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 .

Government Business No. 31—Proceedings on Bill C-50

[Marc Serré, Liberal, Parliamentary Secretary to the Minister of Energy and Natural Resources and to the Minister of Official Languages]

Madam Speaker, I would like to thank my colleague for the hard work she did on the Standing Committee on Natural Resources to introduce an important bill in the House and invite witnesses.

I will ask my question in French because I know that the Conservatives have a tough time with French. They did the same thing during our consideration of Bill C‑13. Two anglophone members from western Canada called bilingualism into question.

Earlier, we heard someone say that the unions did not come give evidence before the committee and were forced to hold press conferences instead because the Conservatives are blocking discussions in committee. The Conservative Party is against Stellantis jobs, against Northvolt jobs and against this bill.

What is going on with the Conservatives?

Canadian Radio-television and Telecommunications Commission Act

[Helena Jaczek, Liberal, Markham—Stouffville, ON]

Madam Speaker, on September 19, Bill C-354, an act to amend the Canadian Radio-television and Telecommunications Commission Act regarding the cultural specificity of Quebec and the Francophonie was tabled and read for the first time. From the outset, I would like to thank the member for La Pointe-de-l'Île for giving me the opportunity to reiterate our government's commitment to supporting the French language.

Bill C-354 aims to amend the Canadian Radio-television and Telecommunications Commission Act, and this is closely tied to the government's ongoing work to ensure a broadcasting system in Canada that reflects the evolution of our digital world and in which all Canadians, including Quebeckers and members of the Canadian Francophonie, see themselves represented. In fact, closely linked is an understatement. The government's efforts have already been going very much in the same direction as the objective of this bill.

On February 2, 2022, our government introduced Bill C-11, aimed at reforming the Broadcasting Act so that Canadian laws reflect the evolution of our digital world. The latter aimed to clarify that online broadcasting services fall under the act, to ensure that the CRTC has the appropriate tools, to encourage greater diversity and inclusion in the broadcasting sector and to better reflect Canadian society.

The legislative process surrounding Bill C-11 took a very long time. Indeed, one year to the day passed between the initial tabling of the bill in the House and its adoption at third reading by the Senate. Both the Standing Committee on Canadian Heritage and the Standing Senate Committee on Transport and Communications spent many hours dissecting, analyzing, hearing from witnesses and refining Bill C-11. During the same legislative process, several modifications were made to Bill C-11 to strengthen the commitment to the French language and official language minority communities.

The Broadcasting Act, as recently amended, put in place new guarantees to ensure continued support for the production and broadcast of original French-language productions, the majority of which are produced in the province of Quebec. What is more, the CRTC is required to interpret the Broadcasting Act in a manner that respects the Government of Canada's commitment to promoting the vitality of Canada's French-speaking and English-speaking minorities and supporting their development. Added to this is the fact that the act provides that regulations must take into account regional concerns and needs. It should also be noted that the government is already actively consulting the provinces and territories, particularly when it comes to broadcasting.

At each stage of the process surrounding the implementation of the Online Streaming Act, the provinces and territories were consulted. In particular, the government consulted its provincial and territorial counterparts as part of the consultations related to the decree of instructions proposed to the CRTC concerning the implementation of the law.

The final decree also contains various instructions to support the official languages of Canada and official language minority communities. The decree recognizes, among other things, the minority nature of the French language in Canada and North America and the fact that the broadcasting system should promote the development of Canada's official language minority communities and promote full recognition and use of French and English in Canadian society. A section was even added to the final version of the decree to support the creation and availability of programming in French.

In addition, for its part, the CRTC has published a road map describing the main stages of the implementation of the act and is already actively consulting the public. It should be noted that as an administrative tribunal, the CRTC already holds in-depth consultations before making decisions under the rules of practice and procedure that it adopted in order to respect the principles of procedural fairness and of natural justice incumbent upon it. Provinces and territories have the opportunity to participate in CRTC consultations. To this end, the provinces and territories, including Quebec, can already present observations to the CRTC on issues of provincial interest during hearings and consultations.

It is important to specify that the Government of Quebec has the right and already uses its right to intervene in the CRTC's consultative processes. The Broadcasting Act provides for three forms of consultation, depending on the decisions it is considering. They are, in no particular order, one, with official language minority communities on any decision likely to have a detrimental effect on them; two, with CBC/Radio-Canada on its conditions of services; and three, with any interested party for decisions regarding conditions of services. The latter is an open consultation, where provinces and territories and, in fact, any interested intervenor can put forward their opinions and concerns.

In other words, the addition of the consultation obligation provided for by Bill C-354 could raise concerns that are being addressed in the course of the work of the CRTC and under the requirements of the Broadcasting Act. An obligation for the CRTC to consult elected provincial governments could also have an impact on public confidence and the independence of the CRTC. It is important that we are all mindful of not just the independence of the CRTC but the importance of that independence.

As outlined, “The CRTC is an administrative tribunal that regulates and supervises broadcasting and telecommunications in the public interest. [It is] dedicated to ensuring that Canadians have access to a world-class communication system that promotes innovation and enriches [the] lives [of Canadians].”

Further to this, under the section of the CRTC's own website entitled “We listen and collaborate”, it states that, in order to “fulfill [its] mandate, [it] must understand the needs and interests of Canadians who make use of broadcasting and telecommunications services.”

In conclusion, the government supports and will continue to support the French language. The Online Streaming Act and the act to amend the Official Languages Act are concrete examples of our commitment to the French language. Once more, the government regularly consults the provinces and territories, including Quebec.

The minister has consulted her counterparts on numerous occasions when it comes to regulating the broadcasting sector. The government will welcome any questions from members regarding Bill C-354 as the debate on this legislation continues.

Ways and Means Motion No. 19

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the second point of order is a little more detailed.

I rise to respond to a point of order raised on Tuesday, November 28, by the member for Regina—Qu'Appelle respecting the inadmissibility of the notice of Ways and Means Motion No. 19 and two items of Private Members' Business.

The crux of the argument by the member opposite is on the principle of a bill at second reading stage. This is the heart of the argument. I would humbly point to the purpose of the second reading debate and the vote at that stage, which is on the principle of the bill.

Before I get into the specific matters involved in the member's argument, I would like to remind my colleagues across the aisle of what a debate and vote on the principle of a bill entails.

Members of the House know that our Standing Orders and practices derive from those of Westminster. If a member would like to look into how debates at Westminster are handled at the second reading stage, they might be surprised. The British House of Commons has 650 members, yet the debate on any government bill at the second reading stage very rarely exceeds one sitting day.

Now I will go to the specific argument raised by my colleague across the way. The two bills in question that are subject to certain provisions containing Ways and Means Motion No. 19 are Bill C-318, an act to amend the Employment Insurance Act, and Bill C-323, an act to amend the Excise Tax Act (mental health services).

With respect to the first item, Bill C-318 requires a royal recommendation which would govern the entire scheme of a new employment insurance benefit for adoptive parents. As a result, the bill cannot come to a vote at third reading in the absence of a royal recommendation provided by a minister of the Crown.

The bill was drafted by employees of the law clerk's office who would have notified the sponsor of this requirement. While I would not want to speculate on the intentions of the member who sponsored this bill, there is little doubt that the member knew this bill would not pass without royal recommendation.

As a result of a ministerial mandate commitment to bring forward an employment insurance benefit for adoptive parents with an accompanying royal recommendation, the government has brought forward this measure for consideration of the House in a manner that raises no procedural obstacle to providing this important benefit for Canadians. It is the sole prerogative of the executive to authorize new and distinct spending from the consolidated revenue fund, and that is what is proposed in the bill that would implement the measures contained in Ways and Means Motion No. 19.

Now I will go to the point of a similar question. The example my colleague raised with respect to the Speaker's ruling on February 18, 2021, concerns Bill C-13 and Bill C-218 respecting single sports betting. Both bills contain the same principle, that being to allow certain forms of single sports betting. The approaches contained in Bill C-13 and Bill C-218 were slightly different, but achieved the same purpose. As a result, and rightly so, the Speaker ruled that the bills were substantially similar and ruled that Bill C-13 not be proceeded with.

The situation with Bill C-13 and Bill C-218 bears no resemblance to the situation currently before the House, and the member opposite has been again helpful in making my argument. The member cites the situation with Bill C-19 and Bill C-250 concerning Holocaust denial.

The case with this situation, and the case currently before the House, is instructional for the question faced by the Speaker, which is whether the principle of the questions on the second reading of Bill C-318 and Bill C-323, and the question on Ways and Means Motion No. 19, are the same.

The answer is categorically no. The question on both Ways and Means Motion No. 19 and the question should Ways and Means Motion No. 19 be adopted on the implementing of a bill are vastly different. The questions at second reading on Bill C-318 and Bill C-323 are specific questions on the principle of measures contained in those private members' bills.

The question on Ways and Means Motion No. 19 and the question at second reading on the bill to implement those measures is much broader. As the member stated in his intervention yesterday, Ways and Means Motion No. 19 contains many measures announced in the 2023 budget as well as in the fall economic statement. While the measures to implement the fall economic statement are thematically linked to the issue of affordability, they contain many measures to address the affordability challenges facing Canadians. As a result, the question at second reading on implementing legislation is a very different question for the House to consider.

In conclusion, while there have been precedents respecting similar questions on similar bills which propose a scheme for a specific issue, namely Bill C-13 and Bill C-218, this and other precedents do not in any way suggest that the questions at second reading on Bill C-323 and Bill C-318 in any way resemble the question on Ways and Means Motion No. 19 and the question at second reading on the implementing bill for the measures contained in the 2023 budget and the fall economic statement.

[Anita Anand]

Thank you for the question.

It is fundamental that all federal civil servants are able to work in the official language of their choice.

As President of the Treasury Board, I am responsible for implementing Part VII of the Official Languages Act, which was amended by Bill C‑13 and applies to the federal government. I will continue to work with my colleagues here and with other public servants to ensure that this law is properly implemented. It’s also important that we tackle the issue of harassment, discrimination and violence in government. We need to do this. We can all work in either official language. Personally, I intend to speak in both official languages at every meeting and whenever I appear before a committee. I hope everyone will be able to do so too.

Court Challenges Program Act

[Paul Chiang, Liberal, Parliamentary Secretary to the Minister of Immigration]

Madam Speaker, I rise today on a matter of great importance touching on the fundamental rights and freedoms of all people in Canada. I speak of the court challenges program and the legislation before us, Bill C-316, an act to amend the Department of Canadian Heritage Act.

Since its creation in 1978, the court challenges program has come to be seen as a unique feature of our constitutional democracy, helping people in Canada to bring forward legal cases when they believe their most cherished rights have been infringed upon, regardless of their means. It enables individuals and organizations to challenge laws and policies that run counter to Canada's fundamental rights and freedoms. It is a true testament to our country's unwavering commitment to justice, equality and social inclusion.

The modernized court challenges program, reinstated in 2017, has been instrumental in ensuring unfettered access to justice and equality for every Canadian. Over the years, it has funded hundreds of challenges of national interest, adapting to the evolving needs of our society by helping to articulate a broader range of civil and social rights. This progression is crucial as our society continues to evolve and embrace a more diverse and inclusive perspective.

In sustaining and protecting this program further through Bill C-316, we would be solidifying its proven effectiveness in safeguarding rights and promoting equality before the law. This legislative initiative aims to complement the important reforms enacted by the modernization of the Official Languages Act through Bill C-13, which received royal assent on June 20, 2023. Bill C-13 acknowledges the important role of the court challenges program by incorporating its official language rights component into the Official Languages Act and its human rights component into the Department of Canadian Heritage Act, thereby underscoring the government's unwavering commitment to this iconic program.

The court challenges program plays an indispensable role in supporting official language minority communities in all regions of the country. By challenging laws and policies that could erode their linguistic rights, it helps preserve the vitality of these communities while ensuring that linguistic duality and diversity remain a proud part of Canada's social and cultural fabric. Furthermore, this program has consistently been at the forefront of protecting the human rights of all people in Canada. It has empowered vulnerable and marginalized communities, has helped defend minority rights and has consistently helped advance the principles of justice and equity.

One such example is the funding granted by the court challenges program in 2019 and 2020 for an intervention in a class-action lawsuit on the issue of the forced sterilization of indigenous women. This intervention seeks to ensure health equity for indigenous women and to address systemic discrimination against indigenous people, while providing a national perspective on behalf of affected indigenous women and girls. Thanks to the program's funding, the issues of gender equity, rights recognition and reconciliation will be deliberated in court through a more inclusive approach to participation in the proceedings.

The program's annual reports reads like a catalogue of the defining social and civil rights issues of our times. Its essential role in helping to advance our democratic principles and ensure that our rights framework reflects the evolution of Canadian society has been amply demonstrated. Through the deliberate and purposeful act of enshrining this program in law by means of Bill C-316, as a strong complement to what has been achieved in Bill C-13, we are affirming our commitment to its long-term viability and are recognizing its proven effectiveness in asserting, clarifying and protecting the rights and freedoms of all people in Canada.

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

Thank you, Mr. Chair.

I would like to make a comment.

I am aware of the Minister's personal history. I, too, am the daughter of immigrants who did not speak French when they arrived in Canada. My parents insisted that my brother and I learn French, in immersion, since French is one of the two official languages of Canada.

Acknowledging that French is declining highlights the importance of implementing Bill C‑13 and Treasury Board's responsibilities as soon as possible.

Given this situation, I hope Treasury Board is going to move matters along faster; at a meeting of the Standing Senate Committee on Official Languages, there was talk of two or three years.

We know that all federal institutions are required to comply with the Official Languages Act, including Part VII of the Act, which deals with the positive measures needed to ensure the development of the official language minority communities.

Do you intend to clarify the concept of positive measures in the regulations under Part VII?

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Regarding the investments in your plan, do you have enough money to implement Bill C‑13?

[Anita Anand]

We need to continue to support and implement Bill C‑13. We have to work together.

If you think it is important, we will have to work together every day.

[Anita Anand]

I will tell you that this committee studied and supported Bill C‑13 and all members of the House voted in favour of this bill.

I was appointed as minister at the end of July of this year. I am here to support the two official languages and I will do so every day with the team in my department.

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

I ask this because it's clearly pertinent. One thing that we have been seeing—and that has been brought up by a number of different stakeholders on Bill C-13—was the fact that there wasn't one central person in charge. They asked to have Treasury Board be the one central person, but, effectively, accountability has been spread so that every single minister has been responsible minister. Minister Boissonnault answered that pretty clearly in our meeting last week. We just continue to see this government pushing forward and doubling down on spreading accountability so that, effectively, no one is responsible.

Who is responsible, at the end of the day, for official languages here in Canada?

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

I think we are all in agreement on that.

I named only two main organizations, but I want to point out, Minister, that Bill C‑13, the modernization of the Official Languages Act, is signature legislation. It is an historic bill, promised by your government.

However, your two‑ to three‑year timetable is considered by those organizations to be unacceptable. That is why we are asking that the deadline be brought forward.

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

Thank you.

I think it is a bit disappointing that you have not met with those organizations officially, since they are the ones that will be able to guide you on the ground for the next steps.

In addition, the francophone community organizations want the time for making regulations under the new Official Languages Act to be 18 months or less.

When will the regulations provided for in Bill C‑13 be created? I am thinking, in particular, of the ones associated with part VII of the Official Languages Act that deal with positive measures for supporting the development of the French and English linguistic minority communities.

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

To be more specific, the FCFA is the main organization that represents francophones outside Quebec. It did a lot of work on the modernization of the Official Languages Act and it is in the best position to guide you in the work you will have to do in connection with Bill C‑13.

When do you plan to meet with the FCFA and the QCGN?

[Anita Anand]

My team and I speak with many people across the country and I am going to meet with other leaders and other organizations in Canada.

I take my responsibilities in relation to Bill C‑13 very seriously.

I have a great affinity for French and the two official languages, especially in the province where I was born, so I will definitely also be meeting with Acadians.

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

You aren't ready to acknowledge that French is declining, but you admit that the federal government has a responsibility to protect French in Quebec. Is that correct?

Do you understand how that's a bit troubling? Since 2020, the Liberals, the former minister of Official Languages and others have repeated that their government is the first one to acknowledge the decline of French. Bill C‑13 was amended to include the fact that French must also be protected in Quebec, but it seems that many Liberals don't acknowledge the decline of French.

The former minister of Official Languages acknowledges that French has declined as a mother tongue, while the Minister of Official Languages seems to recognize the decline across all indicators.

Whether it's the first official language spoken or the language of work, all the indicators show that French has declined, not just in Quebec and Canada, but in France as well. It's a bit troubling if you don't acknowledge that.

As President of the Treasury Board, you are responsible for providing follow‑up and giving instructions. The Treasury Board plays an important role in part VII of the Official Languages Act.

What measures will be taken to protect French in Quebec?