official Languages has drawn attention to it. He said that, in 2021, he received approximately 1,000 complaints about non-compliance with the Official Languages Act and disregard for French in federally regulated businesses or federal departments. However, this year, he has already received 5,500 complaints, and the year is not over yet. That is five times more than last year. People see that there is a problem. The NDP noticed there was a problem over the years, but particularly in the past few years.

Some recent events in connection with the Official Languages Act were very upsetting for many people. The President of the Treasury Board said that he had not made any compromises and that no compromises would be made on official languages.

However, if we take a good look at internal federal government communications during the pandemic, we find communications that are in English only; meetings without interpretation services, or in which people were embarrassed or afraid to speak in French; and the approval of a unilingual English product label. In some cases, someone's health and safety could have been in danger because they did not have a French version of the label.

How could Health Canada authorize such a thing? It is mind-boggling. It is really shocking.

I will highlight some recent current events that really drive home what I have been talking about. The Liberals appointed a unilingual anglophone Lieutenant Governor in New Brunswick, the only officially bilingual province in Canada. Incidentally, they were chastised for that. Another issue that has attracted a lot of attention is that the CEO of Air Canada does not speak French and is quite happy to say that he has been living in Montreal for years, that he does not need to speak French and that he sees no problem with this. More recently, we learned that the board of directors of Canadian National is composed solely of unilingual anglophones who do not understand French and who do not see the necessity of having someone on the board who does.

We must take action. We should have taken action long ago. I must point out, as some of my colleagues did earlier, that it was somewhat cynical of the Liberal government to say that it had taken action by introducing Bill C-32 when it dragged its feet for six years and did nothing to modernize the Official Languages Act despite the glaring issues. Then there is the fact that there was nothing about access to child care, education, high schools; being able to live in French; having cultural activities in French. The government said that at least it had introduced a bill.

A bill was introduced two weeks before the end of the parliamentary session, when the government knew very well that it was going to call an election. That was last year, in 2021. It introduced a bill, a white paper, that was useless. We had to start all over again in the new Parliament. When the government says that it is concerned, that it cares, and that it is in a hurry to take action, pay it no mind because it has done nothing for years. How pathetic.

It is clear that the pressure exerted by the NDP, stakeholders and members of francophone and Acadian communities across the country has paid off. The government came back with a new bill that brings in substantial changes. That is good. We should not dismiss or downplay these changes.

The preamble of the amended Official Languages Act recognizes that French is in a minority situation in Canada and is the official language of Quebec. Also, while acknowledging linguistic regimes put in place in other provinces like New Brunswick, the amended act underscores the importance of maintaining and promoting indigenous languages. For the first time, there is a recognition that French is in a minority situation in Canada and that it is the official language of Quebec. That is not insignificant. That did not exist previously. It really is a step in the right direction. Let us not be willfully blind or stick our heads in the sand for ideological or vote-seeking reasons. It is very important. There had never been an affirmation of the asymmetrical linguistic situation in any federal law before. It is enshrined in this bill, and we in the NDP are very happy about it because it will give more tools to francophone communities in Quebec and, more importantly, outside Quebec. That is unprecedented. It has to be said.

The bill also clarifies which positive measures the government must take to support francophone minority communities outside Quebec. There have been cases before the courts where that was not clear. There is now greater clarity in that regard.

[Ginette Petitpas Taylor, Liberal, Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency]

Madam Speaker, I want to thank my colleague for his speech this evening and for his comments.

I was wondering if my hon. colleague could comment on the importance of including the court challenges program in the new Bill C‑13, since that program was abolished by the previous government. We recognized the importance of ensuring access to this program, especially for official language minority communities, which is why we included it in our bill.

Does he think this program will make a difference to official language minority communities?