Thank you very much for this opportunity.
The ACUFC welcomed this bill when it was first introduced. The fact that all federal institutions will now be required to take the positive measures they consider appropriate to ensure more opportunities for francophone minorities to pursue quality learning in their own language throughout their lives, including at the post-secondary level, is a major improvement over Bill C-32. Even more significant, institutions will now have to deliver on this commitment knowing that the federal government has acknowledged the specific situation of French in this country.
We nevertheless wish to make three suggestions for clarifying part VII with respect to cooperation with the provinces, scientific research in French and other administrative measures.
I will start with cooperation with the provinces.
Federal institutions have a duty to ensure that positive measures are taken to enhance the vitality of the francophone minorities and to support and assist their development.
However, under the new subsection 45.1(1) introduced by the bill, the federal government recognizes the importance of cooperating with provincial and territorial governments in the implementation of part VII of the act. This provision, as drafted, could be interpreted to mean that the federal government's commitment to the vitality of the minorities is subject to a sharing of jurisdictions.
We believe the federal government cannot walk away from this commitment. Its willingness to cooperate with the provinces and territories must not undermine the vitality, development or maintenance of strong institutions. Instead the bill must establish favourable conditions for developing positive measures that will have a direct and continuing impact and be effectively and equitably implemented across the country.
We suggest that every reference to cooperation with the provinces and territories be reviewed to dispel any ambiguity regarding the federal government's exercise of its spending power to enhance the vitality of the minorities. If the implementation of positive measures were to depend on cooperation with the provinces and territories, the federal government's measures might ultimately be applied unevenly if reluctant governments refused to cooperate.
Now I will discuss scientific research in French.
The official languages reform document states that the federal government wishes to support the creation and dissemination of scientific information in French. However, we feel that the wording of new subparagraph 41(6)(c)(iv) is more restrictive and less ambitious. It provides that one of the positive measures the federal institutions might take would be to "support the creation and dissemination of information in French that contributes to the advancement of scientific knowledge".
The reform document suggests that those measures would support the creation and dissemination of scientific knowledge created by the francophone research community. However, the bill implies that all types of information are considered equal and that they may come from various sources. For example, the translation into French of information produced by federal institutions could qualify as scientific knowledge, which would be redundant, having regard to what is already provided in part IV of the act, which concerns communications with the public.
We suggest that this subparagraph be reviewed to make it more consistent with the commitment expressed in the reform document. The original version was much more foundational for the post-secondary sector than the version proposed in the bill.
Turning now to other administrative measures.
A modernized Official Languages Act is not an end in itself. It is merely one piece, albeit a very important one, in the whole architecture of Canada's language regime. Other administrative measures must emerge, including two that will definitely follow from this bill.
The first such measure will be regulations establishing the terms and conditions under which the obligations set forth in part VII are to be performed. Those regulations may clarify the nature of the positive measures, the consultations they require, the accountability models respecting them, and the direct effects of government decisions. However, new subsection 41(3) does not establish a schedule on which those regulations will be made. The same possibility was introduced in the 1988 act, but no regulations subsequently emerged. We suggest that the act include a timetable for making regulations respecting part VII.
The second measure is the policy on francophone immigration. We simply want to express a wish, that the policy that is developed accommodate the international clientele of post-secondary institutions, an immigration pool that is essential if we are to achieve the objectives of the federal government's francophone immigration strategy.
Many stakeholders have great ambitions for this act, but history tells us you can never legislate on political leadership. A firm moral commitment from the political class will always be necessary. We ask you to lend substance to this commitment and to cooperate so the bill is promptly passed and we can work together on the next foundational measures that will enable Canada to progress toward substantive equality of English and French.
Thank you.