Mr. Chair, and Mr. Généreux, CN already has legal obligation. It is obligated by law. What Bill C-13 proposes are additional tools to enforce the law.
Ginette Petitpas Taylor Liberal
This bill has received Royal Assent and is, or will soon become, law.
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 .
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.
Omar Alghabra Liberal Mississauga Centre, ON
Mr. Chair, and Mr. Généreux, CN already has legal obligation. It is obligated by law. What Bill C-13 proposes are additional tools to enforce the law.
Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Finally, some speaking time, Mr. Chair. Thank you.
Good afternoon, Minister. Thank you for being here.
I'm honestly disappointed today because you don't have any solutions for us apart from Bill C‑13, which our committee will soon begin considering.
The bill would provide for fines of up to $25,000 that the Commissioner of Official Languages could impose. Given CN's revenues, which run into the billions of dollars, I'm not sure a $25,000 fine would change much.
The bill would also give the Commissioner authority to order businesses subject to the Official Languages Act to take certain types of action. I would like to hear what you think of that. Are you in favour of that possibility?
Richard Lehoux Conservative Beauce, QC
Thank you for that answer, Minister.
Bill C‑13 is under consideration in the House. We're eager for it to be referred to our committee so we can amend it. There will definitely be major amendments to make so, for example, we can give you the authority to intervene with the boards of various organizations such as CN and Air Canada.
Omar Alghabra Liberal Mississauga Centre, ON
This is an important question that I know the committee is looking at. I want to repeat what I said earlier. The Official Languages Act is silent on the makeup of a board of directors. We need to remember that there is no legal obligation right now for CN to have a certain makeup within its board of directors.
Now, the committee is going to look at Bill C-13 and consider what else can be done. However, I still think, whether the law remains silent or not on the board of directors, that CN should set an example. It should set leadership in demonstrating to its employees and its customers that they continue to want to have adequate representation on their board of directors.
Omar Alghabra Liberal Mississauga Centre, ON
Yes. She and I have met on multiple occasions and we have spoken on multiple occasions. Whether it was regarding Bill C-13 or whether it was the CN board of directors appointment issue, we have spoken.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Air Canada and CN clearly have major problems. We can see a lack of respect for francophones and perhaps even safety issues.
We're talking about Bill C‑13 but are you prepared to assume your ministerial duties and apply the Official Languages Act to Air Canada and CN since that's within your area of responsibility?
Omar Alghabra Liberal Mississauga Centre, ON
Ms. Ashton, we heard these complaints loud and clear. That's why a significant element of Bill C-13 is creating more powers for the Commissioner of Official Languages to impose serious fines on corporations or organizations that fail to uphold their responsibility, including Air Canada.
I can assure you that not only do I, Transport Canada and other government officials keep reminding Air Canada of their responsibility, but we're now providing new tools and there will be severe consequences for any failure to uphold these obligations.
Omar Alghabra Liberal Mississauga Centre, ON
Ms. Ashton, I agree with you about how critical it is that workers are able to work in their language of choice. These obligations for CN have existed for decades. CN is expected to ensure that all of its employees and all of its customers are able to work in the language of their choice. It would be unacceptable for CN not to fulfill that obligation, even before Bill C-13 passes.
We all need to work together on identifying areas of improvement so we can ensure that the Official Languages Act, as it is today, is not only upheld, but can be improved upon. You're right. First, we have to respect Canadians' rights and ensure that they work in a safe place, but also that they are able to conduct their job properly, adequately and safely. We have to remain vigilant and work together to ensure that we uphold those responsibilities.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
I want to go back to the CN situation because there's also a safety issue here. If railway companies can't hire supervisors who can understand and speak French, dangerous situations may arise, as has happened in eastern Canada. Sometimes people are asked to act as interpreters in the course of shunting trains. That then becomes a transportation safety issue.
We know that increasing numbers of railway accidents have occurred in recent years. Consequently, we have to do more than just talk about Bill C‑13. We have to act now because we know the problems also concern safety.
What are you waiting for in order to take action? Do we have to wait for another accident to happen because team members misunderstood instructions?
Omar Alghabra Liberal Mississauga Centre, ON
Again, I'm looking forward to the study of the committee when Bill C-13 arrives here. The idea here is to ensure that the official languages commissioner, who has the expertise, the knowledge and the authorities, is able to investigate and uphold the Official Languages Act responsibility.
Omar Alghabra Liberal Mississauga Centre, ON
Monsieur Godin, we know that both of these organizations we're talking about, CN and Air Canada, are private companies. Having said that, I'm really interested in protecting the rights of customers and employees in ensuring that they get the language of their choice.
Having said that, I don't want to pre-empt the study of your committee. I know that you're going to study it thoroughly.
I want to take a moment to encourage all members of the House to pass the second reading of Bill C-13 so that it gets to this committee and you are able to conduct a full study on it.
Omar Alghabra Liberal Mississauga Centre, ON
Monsieur Godin, what we are really focused on and interested in are outcomes. We want to make sure that customers receive services in the language of their choice, either English or French, and that employees are protected so they can work in the language of their choice.
I look forward to the committee's study of Bill C-13. I'd like to see it get here as quickly as possible. I'm confident that you are going to study all components of it and offer your own recommendations.
We're really determined to make sure that customers' and employees' right to be served or to work in the language of their choice is protected.
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
And you're entirely right, Minister. However, I've read Bill C‑13, and it makes no provision for any tools or means for a minister, prime minister or government to compel the appointment of a specific percentage of francophones to the boards of federally regulated institutions in Canada.
I understand that you rely on people's good faith, but, as we've seen in the past, Air Canada hasn't demonstrated any willingness to include francophones in its senior management over the past 45 years. What obviously happens is that this attitude trickles down through the organization.
These organizations have a lot of problems. Earlier you mentioned leadership. You rely on the good faith of those managers. Isn't that an error on the government's part?
The past is an indication of what the future holds, and we've seen what's been done.
Omar Alghabra LiberalMinister of Transport
Thank you, Mr. Chair.
Thank you for inviting me to meet with the committee today. This is the first time I have appeared in a committee in person. It is a privilege to be with you.
I'm pleased to be joined today, as the chair has mentioned, by the following representatives from Transport Canada: Serge Bijimine, assistant deputy minister, policy; Tamara Rudge, director general, surface transportation policy; and Colin Stacey, director general, air policy.
Mr. Chair, our official languages are at the heart of our country.
Our official languages are at the heart of our country, and French is at the heart of the Quebec nation.
That's why I'm pleased to be here today to speak about our government's commitment to protecting both official languages in the federally regulated transportation sector.
We believe that all Canadians deserve to be served in the official language of their choice by federally regulated businesses. In addition, we agree that employees of federally regulated private sector companies like CN Rail have a right to work in French.
Quebeckers must be able to work in French in Quebec.
In fact, as a former Crown corporation, CN's services are subject to the Official Languages Act.
For all of these reasons, we agree that the lack of francophone directors on CN Rail's board is unacceptable.
We have spoken with CN representatives and made it clear that we expect them to correct this lapse as soon as possible.
In fact, CN has agreed to address the situation during the next round of board appointments this year and has already begun searching for a francophone, Quebec-based board member.
In addition, we are working on modernizing the Official Languages Act to ensure that it reflects the current situation in Canada and promotes real equality between English and French.
Through Bill C-13, we're proposing changes to several provisions relating to private enterprises under the federal jurisdiction in Quebec and in other regions with a strong francophone presence. These changes would strengthen official language rights by making sure private companies in those regions provide French-language services to consumers, respect the language rights of their employees and promote the use of French in their workplaces.
The passage of Bill C‑13 will enhance the use of French and promote genuine equality between our two official languages.
Above all, these proposed changes would give the Commissioner of Official Languages new enforcement tools, including the ability to impose financial penalties.
The Commissioner of Official Languages will have more powers.
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Mr. Speaker, if they want to work with us, then they need to listen to us a little.
With their new Bill C-13, the Liberals are denying French's uniqueness in a sea of hundreds of millions of anglophones. They are preventing Quebec from applying the Charter of the French Language to all federally regulated businesses. They are not protecting French. They are protecting bilingualism, which is not at all at risk in Quebec, any more than English is. Bilingualism is doing so well that it is undermining French as the common language.
Does the minister realize that her bill does not protect French but instead encourages anglicization?