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

[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.

[The Assistant Deputy Speaker, Carol Hughes]

The minister does not need unanimous consent of the House.

The hon. minister.

[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.

[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, I want to thank my hon. colleague for his question and for his work on the Standing Committee on Official Languages.

I want to be perfectly clear. Bill C-13 does have real teeth. Last year, the former minister of official languages introduced Bill C-32. In my conversations with stakeholders and colleagues, I heard suggestions on how certain aspects of the bill could be improved, and that is exactly what we have done.

The bill we have introduced, Bill C-13, does have real teeth. The Commissioner of Official Languages will have more tools to do his job. Francophones will be given the choice to work and be served in French in businesses under federal jurisdiction.

I look forward to working with my counterparts to ensure that the bill ultimately receives royal assent.

[Christine Normandin, Bloc, Saint-Jean, QC]

Madam Speaker, the minister talked a lot about the importance of protecting French in minority situations, in other words, outside Quebec.

I would like to hear her opinion on whether French is also in jeopardy in Quebec. Can she point to even a single measure in Bill C-13 that improves the status of French specifically in Quebec?

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

Madam Speaker, my colleague is absolutely right. One thing we observed during our discussions and consultations was that French is in decline not only in Canada, but also in Quebec. That is why the government is moving forward with an ambitious bill that will help us protect and promote French in Quebec and across Canada.

Bill C‑13 specifically states that Quebeckers have the right to work in their language in federally regulated businesses. We want to ensure that Quebeckers and francophones in regions outside of Quebec with a strong francophone presence have the opportunity to work in French.

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

Madam Speaker, our message today is that we all want to adopt a modernized act, but it must be as good as possible. We look forward to working with all parliamentarians on the committee to improve Bill C‑13.

The Commissioner of Official Languages released report after report highlighting the failures within the public service and the lack of compliance with the Official Languages Act.

As a central agency, the Treasury Board must be fully responsible for implementing and coordinating matters relating to official languages. Why did the government not give all of the powers to the Treasury Board instead of Canadian Heritage?

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

Madam Speaker, the idea of having a central agency is absolutely key to ensuring compliance with the Official Languages Act.

In Bill C‑13, we have established the Treasury Board as the central agency with monitoring, auditing and evaluating powers. We want to ensure that it will have more tools and resources to do its job.

[The Assistant Deputy Speaker, Carol Hughes]

I apologize to the hon. minister. She was right in thinking that she needed the unanimous consent of the House to share her speaking time.

As I saw no one oppose her request, however, we will resume debate. The hon. President of the Treasury Board.

[Mona Fortier, Liberal, President of the Treasury Board]

Madam Speaker, I am truly pleased to rise today to speak to Bill C‑13 on modernizing the Official Languages Act and, especially, its importance to Canadians.

Canada's official languages are a defining characteristic of who we are as a country. They contribute to our diversity and inclusion, our social cohesion and our resilience.

Madam Speaker, as a proud Franco-Ontarian, I can assure the House that our two official languages and standing up for the interests of minority francophone and anglophone communities are very important to me.

This bill is possible because Canadians shared their passion and their ideas. Whether we are talking about community leaders, parliamentarians, experts or citizens, I am grateful to Canadians across the country for their comments and their important contributions to this bill. Canadians want us to do more to ensure the ongoing vitality of official language minority communities and enhance French across the country.

In the federal public service, we have seen major improvements in bilingualism. Since 2000, the number of bilingual positions and bilingualism rates among employees have increased, especially among those who provide services to the public in both official languages. What is more, the capacity of the public service to provide services in French and English has increased year after year. There are more bilingual supervisors, more employees who meet the linguistic requirements of their position and more positions that require a higher level of bilingualism.

The federal government continues to be a key partner in supporting the development and success of official language minority communities. A prime example of this is Canada's new official languages regulations for communications with, and services to, the public. These regulations will ensure that anyone who uses a minority official language at home will be considered when calculating the demand for services. This means that, for the first time, bilingual families and immigrants are included in our calculation. Equally important, federal offices in the vicinity of 900 minority schools across the country will have to offer their services in both French and English. We expect that, in the coming years, around 700 offices that are currently unilingual will become bilingual.

Canada's Official Languages Act became law more than 50 years ago, before digital technology, and it has been more than 30 years since its last major reform. The act needs to be modernized to ensure it continues to serve Canadians well. That is why the government introduced 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. This bill would make improvements that would address challenges facing the French language in Canada and the challenges faced by official language minority communities.

In addition to including the key measures in the previous bill, Bill C-32, Bill C-13 would significantly improve the Official Languages Act to clarify and strengthen the part of the act concerning the promotion of official languages and support for official language minority communities, and it would further improve compliance by federal institutions concerning official languages through more robust monitoring and new tools for the Commissioner of Official Languages. With respect to the role of the Treasury Board Secretariat, we share responsibility for the implementation of the Official Languages Act with other federal institutions.

Under this act, the Treasury Board is responsible for the general direction and coordination of policies and programs relating to the part IV of the act on communications with and services to the public, part V on the language of work in federal institutions, and part VI on the participation of anglophones and francophones in the federal public service.

As we know, these powers are exercised by the Treasury Board Secretariat, which establishes and interprets official languages policies, directives and regulations and monitors federal institutions for compliance.

Modernizing the Official Languages Act will enable the Treasury Board to reaffirm its role as a central agency by strengthening and expanding its powers to monitor federal institutions for compliance. That will improve our ability to support communities and serve Canadians in the official language of their choice.

More specifically, the new bill requires the Treasury Board to issue policies and regulations to help federal institutions meet their obligations under parts IV, V and VI of the act and to hold them accountable. This is now a mandatory requirement rather than a discretionary one, as it was in the past. For the first time, in consultation with Canadian Heritage, the Treasury Board will verify whether federal institutions are taking positive measures to enhance the vitality of these communities and promote English and French in Canadian society.

The Treasury Board Secretariat, as a central agency, is better positioned to monitor, audit and evaluate the act, and to develop and publish appropriate policy instruments designed to provide guidance to federal institutions.

Furthermore, under the new legislation, the rights surrounding language of work for employees in regions designated as bilingual for language of work purposes will continue to be protected.

What is more, Treasury Board policies will continue to ensure that public service jobs are designated bilingual where necessary and that they reflect the appropriate level of second-language proficiency.

More specifically, we are currently examining the need to increase the minimum second-language proficiency requirements for supervisors in bilingual regions so that those employees are able to work in the official language of their choice.

The new bill also shows how important bilingual communications are in emergency situations.

Treasury Board is working closely with the departments that play a key role in the health and safety of Canadians in order to ensure that communications are always of equal quality in both official languages in emergency or crisis situations.

In my mandate letter, the Prime Minister tasked me with continuing to ensure that Canadians across the country can receive services from federal institutions in both official languages. He also asked me to support the Minister of Official Languages in fully implementing the measures related to the public service that are outlined in the document “English and French: Towards a Substantive Equality of Official Languages in Canada”.

For example, one of the measures proposed in this document is a new second-language training framework for the public service adapted to the needs of employment equity groups and, more specifically, indigenous employees.

This framework will guide the departments so that they are able to provide training that responds to the diverse needs of employees and makes bilingualism attainable for them.

By increasing the level of bilingualism in the public service, we will be better able to meet the growing need for bilingual services.

The beginning of this decade was very difficult, but the time has come to build a stronger, more dynamic and more inclusive country for everyone.

Our official languages and their vitality unite us, and we must continue to defend and promote them. At this time in our country's history, it is more important than ever to protect and promote our official languages in federal workplaces and throughout Canada, and that is what this bill would do.

Thank you very much.

I am ready to answer questions.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I thank the hon. member for her speech.

Another bill was introduced in the last Parliament, specifically Bill C-32.

What is the difference between that bill and Bill C-13?

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Madam Speaker, I am happy to answer this question.

The process that took place over the last few years, which included consultations and engagement with parliamentarians to strengthen the bill, led to the introduction of Bill C-32 last June. Following the election, we came back with an even better bill, Bill C-13. The fact that the Treasury Board will act as a central agency and play a compliance monitoring role is an example of something that has been strengthened in the new legislation, Bill C-13.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I thank my hon. colleague for her speech, but I do have a question for her.

The bill states that the first portion of subsection 10(3) of the act, a provision on the language and translation of agreements, shall be replaced by the following:

The Governor in Council may make regulations prescribing the circumstances in which any class, specified in the regulations, of agreements that are made between Canada and one or more other states or between Canada and one or more provinces or territories

Can the minister explain whether it will be strictly unilingual or bilingual?

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Madam Speaker, I thank the member for the question.

Today we are talking about a bill. We are talking about the terms we want to improve within the Official Languages Act, which we have had for 50 years. One of the services we provide is the translation of documents in French and English, as well as interpretation.

When we put the rules in place, we want to be sure that the provinces and territories receive the necessary documents in both official languages. We want to be sure we can represent both our official languages in our agreements.