Bill C-13 (Historical)

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

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I remind my colleague that our former government implemented two road maps. We were the first to invest more than $1.1 billion. This had never been done before.

Furthermore, we made education a priority in these road maps and allocated as much money as possible to this priority. We believed that education was the way to ensure that all Canadians who were interested had the opportunity to learn in French, and that this would improve our relations with francophone minority communities.

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

Mr. Speaker, despite this government legislation, history has shown that French has been declining in Canada since 1867. History has unfortunately taught us that we cannot trust the Liberals or the Conservatives when it comes to the French language.

Even the Government of Quebec has criticized some parts of the bill. This shows that Canada is incapable of meeting the existential aspirations of Quebec. To me, this is evidence of how federalism has failed. That is what Wilfrid Laurier said at the time. Although he was one of the founding fathers of this country, he said in a moment of clarity that Confederation would be the death of French in Canada.

Would my Conservative colleague also recognize, in a moment of clarity, that federalism is a failure because it is driving Quebec and French into an irreversible decline?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, we are witnessing a historic event, the modernization of the Official Languages Act. As parliamentarians, we should all take our time, even though the government seems to be rushing us and asking us to cut corners. Nevertheless, we truly intend to work with the government and work in committee stage by stage and line by line on this bill.

Very little has happened in the past 50 years to modernize the act, and we are not expecting to see much in the next 50 years. That is why we have to act now, this year, with this bill, to make sure that, for the next 50 years, the decline of French will be slowed, stopped and even reversed. That is why it is so important to do all the necessary work.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I am sorry. When I was in school in Edmonton, it was very hard to learn in French, so I hope the House will pardon my French skills.

However, like the member, I am proud that my children speak English and French. It worries me that the Government of Alberta does not seem supportive of the French language. How can the federal government do more to help the provinces?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I thank my colleague for that very interesting question.

One thing the government can do is prioritize francophone economic class immigration, especially in provinces like Alberta. There is currently a shortage of francophone teachers in Alberta, which means that not all Canadians who want to learn French can do so.

Making it easier for francophone teachers from around the world to become economic class immigrants would certainly help address the problem in Alberta and would have a positive impact.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, to continue the tradition, it is with great pleasure that I address the House in French today to speak to Bill C-13, which seeks to modernize the Official Languages Act. I think it is important to explain how an anglophone like me is now able to deliver her speech in French in the House of Commons.

I was really lucky. When I was young, my parents, who do not speak a word of French, decided to enrol me in French immersion schools. From kindergarten to university, I was educated in French. I was even able to complete my high school education in French immersion at Father Mercredi School in Fort McMurray. This gave me the opportunity to enrol at Campus Saint-Jean, which is the francophone campus of the University of Alberta and is affectionately called “la fac”. That is where I earned my political science degree.

I really had the opportunity to immerse myself in the Franco-Albertan culture and heritage. Because of this background, I consider myself a francophone, a francophone by choice, not by chance, but a francophone nonetheless. I am part of the growing francophone population in Alberta.

It is an interesting fact that French was the first European language spoken in Alberta. The coureurs des bois were the first people to speak French in Alberta in the 17th century. There are francophone communities all over Alberta. Several places in the province have French names, including Miette, Plamondon, Grande Cache and Lac La Biche.

According to Statistics Canada, Alberta's francophone population is growing: 25% of Franco‑Albertans were born in Alberta, 24% were born abroad and 50% come from the rest of Canada. Francophones are coming in from Canada and abroad, and that gives our francophonie immense vitality and vibrancy.

It is worth noting that Alberta also welcomes more francophone immigrants than the national average, namely 10.3% of the immigrant population, according to Statistics Canada. I am sharing these facts to demonstrate how vibrant and strong the francophonie is in Alberta.

The federal government must rise to the challenge of collaborating with its provincial and territorial counterparts to ensure adequate basic funding that is permanent, predictable and indexed to the cost of living. Since the francophone population is growing, it is very important to provide services in French. We need meaningful action to support francophones outside Quebec, such as Franco‑Albertans.

Those who were counting on legislation with teeth that would result in substantial gains with respect to protecting and promoting French in this country are certainly disappointed by the half measures proposed in this bill.

Sheila Risbud, the president of the Association canadienne-française de l'Alberta and spokesperson for the francophonie, said:

However, there is still work to be done because our communities want the bill to include the designation of the Treasury Board as the sole central agency responsible for coordinating and implementing the act, an obligation to negotiate binding language clauses in agreements with and transfers to the provinces and territories, and clarification concerning the objective of a francophone immigration policy.

It is clear that the Minister of Official Languages still has work to do before she can say, “Mission accomplished”. I note that Bill C‑13 takes a big step backwards compared to the reform document tabled by the former minister of official languages, which died on the Order Paper as a result of the 2021 election.

Bill C-32, introduced by the former minister, recognized an asymmetry between the status of French and the status of English in Canada, but this concept is not included in the new bill. In order for the reform of the Official Languages Act to ensure the future of the French language in Canada, it is vital that it reflect the current linguistic situation and that it not pretend that the two official languages are on an equal footing.

Fifty years after the implementation of the Official Languages Act, our world has changed a lot. Francophones are immigrating from Africa and many other countries. The francophonie is thriving.

We know that bilingualism has some real, tangible benefits, including economic benefits. The Conference Board of Canada released a report that clearly showed that bilingualism is deeply rooted in the Canadian identity and is an effective economic tool. Bilingualism allows for more diverse trade relationships and increased imports and exports.

It is important to note that meaningful measures are needed. We should start by asking why there is no central agency responsible for overseeing and providing horizontal coordination for the act. Instead, there are four bodies responsible for this under the act: Canadian Heritage, the Treasury Board Secretariat, the Office of the Commissioner of Official Languages, and the Minister of Official Languages.

The Conservatives believe that the Treasury Board should definitely be the central repository of all powers for enforcing and issuing directives under the Official Languages Act as a whole. As it stands, the powers are split and several departments are being forced to share the tool box. Some departments wind up taking the blame for another department's failure to fulfill its obligations.

In addition, the reform of the Official Languages Act does not do enough to meet the needs of minority francophones, including Franco-Albertans. If the government truly wants to support minority francophones, it needs to support French schools.

As a proud francophone who served as parliamentary secretary for the Francophonie when I was a member of the Alberta legislature, I witnessed the vitality and viability of the French language first-hand.

I am worried about francophones in minority settings who lack support, and I urge the Minister of Official Languages to adopt a fresh, collaborative approach based on feedback from national and provincial organizations to help francophone communities from coast to coast to coast thrive.

[Darrell Samson, Liberal, Parliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence]

Madam Speaker, I certainly want to thank my colleague for her speech and her French. She even named francophone schools, communities and regions. That is very impressive. I thank her for sharing all that information.

If we take a close look at Bill C‑13, I do think we can see that it is a big improvement over Bill C‑32 in many ways, especially when it comes to the positive measures we need to see. These are concrete actions on the ground.

I also think that Treasury Board, despite being very busy, is the machine responsible for enforcing laws. That will really strengthen this act.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, I did not really hear a question, so I will take this opportunity to share some facts about Alberta's francophonie.

Alberta has over 268,000 French-speaking Albertans. Since 1996, enrolment in French schools has risen by more than 270%. That is a significant increase and significant growth.

We need a modernized act that will support francophones in minority settings, but this bill does not go far enough.

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

Madam Speaker, I really appreciated the quality of my Conservative colleague's French and her cheerfulness.

I found her speech to be interesting. However, the figures speak for themselves. What the figures show us is that French in Canada is declining every year and with every census. They also show us that if there is an increase in bilingualism in Canada, it is because bilingualism is increasing in Quebec but decreasing in the rest of Canada. This further demonstrates the extent of this decline.

In light of this information, does my colleague not see that Quebec is justified in wanting more power with respect to the French language? Should we not do more?

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, frankly, without bilingualism, I would not be here addressing the House in French.

I believe that it is truly an asset for Alberta's francophonie to have francophones who are bilingual. It is an asset to have people like me who are anglophones who learned French at school.

I believe that the Official Languages Act needs to recognize the fact that people who chose to learn French, do their studies in French and live in French are an asset to this country.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, I congratulate my colleague on her excellent French. It is a testament to what is possible right across Canada.

Could my colleague say a few words about the Liberal government's failure with respect to francophone immigration?

Since 2015, 2.5 million immigrants have entered Canada. Of that number, only a small fraction, in the tens of thousands, are francophones.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, I mentioned in my speech how Alberta attracts immigrants.

I believe it is very important that we do more to encourage francophone immigration. It could be a solution to the French teacher shortage in our country.

I do not believe that the federal government is doing enough to support francophone immigration and to encourage francophone immigrants to move to Canada.

[Marie-France Lalonde, Liberal, Parliamentary Secretary to the Minister of Immigration]

Madam Speaker, I will be sharing my speaking time.

I am so very pleased to speak in favour of Bill C‑13 today.

Immigration, Refugees and Citizenship Canada is always looking for innovative ways to let people know what is so great about living in Canada and to attract newcomers. Our mission includes ongoing dedicated outreach to francophone immigrants.

As founding members of our nation, we francophones have made a fundamental contribution to building our country. The importance of the French language to Canada's culture and history is undeniable. In Quebec and in francophone communities in the rest of Canada, the strength, richness and vitality of the French language are a tremendous source of pride. Because of Canada's unique bilingual nature, we want to do everything we can to attract people who can integrate into our francophone communities in large numbers, not only in Quebec, but across the country.

The Government of Canada recognizes that immigration helps us meet labour market needs in critical areas such as health care, education, entrepreneurship and agriculture. However, immigration also plays an important role in building and maintaining the diversity of Canadian communities. Because of this reality, francophone immigration remains a top priority for the Canadian immigration system.

Our government continues to support Quebec in its innovative ways of using immigration to address the province's labour shortages, while supporting the French language and Quebec's distinctive francophone identity. The same is true for the many vibrant francophone communities across Canada. The French language has deep roots in many Canadian communities, whether it be the community of Maillardville in Coquitlam, British Columbia; the many French communities in Ontario, including the one I represent, Orléans; the Port au Port Peninsula in Newfoundland; the Franco-Yukoners in Whitehorse; or the many Acadian communities in Nova Scotia.

The government recognizes that immigration plays an important role in supporting francophone minority communities across the country. In 2019, Immigration, Refugees and Citizenship Canada announced a francophone immigration strategy, which includes a target of 4.4% francophone immigration admissions outside Quebec by 2023.

Our government has brought in many initiatives to reach that target, including awarding more points to French-speaking and bilingual candidates under the express entry program. In 2021, the department introduced a temporary resident to permanent resident pathway for essential workers and recent international graduates from Canadian institutions who were already in Canada. We included unlimited dedicated temporary streams for French-speaking and bilingual applicants.

The francophone immigration strategy is already showing promise. In 2020, French-speaking admissions represented 3.6% of all immigrants admitted to Canada outside Quebec, an increase over the 2.8% from the previous year. What is more, Immigration, Refugees and Citizenship Canada is working to support the government's commitment to the modernized Official Languages Act. We see this legislation as a step forward, because we clearly recognize the importance of immigration in enhancing the vitality of Canada's francophone communities.

One of the primary measures is the requirement to adopt a francophone immigration policy with objectives, targets and indicators. The legislation will also include a recognition that immigration is one of the factors that can contribute to maintaining or increasing the demographic weight of francophone communities.

Naturally, once newcomers arrive in Canada, there is still a lot of work to do to get them settled. In 2019 and 2020, we launched the francophone integration pathway, which was designed to support French-speaking newcomers from pre-arrival to citizenship. More specifically, the pathway ensures that all newcomers, regardless of their linguistic background, are made aware of the services on offer throughout the settlement and integration process. Almost 80 francophone service providers outside Quebec receive funding from Immigration, Refugees, and Citizenship Canada.

The government will continue its efforts to develop the francophone integration pathway so that French-speaking newcomers are informed of opportunities to settle in French in Canada and are able to receive high-quality settlement services from francophone organizations.

Bill C-13 seeks in part to enhance the vitality of francophone minority communities in Canada. In that regard, I want to point out that language training is an important and integral part of the francophone integration pathway, which was developed jointly with francophone communities across the country. Our objective is to give all newcomers the opportunity to settle and thrive in French and to make a positive contribution to Canadian society.

[The Assistant Deputy Speaker, Carol Hughes]

The time provided for debate on this bill today has expired. The hon. member will have four minutes remaining when this matter returns before the House.

It being 5:43 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from April 6 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.