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

The House resumed from May 20 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, of the amendment and of the amendment to the amendment.

Official LanguagesOral Questions

May 30th, 2022 / 2:40 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, the Liberals are not just issuing threats against Bill 96, they are already dismantling it.

Bill 96 imposes the Charter of the French Language on federally regulated businesses, but the Liberals are giving them a way out in their own Bill C‑13, which will allow these businesses to continue to work in English with complete disregard for Quebec laws.

On language matters, the Liberals' actions speak for themselves. Why are they encouraging the anglicization of Quebec instead of protecting French?

Official LanguagesOral Questions

May 30th, 2022 / 2:40 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I, too, am a Quebecker and I, too, have the right to share my opinion in this regard, as do other Quebeckers from various sectors and fields.

Legal scholars, health care professionals and other experts have all spoken out against Bill 96. We all want to protect French, and we all should protect French. That is exactly what our Bill C-13 would do for Quebec and all of Canada.

As I said, we will be following the implementation of Bill 96 to ensure that it does not exceed Quebec's jurisdiction.

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

Thank you very much.

Mr. Alghabra, it appears that companies under your portfolio, such as Canadian National, or CN, and Air Canada, are having a great deal of difficulty complying with the Official Languages Act and applying it as regards respect for French in their operations.

The study of Bill C‑13 is proceeding, and it could be adopted soon. Your objective with this bill is to make other organizations—not including CN and Air Canada, which are already subject to the Official Languages Act—subject to the same rules as those two companies.

Given the deplorable situation at CN and Air Canada, in what way will the application of Bill C‑13 to the remaining federal organizations improve matters? Would it not be preferable to apply the provisions of Quebec's bill 96 and bill 101?

Is there not a risk that the same situation would arise that we see now at CN and Air Canada?

Act for the Substantive Equality of Canada’s Official LanguagesGovernment Orders

May 20th, 2022 / 1:30 p.m.


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Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, thank you for your kind description of my speech.

Today is the second time I rise in the House to speak to the bill to modernize official languages. What parliamentarians are trying to do here today is establish rules to stop the decline of French, protect it and promote it. I am obviously talking about the modernization of the Official Languages Act.

Of the two official languages, French is definitely the more vulnerable. It is clear that we will be speaking more French. However, I think we need to take pride in living in a country that is unique in its bilingualism, French and English, and we need to safeguard this unique character. Our country must still have two official languages in 50 years.

I am concerned about what this government wants to do. In recent weeks, very specific actions have shown us that this government is insensitive, it is not paying attention, and it has no intention of really protecting French, promoting it and stopping its decline. I have many examples to talk about. The list is very long, but I will try to restrain myself.

The Liberal government appointed a unilingual lieutenant governor in 2019, since that falls under its purview. She actually is bilingual, but her other language is not the second official language of our country. That is the first inconsistency I wanted to point out. It is rather odd.

A provincial court judge in New Brunswick recently ruled that it was unconstitutional to appoint a unilingual anglophone lieutenant governor. We were pleased with that ruling. We realize that we are in a bilingual country. New Brunswick is the only officially bilingual province in Canada. However, the government appointed a unilingual lieutenant governor, so obviously that was wrong.

We learned this week that the federal government is going to appeal that ruling because it argues that it makes no sense and does not hold up under the pretext that it is not a provincial matter. The only body that can enforce bilingualism in our country at this time is the federal government, and it is fighting a decision that would help it enforce bilingualism. Three Liberal members from the Atlantic provinces have even publicly challenged their own government's decision. It is rather odd. Even within the party in power, people are worried.

To add insult to injury, once again the government is challenging a ruling on the protection of French. That is rather odd. I should also point out that, just recently, the government made a veiled attempt to challenge the Federal Court of Appeal ruling of January 2022 to allow francophones in British Columbia to have access to services in French. It is rather peculiar that the Attorney General of Canada wants to appeal this Supreme Court of Canada ruling.

There are also the press conferences that are held in English only by certain Canadian government ministers. I would remind members that this is a bilingual country that speaks French and English. When the Minister of Environment and Climate Change's briefing was released, Hélène Buzzetti tweeted that the information was issued in English only. However, we are probably the ones who are worried for no reason. Everything is just fine.

I am sure that deep down, the Minister of Official Languages, a woman I respect, is trying to protect bilingualism in Canada, but she has to fight for it within her own party. She is a representative from New Brunswick.

This week, after refusing several times to answer journalists' questions, she was forced to say that she supported her government's decision to challenge the ruling on the matter of the Lieutenant Governor.

Here in the House, members are asking numerous questions about bilingualism and the French language. We see who will answer the questions. The Minister of Official Languages is always ready to answer, but she is being cut off and the floor is being given to someone else. That is rather strange.

I read and reread Bill C‑13, and it includes some good measures. As my colleague from Rimouski‑Neigette—Témiscouata—Les Basques was saying earlier, it contains some positive elements. However, it is not much when we think about what needs to be done to stop the decline of French and protect and promote the language of Molière. We need to work.

In my first speech the other day, I said that I was reaching out to the government to help it so that we can have real legislation with real teeth. As I have said before, Bill C‑13 is pretty wimpy. Canada's French colony needs legislation that packs a real punch, legislation with real teeth, so that we have the measures and regulations we need to protect the French fact in Canada.

I repeat that I have the privilege of serving on the Standing Committee on Official Languages. The last time the Official Languages Act was modernized was in 1988 when the Conservative Party of Canada was in office. We are prepared to work with the government. We intend to protect the French fact and to suggest good amendments to the bill. I invite all parties to participate in the committee study of Bill C‑13.

On this Friday, I state loud and clear that the Conservative Party of Canada is prepared to reach out to the Liberal government so that we can get the job done right and protect the French fact in North America.

Act for the Substantive Equality of Canada’s Official LanguagesGovernment Orders

May 20th, 2022 / 1:25 p.m.


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Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, I thank my colleague from Rimouski-Neigette—Témiscouata—Les Basques for his intervention. I think he and I share the same concern for the French fact. His concern is focused more on French in Quebec, while the French fact as a whole, in Quebec and across Canada, is what matters to me.

My colleague said that he is not in favour of Bill C‑13. He gave an ultimatum. I am privileged to be a member of the Standing Committee on Official Languages together with his colleague from La Pointe-de-l'Île.

If amendments were put forward by the Bloc Québécois, the Conservative Party, the NDP and probably the Liberal Party of Canada too, would my colleague be prepared to work with us to advance the cause, promote French and protect it from declining?

Act for the Substantive Equality of Canada’s Official LanguagesGovernment Orders

May 20th, 2022 / 1:15 p.m.


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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I am pleased today to speak to Bill C-13, which is particularly important to the Bloc Québécois.

Today's strategy from the Liberals, supported by the NDP, was to move time allocation on a bill that is vital to protecting French in Quebec as well as in the rest of Canada.

Bill C‑13, which is currently under consideration, represents the culmination of efforts to modernize the Official Languages Act. This objective is set out in the mandate letter of the current Minister of Official Languages, as well as that of her predecessor.

In the September 2020 Speech from the Throne, the government recognized the special status of French and its responsibility to protect and promote it, both outside and within Quebec.

The stage seemed to be set for the federal government to protect French in Quebec. It appeared the government would include the reform, requests and demands of those dealing with the decline of their language on a daily basis, namely Quebeckers.

However, in both Bill C-32 from the previous Parliament and the current version, the Official Languages Act reform completely ignores the demands made unanimously by the Quebec National Assembly and the Bloc Québécois about protecting French in Quebec.

In fact, the federal government's bill flies in the face of the Quebec National Assembly's Bill 96. One of the objectives of Bill 96 is to extend the application of the Charter of the French Language throughout Quebec. Despite that, in their interventions and communications, the Liberals claim to support Bill 101 and brag about being champions of the French language.

Since the Prime Minister and Liberal members claim that they have always supported the Charter of the French Language, how can they introduce a bill that will prevent the Quebec government from applying that charter within its own territory? Based on a 2007 Supreme Court ruling, provincial laws can apply to federally regulated businesses as long as they do not directly violate any applicable federal law.

Quebec has long been asking Ottawa to allow Bill 101 to apply to federally regulated businesses based on that ruling. A resolution supported by all parties in the Quebec National Assembly and adopted on December 1, 2020, stated that the Charter of the French Language “must be applied to companies operating under federal jurisdiction within Québec” and called on the Government of Canada to “make a formal commitment to work with Québec to ensure the implementation of this change”.

The message could not be any clearer, but what did the Liberals do at the first opportunity? They imposed on Quebec a language regime that subjects all federally regulated businesses to the Official Languages Act, while at the same time destroying Quebec's ability to apply its Charter of the French Language to businesses operating on its territory.

That should not be taken lightly. There is even a serious and real danger for French in Quebec with Bill C‑13. In the event of a difference between the federal regime, which is based on bilingualism, and Quebec's regime, which is based on the primacy of French, the federal regime would prevail.

The Minister of Official Languages can repeat as much as she wants that Bill C‑13 will protect French in Quebec as well as Bill 101, but that is not true. It is factually incorrect.

Bill C‑13 seeks to apply the bilingualism regime to Air Canada. Francophones will be given the right to complain in the event that the right to work in French is breached. It has been shown many times that this model cannot protect the rights of francophones to work and be served in their language. Despite the thousands of complaints against Air Canada over the years, we see that for these non-compliant organizations, French is nothing but an irritant. How will extending this model to all federally regulated private business stop the decline of French?

What is more, Bill C‑13 confirms the right to work in English at federally regulated businesses in Quebec. I repeat, the Official Languages Act is reinforcing bilingualism, not protecting French. Some will say that the bilingualism approach seems reasonable at first glance. It leaves it up to the individual to interact in the language of their choice. However, when we take into account the linguistic and demographic dynamics in which that choice is made, this approach has devastating and irreversible consequences on French. Do not take it from me. It is science.

Professor Guillaume Rousseau from Université de Sherbrooke explained this phenomenon to the Standing Committee on Official Languages in February:

...virtually all language policy experts around the world believe that only [an approach that focuses on just one official language] can guarantee the survival and development of a minority language....

The...approach may seem generous, since individuals may choose which language to use among many, but it is in fact the strongest language that will dominate....In real terms, the federal government should do less for English and more for French in Quebec.

As my party's science and innovation critic, I must insist on the importance of basing our decisions on scientific data. Ottawa must listen to reason, listen to the science and respect the evidence. Science cannot be invoked only when it suits our purposes and ignored when it does not, and the Prime Minister needs to take that into account.

When we look around the House of Commons, we quickly see that the Liberal Party stands completely alone when it comes to the application of Bill 101 to federally regulated businesses. It has always been easy for the Prime Minister to say that he is in favour of Bill 101 as long as that did not require him to take any action, politically speaking. Today, it is clear that French is declining in Quebec and Canada and that its decline is accelerating so fast that the Prime Minister himself has been forced to recognize it and express concern. He still says that he is in favour of Bill 101, but he is not walking the talk.

We are witnessing yet another attempt by the Liberal government to create a wide, untenable gap. On the one hand, the government wants to be the champion of French because it feels the public pressure to protect French better, including in Quebec. On the other hand, it completely refuses to let Quebec control its own language policy. The result is that the Liberal Party now stands alone in its stubbornness. We saw that when my colleague from Salaberry—Suroît introduced Bill C-238, which seeks to subject all federally regulated businesses to the Charter of the French Language. The Bloc, the Conservative Party and the NDP supported it, but the Liberal Party did not.

Let me make this clear. The Bloc Québécois will not support Bill C‑13 unless and until amendments are made that enable Quebec to be the master of its own language policy. The federal government must acknowledge that the Quebec nation is grappling with anglicization, and it must introduce a differentiated approach that recognizes and respects Quebec's unique linguistic reality. That is why explicit recognition that the Charter of the French Language takes precedence over the Official Languages Act for federally regulated businesses in Quebec is a minimum requirement. That is what the Bloc Québécois and the National Assembly of Quebec want, so that is what Quebec needs.

Official LanguagesOral Questions

May 20th, 2022 / 11:45 a.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, when she talked about the bill having teeth, the minister failed to mention something important. Bill C-13 allows businesses to voluntarily become subject to the Charter of the French Language. She is well aware of the difference between voluntary and mandatory.

If Bill C‑13 passes, Bill 96 will apply to businesses only if they so choose. I find it hard to believe this was not prearranged, knowing how plenty of Liberals feel about protecting French. The reality in Quebec is that it is French that must be protected.

Does the minister understand that she is actually protecting the anglicization of workplaces with Bill C‑13?

Official LanguagesOral Questions

May 20th, 2022 / 11:45 a.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, while Quebec is in the midst of debating Bill 96, Ottawa is trying to thwart one of the bill's main measures.

Ottawa's Bill C‑13 would prevent Quebec from applying the Charter of the French Language to federally regulated businesses. We need to protect the French language in Quebec, yet Ottawa is protecting the English language at work. On top of that, the Liberals are in a rush. They just moved closure on Bill C‑13 to limit debate as much as possible.

Is this because they are afraid Quebeckers will rally against this bill, which does not protect the right language in Quebec?

Bill C-13—Time Allocation MotionAn Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 20th, 2022 / 10:35 a.m.


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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, again, I think that we recognize that Bill C-13 is a really important piece of legislation. Yes, debate has happened in the House. This is the fourth day, but we want this debate to continue. There have been a lot of games that have been played over the past number of weeks, and we certainly do not want to see this bill stalled. Canadians are expecting us to take action when it comes to official languages, and people are watching this debate very closely.

That is why we are moving forward with making sure that we finish the debate today in the House. From there, the committees will be able to do the important work that they have to do.

The committee's work is independent. It is going to be able to look at this bill and make the proper assessment of it.

Bill C-13—Time Allocation MotionAn Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 20th, 2022 / 10:30 a.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, it appears that the Conservatives do not even know what we are debating right now, based on the point of order that came earlier. The suggestion was that we were debating Bill C-13. We are not. We are actually debating a motion to time allocate it, because we have to: It is a position that the Conservatives have put us in.

The member for New Westminster—Burnaby actually was spot-on as to why we are in the situation that we are in: Conservatives are just putting up person after person for no reason other than to obstruct this Parliament. We saw that on Monday night, when they put up speaker after speaker on a bill that they supposedly support.

Can the minister please explain to the House how she sees the difficulties coming from the other side?

Bill C-13—Time Allocation MotionAn Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 20th, 2022 / 10:30 a.m.


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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, if we look at the components of Bill C-32, our action plan and Bill C-13, it is clear that the common thread is the desire to achieve substantive equality. That is why we are going further with our bill. We want to ensure that we make our contribution to achieving substantive equality. It will not happen overnight. We recognize that French is in decline in this country. French is in decline in Canada. That is why we are moving forward with an ambitious bill. We absolutely want to correct this situation.

Bill C-13—Time Allocation MotionAn Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 20th, 2022 / 10:25 a.m.


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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, I would like to once again thank my colleague who has been working in this field for several decades. I am extremely grateful to him for that and for the work that he does here in Ottawa as the chair of the official languages caucus.

Positive measures are indeed a very important part of Bill C-13. The stakeholders we spoke to really wanted to see improvements in the definition and handling of positive measures compared to former Bill C-32. That is exactly what we did.

We took care to closely examine every word and every comma in our new bill because we want to ensure that it will really help official language minority communities. We want the positive measures to be clearly defined, because they are a very important component.

Bill C-13—Time Allocation MotionAn Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 20th, 2022 / 10:25 a.m.


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Sackville—Preston—Chezzetcook Nova Scotia

Liberal

Darrell Samson LiberalParliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence

Madam Speaker, I thank you for giving me the opportunity to rise today to speak to Bill C-13.

As an Acadian from Nova Scotia who worked on the ground in the field of education for 30 some years, I was able to witness first-hand the challenges we face in advancing French in our official language minority communities.

We have known about these issues for 30 years, and we know that something needs to be done to remedy them. We have taken some action over the past five or 10 years, namely with the Translation Bureau, the court challenges program, services in French and bilingual judges in the Supreme Court of Canada. Those are all very important things.

Positive measures are essential, and the courts are saying that we need to do more in that regard. Does the minister think that Bill C-13 responds to this request from the courts?

Bill C-13—Time Allocation MotionAn Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 20th, 2022 / 10:15 a.m.


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Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Madam Speaker, I am a member of the Standing Committee on Official Languages, along with some of my colleagues currently in the House, whether virtually or in person. I can confirm that this committee has the best team, across party lines, to carry Bill C-13 forward and do exactly what we hope to achieve with it.

I would like to hear more from the minister about what she has heard from stakeholders from coast to coast to coast, wherever they are located in our big, beautiful Canada, about this new version of the legislation.