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

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

Madam Speaker, I thank my colleague, the Minister of Official Languages. I appreciate her openness, her intention and her drive.

Lately, situations have come up where we have felt that the federal government did not show official languages, especially French, the proper respect, and I got the impression that the minister was isolated and alone.

Can she confirm that she will be able to persuade her cabinet colleagues to move Bill C‑13 forward and give the Official Languages Act more teeth than its definition suggests? I think this bill is pretty wimpy. I would like it to pack much more of a punch.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, it is a privilege for me to rise today to begin the second reading debate on Bill C‑13, an act for the substantive equality of Canada's official languages.

I would first like to acknowledge that we are gathered on the traditional territory of the Algonquin Anishinabe.

Our two official languages and 70 indigenous languages are central to our identity. They are a core part of our lives and integral to our interactions in our families, at school, at work and in the community. They are the focal point of our diversity and the face we proudly show to the rest of the world.

As an Acadian, I understand the importance of being able to grow up, work and live in one's own language. I also understand the fragility of our official language minority communities. It is therefore with a deep sense of purpose that I carry out my responsibilities as Minister of Official Languages, and I am proud to rise in the House today to talk more about Bill C‑13.

Since its enactment in 1969, the Official Languages Act has helped shape a state where English and French play a central role not only in the public affairs of our country, but also in our lives. It has also provided francophone minority communities and anglophone minority communities in Quebec a powerful development tool. It has helped ensure that francophones can access federal government services in their language and given federal public servants the opportunity to work in the official language of their choice. It has helped francophone minority communities and anglophone communities in Quebec build strong institutions.

However, Canada and the world have changed over the past 50 years, and we understand that the Official Languages Act must be modernized and changes must be made to it. With Bill C-13, we are ensuring that the act responds to current linguistic realities and that it promotes substantive equality between English and French while contributing to the vitality of official language minority communities.

This bill is the fruit of several years of consultations with community stakeholders, provinces and territories, the Commissioner of Official Languages, the Standing Senate Committee on Official Languages and, of course, the House of Commons Standing Committee on Official Languages, whose members are here with us today. Throughout these consultations, we had a specific goal in mind, which was to ensure that the modernized bill reflected the reality of francophones living in Quebec, anglophones across the country, francophones living in minority communities, Acadians and even English-speaking Quebeckers. Thanks to a major team effort, we now have a bill with teeth.

However, one thing remained clear throughout our work on modernizing the act. The situation of French is worrisome. Whether we are talking about the predominance of English as an international language or about the fact that digital technologies, social media and streaming platforms far too often favour the use of English over French, one thing is becoming apparent. With eight million francophones in Canada in a sea of more than 360 million anglophones in North America, the protection of French is an issue that deserves close and immediate attention. At the same time, we must recognize the critical role that the federal government can and must play with respect to protecting official language minority communities. It is a duty that is especially important to me.

Bill C‑13 responds to the challenges that the French language is facing in North America and the challenges that official language minority communities are facing. It solidifies the vision proposed in the reform document and in Bill C‑32, which was introduced last June. Today I am very proud to introduce at second reading a stronger bill that rises to the challenges we are facing. It is a bill that, as I just said, has teeth.

First, the bill recognizes the linguistic realities of each province and territory. Our government collaborates with provincial and territorial governments that provide services in the minority language and promote the vitality of the official language minority communities. However, as a government, we must also make it a priority to work together with indigenous communities across the country to ensure that indigenous languages are preserved and protected. The modernized legislation would therefore explicitly state that it does not affect the strengthening and revitalization of indigenous languages.

We are the first government to recognize that French is in significant decline in the country and that we must make a concerted effort to reverse this trend. This is why we are proposing additional measures to protect and promote French across Canada, including in Quebec.

We will establish new rights to ensure that francophones can live in French and that they can work and be served in French in private-sector businesses under federal jurisdiction.

These new rights will be enshrined in a new act, the use of French in federally regulated private businesses act. These rights will apply in Quebec as well as in regions with a strong francophone presence, because our government recognizes that the private sector has a role to play in promoting our official languages and enhancing the vitality of official language minority communities.

We are going even further. We introduced a new bilingualism requirement for the Supreme Court of Canada to improve access to justice in both official languages.

We will strengthen the Treasury Board's role as a central agency to coordinate and enforce the Official Languages Act. In other words, we will replace the discretionary aspect of its monitoring, auditing and evaluating powers and make these powers mandatory.

We will also strengthen the powers of the Commissioner of Official Languages to provide him with more tools to do his job. He will be able to impose administrative monetary penalties on certain privatized entities and Crown corporations operating in the area of transportation serving the travelling public.

Our bill also includes important clarifications regarding part VII and federal institutions taking positive measures that will benefit official language minority communities. It will be mandatory to take into account potentially negative impacts that decisions could have on the vitality of the communities and on the promotion of both official languages.

In addition, we will also strengthen Canada's francophone immigration policy, which will include objectives, targets and indicators with the aim of increasing francophone immigration outside Quebec.

We are also increasing supports for official language minority communities in order to protect the institutions they have built.

I want to take a moment to reassure English-speaking Quebeckers that nothing in this bill takes away from the rights and protections they have. We will always continue to support the development of the English-speaking minority in Quebec.

In short, this modernized legislation will result in numerous benefits for communities across the country. The bill we are presenting today ensures that the Official Languages Act reflects the challenges of the 21st century.

In other words, more francophones will be able to work and live in French.

More anglophone parents would be able to send their children to immersion. More official language minority communities would be able to thrive. All Canadians would recognize themselves in this legislation, which would give our children and grandchildren a world of opportunity.

Our history has taught us that we could never take our linguistic duality for granted. With this bill, we are adapting to a world that is constantly changing. We are preparing for the challenges of today and preparing for the challenges of tomorrow.

We are embarking on a historic legislative process that will significantly advance Canada's linguistic framework. The implications for everyone in Canada are huge.

I know parliamentarians will examine Bill C‑13 very closely. That is excellent news. As parliamentarians, we all have a duty to ensure this country has the best possible bill and that it will have a positive impact on all Canadians.

I want to assure all of my colleagues on both sides of the House that I will be here to work with them throughout this process and when it comes time to implement this bill that will soon, I hope, become law.

Thank you. Meegwetch.

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

moved 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.

Madam Speaker, I would like to seek unanimous consent of the House to share my time with the President of the Treasury Board.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, tomorrow morning we will continue with second reading debate of Bill C-13, which would amend the Official Languages Act and enact the use of French in federally regulated private businesses act. On Monday we will have the fifth day of debate at report stage of Bill C-8, which is an act to implement certain provisions of the economic and fiscal update that was tabled in Parliament on December 14. Tuesday shall be an opposition day. Further, Wednesday we plan to start debate on Bill C-14, which concerns electoral representation in Quebec. We will continue debate on Bill C-13 and official languages on Thursday until 4 p.m., at which time the Deputy Prime Minister and Minister of Finance will be presenting the budget. Friday will be the first day of the budget debate.

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

Bill C-13 recommends that the government should set a francophone immigration target, but gives no further details.

Do you think there ought to be some guidelines for these targets?

Should we aim at returning the demographic weight of francophones in Canada to its 2001 level, the year when targets began to be introduced?

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

Commissioner,^x Mr. Handfield, who appeared before the committee, had a lot of trouble dealing with IRCC in Montreal. He had been told not to use French, even though it was a request from his client. He also underscored the fact that many of his clients tried to deal with immigration staff in French, but received answers in English.

Can you investigate that?

Previously, very little work was done on behalf of French in Quebec. That was because of the status of the two minorities.

Would Bill C-13 enable you to more readily investigate this situation in Quebec?

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Mr. Théberge. You answered the question. It's an important point, given that immigration is included in Bill C-13. Thank you very much for making sure that it will be possible to start the study as quickly as possible.

I'd like to return briefly to your recommendations on immigration, including the role of the provinces. You spoke earlier about the shared provincial and federal responsibilities. Ontario, for example has a program under which over 8,000 applicants are designated each year.

Do you have any specific recommendations to make? Are you working closely with the provinces?

As for the federal role, what recommendations do you think we should make to ensure that the provinces also contribute to increasing francophone immigration?

[Raymond Théberge]

I believe we need to get going as quickly as possible on a study of Bill C-13.

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Mr. Chair.

Thank you, Mr. Théberge, for being here with us once again. I believe this is the second time you've come in few weeks. It's always a pleasure to hear your recommendations.

Earlier, you were saying that Bill C-13 had more teeth and that there were provisions covering immigration.

Do you believe that it's important for the committee to study Bill C-13 as soon as possible, within the next few days, or do you think we can still wait for a few months?

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

Thank you, Commissioner.

Bill C-13 would give you more powers, but what about francophone immigration?

You now have additional authority to compel transportation sector organizations that provide services to travellers to comply with the act.

Allow me to cite a very specific case as an example. Regina's airport, which is required to comply with the Official Languages Act, asserts that every necessary effort has been made to find bilingual or francophone employees in order to comply with the act.

What will happen if there's no francophone immigration pool? How will you react?

What will you do as Commissioner if that airport accepts flights and proves that it has done everything it's required to do to comply with the act but is simply unable to attract francophones?

[Raymond Théberge]

It would be good to see that clarified in the regulations made under Bill C-13. It's also important to acknowledge that the situation is now urgent and we must take action to address the demographic decline of our communities. We have to establish somewhat stronger measures. In fact, I think we should have a francophone immigration policy focusing specifically on the development of our francophone minority communities.

We definitely need to expand the bill's current provisions and ensure accountability, probably on an annual basis.

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

Thank you, Commissioner.

You said that Bill C-13, which was introduced on March 1^st of this year, acknowledged the importance of immigration. You also noted that it contained a provision requiring the Department of Immigration, Refugees and Citizenship Canada, or IRCC, to adopt a policy including indicators.

It's good to see such a provision in the bill. However, apart from the obligation to establish a francophone immigration policy including objectives, targets and indicators, no mention is made of an obligation of result.

What's your opinion on that point?

[Raymond Théberge]

All right.

And I must stress here that it focuses solely on immigration as a factor influencing the demographic weight of Francophone minority communities. It does not include other important factors—like low birth rates, an aging population and interprovincial mobility, for example—which can also have various degrees of impact in different regions.

Our statistical analysis also deals with only one part of the immigration continuum: the selection and admission of French-speaking permanent residents. It does not address their integration into francophone minority communities or their retention within those communities.

Studies show that even if the 4.4% francophone immigration target had been consistently met each year since the original 2008 deadline, it would not have been enough to maintain the demographic weight of the French-speaking population outside Quebec, which was the goal, much less contribute to its growth, which was the ideal. According to the 2001 census, this population represented 4.4% of the Canadian population outside Quebec. If the target had been met, it could have helped reduce the decline we saw in the 2016 census, when the demographic weight dropped to 3.8%.

Today, almost 20 years after it was set, the target is still not being met. Between 2008, which was the original target deadline, and 2020, the shortfall in admissions of French-speaking permanent residents to francophone minority communities is upwards of 75,000.

Our study, like many others, noted that Francophone minority communities have been experiencing immigration deficits for decades. We’re already seeing the demographic impact.

There are also current and long-term repercussions on the economic, cultural and social aspects of community vitality. We’ve seen the impact of an aging population in many Francophone minority communities, where seniors are often older and more vulnerable than seniors in English-speaking majority communities. This is a worrisome effect of immigration deficits within Francophone minority communities.

Extending over more than 20 years—which is an entire generation—this trend of increasing deficits needs to be reversed right now in order to ensure the future of Canada’s Francophone communities outside Quebec.

Francophone minority communities across the country are keen to attract, welcome and support all newcomers.

It's time to do more and do better. In our study, I recommend that Immigration, Refugees and Citizenship Canada conduct a full analysis of the current target and its impact in order to help define a new, higher one.

I also call on the federal government to adopt a policy on immigration to francophone minority communities. I'm very pleased that the new version of the long-awaited bill to modernize the Official Languages Act has been tabled and is now a reality. Bill C-13 recognizes immigration as one of the factors that contribute to maintaining or increasing the demographic weight of French linguistic minority communities.

It also requires the Minister of Citizenship and Immigration to adopt a policy on francophone immigration, including objectives, targets and indicators to enhance the vitality of French linguistic minority communities in Canada.

Given the importance of immigration for Francophone minority communities, I will be studying the new obligations in Bill C-13 to make sure that they provide the best possible results for the communities.

Francophone immigration is still very much in the news. It’s reassuring to see numerous initiatives being organized across the country to support immigration to Francophone minority communities, and I sincerely hope that all of these efforts will yield results for these communities in their determination to grow and thrive.

Thank you for your attention.

I will be happy to answer your questions in the official language of your choice.

[Corinne Prince]

Here is what I wanted to say. The same bill, Bill C‑32, was tabled in the House of Commons in June 2021. From that time on, we at Immigration, Refugees and Citizenship Canada worked with our Canadian Heritage colleagues and people in the francophone community to enhance Bill C‑13, which was tabled in the House of Commons in February. We added a number of items to the provision on the francophone immigration policy. Specifically we added information about objectives, targets and indicators.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Okay. I wasn't sure.

In that case, you were talking about Bill C‑13, right?