Thank you, Mr. Chair.
Good afternoon, ladies and gentlemen.
Thank you for inviting us today to share our thoughts on the proposed draft regulations on part VII of the Official Languages Act. With me today are Alain Dupuis, our director general, as well as Mr. John Mark Keyes, a former department of justice official. Mr. Keyes has recognized expertise in draft regulations.
I don't need to remind anyone of the number of years spend modernizing the act and the significant effort invested in this endeavour. This committee played a critical role in improving the bill, which was ultimately adopted in the spring of 2023 by 300 votes in the House of Commons. It was a historic moment, and the magnitude of that vote sent a clear message about the legislator's intention, which was to take strong and bold action to slow the decline of French in Canada.
The proposed draft regulations, as prepared by the Treasury Board Secretariat, do not fulfill the promise of Official Languages Act, and nor do they reflect the intent for change that Bill C‑13 intended.
As you know, the modernized act introduces a new differentiated approach paradigm recognizing that French, one of the two official languages, is vulnerable and requires specific safeguards, and promotional measures. And yet, the proposed draft regulations don't seem to take any of that into consideration. Instead, they cling to the old paradigm of symmetry between French and English.
The document also clearly lacks clarity, especially when it comes to how positive measures are adopted. It simply repeats what the act already says. There is such a lack of willingness in this proposed draft to convey the importance of protecting and promoting French that, if it were to be adopted in its current form, the new momentum that you, parliamentarians, wanted would be brutally thwarted.
In light of that, I'd like to remind everyone of four essential FCFA recommendations.
First, the regulations must stress that positive measures should have a positive, tangible and verifiable impact. They must be developed and implemented in effective consultation with official-language minority communities.
Second, positive measures must rely on analyses collected in dialogue and consultation activities, as well as research and evidence. The proposed draft regulations are vague and lax in this regard.
Third, the regulations must include an obligation for federal institutions to develop frameworks and action plans based on specific indicators. That is the only way to assess the gaps to substantive equality for linguistic minorities and take the necessary measures to reduce them.
Finally, regarding co‑operation with provinces and territories, the regulations must specify that federal institutions are required to promote the inclusion of language clauses at all stages of transfer agreement implementation, including framework protocols, bilateral agreements and action plans.
Dear members of the Standing Committee on Official Languages, the FCFA has been following the implementation of the Official Languages Act for 50 years. We spent several years explaining to federal institutions what a positive measure is. We have regularly proposed public policy solutions to improve the lot of francophone communities that have been brushed aside in this proposed draft regulation. Our recommendations, which TBS is familiar with and which have not changed since June, are rooted in our experience.
Not only is it important for the secretariat to go back to the drawing board, it must also listen to the communities. Otherwise, we fear that all this work over the years to modernize the act will have been for naught.
Thank you. We look forward to your questions.