Evidence of meeting #43 for Official Languages in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-13.
A recording is available from Parliament.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Madam Treasury Board President, this means that you would be open to amending Bill C‑13 to enshrine it in the act, so that we can't play—
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
I think it can be enshrined in the act. As you know, regulations can be changed.
Conservative
President of the Treasury Board
I'll let you check that, but I think it's a directive rather than a piece of legislation.
Conservative
December 6th, 2022 / 1:20 p.m.
President of the Treasury Board
I'll let the Treasury Board do its work.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
In closing, I will simply say this: regulations can be changed, but it's more complicated to amend an act.
We're here to ensure that French is protected. I think it's very much to our advantage to enshrine this in the act we have every advantage in enshrining that in the act.
Liberal
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Thank you very much, Mr. Chair.
I'd like to thank the President of the Treasury Board for being with us.
Normally, I would take this opportunity to talk about the Franco-Ontarian community, but I don't need to do that because you understand very well—
Liberal
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Some stakeholders, including the Fédération des communautés francophones et acadienne and several lawyers, mentioned the difference between Bill C‑13, the former bill—
Liberal
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
—and the role of the Treasury Board.
Both bills talk about the Treasury Board's responsibility under parts IV, V and VI of the act. The latter may intervene, but has not done so often. Subsection 46(4) created by Bill C‑13 clearly states that the Treasury Board “shall”, in carrying out its responsibilities, establish policies.
I can still hear Mr. Samson emphasizing the word “shall” in his accent.
Liberal
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
I would like you to tell us about the difference between the words “may” and “shall”, as well as the role that the Treasury Board will now play in implementing these parts.
President of the Treasury Board
There was a time when its role was discretionary, but it is becoming mandatory, which is exactly the approach proposed in Bill C‑13.
I really want to acknowledge the work done not only by all the stakeholders, such as the FCFA, but also by all parliamentarians—Senator Cormier comes to mind—who have studied this from all angles to determine how this modernization could be done. The federal government has matured to ensure that the role of the Treasury Board is mandatory and not only discretionary.
Liberal
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
You also talked about the role of the Treasury Board within the machinery of government. It's not really an external role with stakeholders. That explains why we wonder why the Treasury Board wouldn't be responsible for implementing, as it is in the French, “les” positive measures. That's another difference in Bill C‑13: the word “des” was replaced by “les”.
Why did you agree that the Department of Canadian Heritage should continue to be the main player in implementing the positive measures under part VII, for example?
President of the Treasury Board
The departments will implement the positive measures, but we have to recognize that the Department of Canadian Heritage is an expert in this area, so we'll let them continue with that part of the work.
It would be difficult for the Treasury Board to do both. That's why we want to ensure that we have the compliance, monitoring and evaluation powers. That's what the Treasury Board would begin with the new Official Languages Act.
Liberal
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Does that mean that you're going to shirk your responsibilities and say that the Department of Canadian Heritage isn't doing a good job?
