The obligation to take positive measures was introduced into part VII of the Official Languages Act in 2005, through Bill S‑3.
I won't repeat everything that stakeholders have argued before this committee, but let's just say that over the years, a number of criticisms have been made about implementation. The jurisprudence has also evolved. The latest decision on this issue is the Federal Court of Appeal's ruling in the case between the FFCB and ESDC.
The wording “measures that it considers appropriate” found in Bill C‑13 and the current wording used in subsection 41(2) of the act have the same meaning, although the words are slightly different. In essence, it is still a binding obligation on federal institutions.
As Ms. Boyer mentioned, adding the word “necessary” could introduce a bit of a filter. That is probably not what was intended, but we think that this language could create a ceiling, or a requirement to demonstrate why something is necessary. In contrast, the language found in the current act and the language found in Bill C‑13 gives federal institutions the flexibility to decide the best means.