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

[Arielle Kayabaga, Liberal, London West, ON]

Madam Speaker, I rise this evening to talk about our official languages and Bill C‑13, which proposes a long-awaited reform of our language framework.

As a francophone from southwestern Ontario, I am proud to be able to rise in the House of Commons to speak to this bill, which would support the modernization of the Official Languages Act in Canada.

We need to talk about the compliance of federal institutions that drive our language framework. Many Canadians complained to the Commissioner of Official Languages over the past few years. They asked that we ensure that the necessary work is done to support the institutions so that they can do a better job on official languages. It is time for the Commissioner of Official Languages of Canada to have a level of authority comparable to that of his counterparts, including the Information Commissioner.

If the bill passes, the daily work of the official languages commissioner will not change drastically. However, he will still be responsible for processing complaints from citizens and federal officials who are having difficulty working in the public service, getting services from a department or communicating with federal institutions in the official language of their choice.

Right from the start, the commissioner will have a wide range of powers, including more enforcement powers for dealing with federal institutions that already fall under the Official Languages Act. The commissioner will be able to enter into compliance agreements with federal institutions, detailing the exact conditions they have to comply with to rectify the contravention. The commissioner will also have the authority to oversee the implementation of the compliance agreement and to assist federal institutions in honouring it. In short, the bill provides for a continuum of powers to reinforce the authority of the Commissioner of Official Languages.

My second point is based on francophone immigration to Canada, which can undoubtedly respond to the concerns expressed earlier by our friends from the Bloc Québécois. The new version of the bill includes more support for francophone immigration outside Quebec.

Before I get into that, I want to say that francophone communities outside Quebec are at the core of what we are doing. This vast enterprise started in 2019 with a large-scale review process aimed at modernizing the Official Languages Act. During that review, the government of Canada consulted Canadians through events organized in every province and territory. Afterwards, we published a white paper that clearly showed Canadians what the intentions behind the reform were.

In June 2021, we introduced the first version of this bill, which described in detail the proposed changes to the Official Languages Act. I understand that francophone minority communities have concerns about wanting to see an increase in francophone immigration to their communities. This bill will make that possible. We will be able to respond to the concerns of francophones in minority communities. We know that waves of immigration have continued to enrich Canada throughout our history.

Immigration is a major tool for economic, social and cultural development, and we are at a point in our history where we are relying more than ever on immigration, even though the pandemic has complicated matters.

We heard those Canadians calling for more francophone immigration outside Quebec. We have a duty to support the demographic weight of these communities.

I want to make a clarification. Francophone immigration has the potential to support the demographic weight of these minority communities, but francophone immigration alone cannot protect the demographic weight of these communities. There are other factors that come into play here, such as interprovincial and intraprovincial movements, births and many other factors. Furthermore, the provinces and territories also have a role to play in ensuring that these communities continue to grow and flourish in the future.

In short, support for immigration outside Quebec is an incredible boost for the vitality of francophone minority communities like mine, which is located in London, Ontario. That is why we are proposing targeted measures when it comes to francophone immigration.

We are proposing a reform of the provisions relating to francophone immigration outside Quebec. The bill proposes changing the Minister of Immigration, Refugees and Citizenship's obligation to adopt a policy on francophone immigration, which my colleague on the other side of the House criticized earlier. I know that is something we all care about. From now on the Official Languages Act will be clear in that regard. This policy will contain specific elements and have clearer objectives. It will set out more specific targets.

What is more, the legislation will recognize that immigration is one factor that can help maintain or increase the demographic weight of francophone minorities in Canada. We are talking here about a policy directed solely at francophone minority communities, because Quebec already has a special agreement with Canada with regard to the selection of immigrants. We will have other opportunities to talk about our commitment to supporting the francophonie throughout Canada, including Quebec.

However, amending the Official Languages Act will probably not suffice. That is why we have made a commitment to introduce administrative measures to support francophone immigration in communities outside Quebec. I invite members of the House to follow the work we are doing in advance of the next action plan for official languages. This strategic document will contain the government's priorities and the means to achieve them. We plan on including the issue of francophone immigration.

All these initiatives will converge on a shared ideal, that of fostering the substantive equality of French and English in Canada. Federal institutions will be better equipped to take into consideration the needs of our official language minority communities. They will have better guidance for developing positive measures in the interest of these communities. The Minister of Immigration, Refugees and Citizenship will be required to use this policy on francophone immigration as a tool for demographic development in support of minority communities.

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

Madam Speaker, it is a pleasure working with the member on the immigration committee. I note that she focused a substantial portion of her remarks on this bill, as did I, on the issue of francophone immigration.

This bill includes another aspirational statement. It asks the minister to put forward a policy. Of course, there is nothing preventing the minister from putting forward a policy as it is on francophone immigration. Effectively, we have the government, through this legislation, asking itself to put in place a policy, and there is nothing wrong with that as such.

We have a bit of a sense already of what the challenges are with respect to francophone immigration. The member knows, from having listened to the witnesses, issues around backlogs, concerns about racism and high refusal rates, especially from francophone Africa.

How is the government going to tackle those issues that, up until now, have not been tackled? We have not met our target. Does she think the statement in this bill is actually going to change what the government does in this respect?

[Arielle Kayabaga, Liberal, London West, ON]

Madam Speaker, I sincerely thank my colleague, who sits with me on the Standing Committee on Citizenship and Immigration.

I know he was there during today's committee meeting when the minister announced that we would be opening two more visa offices in Africa. My colleague knows that we are making a lot of progress.

Unfortunately, I have to contradict him when he says that we are not doing much. Francophone immigration keeps increasing in places like Moncton. I know that it is easier to complain from the other side of the House.

Since he was at today's committee meeting, my colleague heard that we continue to increase francophone immigration and to open visa offices throughout Africa to help manage applications from francophone immigrants.

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

Madam Speaker, I want to come back to francophone immigration and temporary permits for African students, who face an incredibly high rejection rate when we have missed our francophone immigration targets for the last 20 years or so.

Does the member not think that it would be a good idea to amend Bill C-13 to include binding targets and an obligation to produce results?

[Arielle Kayabaga, Liberal, London West, ON]

Madam Speaker, I really appreciate that question from my colleague, who is also a member of the Standing Committee on Official Languages.

As I just said in my speech on Bill C‑13, we want this policy to help the Minister of Immigration, Refugees and Citizenship build on efforts to increase francophone immigration to Canada.

Today he announced that we will continue to work on this. Let us not forget that, when the Conservatives were in power, they closed many of our diplomatic missions in Africa. We cannot do more if we have fewer missions and fewer visa offices. Right now, we are trying to make up for the work they did not do so we can continue to grow francophone immigration.

I deeply appreciate your work on francophone immigration, specifically francophone immigration in Africa.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I have to remind the member that she must address her questions and comments directly to the Chair, not directly to members.

The hon. member for Cowichan—Malahat—Langford.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I am sorry to sound like a broken record, but this is on the same subject. This section of Bill C-13 reminds me of the government's Bill C-5, where it used a declaration of principles rather than doing the heavy lifting of amending the Controlled Drugs and Substances Act.

This talks about setting objectives, targets and indicators. There is no catch-up target and no clearly stated objective. Francophone communities outside of Quebec have been let down for a couple of decades.

Would my hon. colleague not agree with me that having some specificity in this bill would give those communities some certainty and hold the minister to account, rather than giving a wide swath of interpretation as the bill is currently written?

[Arielle Kayabaga, Liberal, London West, ON]

Madam Speaker, I think the bill is pretty specific.

We are talking about francophone immigration outside Quebec and asking the Minister of Immigration, Refugees and Citizenship to work with everybody to make sure that francophone immigration continues to increase in Canada and Quebec.

I do not think it is true that we have no targets and no specific measures. I just mentioned some of them. I would encourage my colleague opposite to read the bill.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, even though we are discussing a government bill to amend the Official Languages Act, I do not think my colleagues, or the interpreters for that matter, would like to hear me using this time to practice my French, so forgive me if I spend the entire 10 minutes here with members today speaking in English. I will save that for another day.

When discussing our two official languages in Canada, it is important to first acknowledge the role each of them has had to play in our history, and they continue to actively shape our national culture. This is not only true for Quebec in the past, the present or, quite frankly, the future, as we go forward from here tonight.

There is a lot of French heritage across the entire country. To this day, we will find francophone communities in the Atlantic provinces, in Ontario, in Manitoba and even across western Canada. In fact, right in my riding of Cypress Hills—Grasslands, we have several distinctly francophone communities, and I am going to spend a few minutes tonight talking about those communities, if members will indulge me.

I will start with the great community of Gravelbourg in my riding. It has a great Catholic heritage with the Church of St. Philomena, which became the Cathedral of St. Philomena on July 27, 1930. It was later renamed Our Lady of the Assumption Cathedral in 1965. The construction began in 1918, and the Most Reverend O.E. Mathieu, Archbishop of Regina, presided at the blessing ceremony on November 5, 1919. The architect, however, and this is important to know for the context of the speech here tonight, was the one and only J.E. Fortin of Montreal.

On December 14, 1918, le Collège catholique de Gravelbourg opened its doors to its first students. This college is the oldest institution that still operates in Gravelbourg. In 1976, the Oblates of Mary Immaculate handed over the direction of the college to the francophonie of Saskatchewan.

This college has been a very important piece in my life. I played many volleyball matches at Collège Mathieu when I was growing up in the great community of Frontier. We travelled there multiple times to play. It is a great, beautiful school right in the middle of the Prairies, and pays a great homage to the French heritage that belongs to the community of Gravelbourg. The people are very proud of that community, and as a representative for the area, I, for one, am very proud of the great heritage that is represented there.

I also want to point out the great community of Lafleche, Saskatchewan. Lafleche is named after Louis-François Richer Laflèche, a Roman Catholic missionary to Rupert’s Land from 1844 to 1856, who also happened to be the bishop of Trois-Rivières, Quebec, from 1867 to 1898.

Members may be starting to sense a theme here of the great French heritage imported through the Catholic church from Quebec into Saskatchewan. However, there is one more community I want to talk about here tonight. There are more than three great communities, but I am going to focus on these three here tonight, because we have a limited amount of time in this debate.

The third one is the great community of Ponteix, Saskatchewan, and I just want to go over the history of it. The Paroisse Notre Dame D'Auvergne Parish was born of Father Albert-Marie Royer's dream of founding a parish that he would dedicate to the Virgin Mary. In 1907, after having studied the nature of the soil on several occasions, Father Royer made his choice on the land that runs along the Notukeu Creek in Saskatchewan, which seemed promising to him. It was a land without wood, but very fertile and easy to cultivate.

I would be remiss if I did not mention that this land also happens to fall within the Palliser Triangle, which was deemed not to be suitable for mankind to live within, yet here we are today. We have many great communities that live in within the Palliser Triangle. They happen to be feeding the world, not just Canada, and doing a great job of it.

It is also important to keep in mind something that I am sure most parties will agree with in this place. The French language, with its history and future in Canada, is much bigger than the Liberal Party, or any other political party for that matter, including the Bloc Québécois. There have already been, and there still are, Conservatives and members of many other parties who have participated in its history and supported its growth.

Besides transcending political parties and partisan interests, French Canada is also something that is much bigger than what governments try to do. That is why we have to make sure that the issue of official languages is handled in a careful way that gets the right balance, which is also why a member from Saskatchewan would be willing to speak to this important bill here tonight.

I will turn now to a general concern, which has already been raised by other members, including the great member for Portneuf—Jacques-Cartier in Quebec, who also serves as our Conservative shadow minister of official languages. It has to do with the minister and the department of heritage. There are some technical questions with how they should be involved with the implementation of these proposed changes. Along with those points, I want to bring up some broader context. There has been some confusion expressed and feedback, not only from the opposition, but also from other parts of society as well. The Fédération des communautés francophones et acadienne du Canada was quoted on Radio Canada saying that they also have to wonder about the fact that the Department of Canadian Heritage retains a coordinating role in the implementation of the law when it has no authority over other federal institutions.

Ultimately, this minority Parliament needs to hold the federal government accountable. We need to make sure that any power we give to them is used responsibly for the good of Canadian francophones and that it will not somehow be used by the Liberals to promote their own partisan interests and political gain.

As always, I also want to make sure that we never miss the rural perspective on this issue. Our policy for official languages does not just impact a single region in the country, and I hope the experience of francophones who live outside of Quebec's biggest cities is considered.

Here is something that I came across in the summary of Bill C-13, which reads:

(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.

I find it interesting that this bill would allow for fines to be levied against a private business or a Crown corporation for not adhering to the act, up to a maximum of $25,000. I know that this is all in response to the pressure that the government is facing for Air Canada hiring an anglophone executive, and that would be a $25,000 fine for a corporation that is responsible for bringing in millions and millions of dollars of profit, but I wonder about the far-reaching consequences of having a knee-jerk reaction to this decision.

For example, I wonder if we were to go back through history, does that mean that, when it was still a federal program, it would have excluded or fined a PFRA pasture rider for simply not being bilingual. I also wonder about other federally regulated businesses in my riding.

What about, for example, Farm Credit Canada, which provides crucial financial services to farmers and ranchers? Over the last two years, we have heard many, many people talk about the impacts Farm Credit Canada has had on their farms. What is this act going to mean for people who do business in a very important industry such as agriculture? What is this legislation going to mean for a business like Farm Credit Canada? What about grain elevators and inland terminals, which happen to be federally regulated, that are responsible for the contracting and shipping of commodities to the coasts for processing or export to the world markets?

[The Assistant Deputy Speaker, NDP, Carol Hughes]

We are out of time.

Questions and comments, the hon. parliamentary secretary.

[Rachel Bendayan, Liberal, Parliamentary Secretary to the Minister of Tourism and Associate Minister of Finance]

Madam Speaker, I can only agree with my colleague, who stated that all members of the House are entitled to be proud of our French language. I hope that he will try to say a few words in French the next time he gives a speech.

I would like to know what the Conservatives are actually proposing as an amendment. It is almost 11 p.m. on a Thursday evening. I was in the House when the Conservatives proposed referring the bill to a committee, but so far I have not heard any concrete proposals for improving this bill.

Can the member talk about his party's concrete suggestions so we can learn how to improve this bill, if he wishes?

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, in my riding of Cypress Hills—Grasslands, we have three very distinct francophone communities. In my speech, I was talking about the fact that there is the possibility that businesses beyond Air Canada or Canadian National might be fined based on the wording within this bill. That is something I find concerning because there are many federally regulated industries in my riding.

My hope is that we can send this bill to committee, where hopefully, because the bill is very broad, we can find a very refined approach to make sure that shoreline railways, for example, will not be unfairly punished by this bill because they are federally regulated. We are clearly trying to target specific companies, such as Air Canada and CN, for having anglophone executives or boards, as we have heard in the House previously before this debate tonight.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, I thank my colleague for his speech.

He spoke about his riding and a town called Gravelbourg. My butcher told me that members of his family established that town a long time ago. He remains in contact with his family who lives there. It is a small world.

French is declining, especially in Quebec. To better protect French, Quebec is asking that Bill 101 apply to federally regulated businesses in Quebec. Does my colleague agree with that?

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, being a member from Saskatchewan, I do not think it would be appropriate for me to comment on things that are happening in the province of Quebec. I do not think we want people from Saskatchewan telling Quebec what it should be doing within its own jurisdiction, so I will leave making comments about Quebec to the members from Quebec because I think that is more appropriate.

In the community of Gravelbourg, we have many great francophone businesses. For example, there is a bookstore there that is distinctly francophone. If people want to purchase a great piece of French literature, they can go there and purchase it. I have gone through that business myself. It is a great business. It has a lot of great literature that promotes the French language in Saskatchewan.

In Saskatchewan, there are many communities and businesses where the French language is not just surviving but thriving. They are doing a great job of promoting the culture that has enabled communities to be tied to Quebec. They are not just purely of Catholic heritage; they are part of the grand scheme of things. Gravelbourg, Lafleche, Ponteix and many of the other communities in my riding are doing a great job of preserving the French language and French heritage—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I am sorry, but I have to allow for one more brief question.

The hon. member for Skeena—Bulkley Valley.