The Charter of the French Language refers to francization committees while the UFPBA refers to committees for the fostering of French.
Will businesses with 25 or more employees be required to have a committee for the fostering of French?
Evidence of meeting #33 for Official Languages in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was businesses.
A recording is available from Parliament.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
The Charter of the French Language refers to francization committees while the UFPBA refers to committees for the fostering of French.
Will businesses with 25 or more employees be required to have a committee for the fostering of French?
Director General, Official Languages, Department of Canadian Heritage
If businesses in Quebec choose to be subject to the federal legislation, the threshold for establishing a committee for the fostering of French is 100 employees.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Strict regulation would be required. The Office québécois de la langue française does this with businesses that are subject to the charter. In this case, the Commissioner of Official Languages is going to regulate businesses and take action to ensure compliance with the federal legislation. Is that right?
Director General, Official Languages, Department of Canadian Heritage
Actually, the oversight will be done by the minister responsible for official languages, and so once the regime comes into force, businesses will have six months to submit a request and obtain a certificate of generalization of the use of French in Quebec and to submit documents on an overview of the language situation, including the number of employees who are proficient in French and the number of French-speaking executives. These are some examples, but there's a lot more information involved.
Bloc
Director General, Official Languages, Department of Canadian Heritage
They have six months to do two things. First, they will have to register and second, they will be required to submit documents on the committee for the fostering of French.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Okay.
Right now, we don't know how this will be framed in the regulations. There are no details on that. We don't know whether there will be monetary penalties, but I don't think there will be any.
Director General, Official Languages, Department of Canadian Heritage
I'd like to draw your attention to certain provisions of the legislation. Subsection 10(1.1) is on generalizing the use of French. It sets out a series of measures that the minister responsible for official languages will consider to determine whether they meet the requirements of the committee for the fostering of the use of French. This is therefore one aspect.
You referred to the commissioner. Indeed, complaints regarding the language of service and the language of work may be filed either with the Office québécois de la langue française or with the Commissioner of Official Languages. An investigation can then be conducted to make recommendations.
Thereafter, the commissioner's powers apply, except for the administrative monetary penalties regime, which was created solely for entities subject to the Official Languages Act—
Liberal
The Chair Liberal Yvan Baker
I'm sorry, Ms. Boily, but I have to cut you off. Your time is up. I gave you a little extra time to answer the question.
Mr. Bélanger, you now have the floor for five minutes.
Conservative
Jim Belanger Conservative Sudbury East—Manitoulin—Nickel Belt, ON
Thank you, Mr. Chair.
Ms. Boily, I have a question about strong francophone presence. How is that determined? Is there a specific number?
In northern Ontario, there are several francophone regions, including some small ones, where the law would not apply, even though it would be important for it to.
Director General, Official Languages, Department of Canadian Heritage
Thank you for that question.
There are three criteria that must be met for a region to be considered a region with a strong francophone presence.
The first criterion is that 20% of the population of an entire province or territory must have potential demand for French-language services. This is the primary criterion, which allows us to include New Brunswick, where there is potential demand for French-language services for 34% of the population.
The second criterion concerns census divisions with 20% or more potential demand for services. This falls into the second category. This second criterion allowed us to include a few pockets, particularly in Ontario and Nova Scotia, if I'm not mistaken.
The third and final criterion concerns metropolitan areas with a minimum of 30,000 people and census tracts with 10% potential demand for French-language services. This allows us to include a few neighbourhoods in the city of Winnipeg, and the Bonnie Doon neighbourhood in Edmonton, Alberta.
Conservative
Jim Belanger Conservative Sudbury East—Manitoulin—Nickel Belt, ON
Are they required to meet one of the three criteria, or all three criteria?
Director General, Official Languages, Department of Canadian Heritage
They must meet one of the three criteria.
Conservative
Jim Belanger Conservative Sudbury East—Manitoulin—Nickel Belt, ON
Okay.
We tend to think of national companies, but in smaller regions, many small and medium-sized businesses have fewer than 100 employees. I wonder how these businesses will be affected. I don't know of any company in the north, in a small region, that isn't a national company and has 100 employees. How was the number of 100 employees determined?
Director General, Official Languages, Department of Canadian Heritage
You got that right. It takes 100 employees in regions with a strong francophone presence. A small neighbourhood or a small town may have workers but not meet the criteria. If there are at least 100 other employees in regions with a strong francophone presence in Canada, they could still have the right to work in a French-language workplace. However, that threshold of 100 must actually be reached.
Conservative
Jim Belanger Conservative Sudbury East—Manitoulin—Nickel Belt, ON
We often talk about measures and goals as well in this committee. How are we going to ensure that companies comply with the regulations?
Director General, Official Languages, Department of Canadian Heritage
We will rely on promotional efforts because the Minister responsible for Official Languages is responsible for designing and raising awareness of the framework. We will also rely on Canadians to exercise their rights and seek redress when necessary.
We'll see over the years if we need to make adjustments to all of this.
Conservative
Jim Belanger Conservative Sudbury East—Manitoulin—Nickel Belt, ON
Thank you.
I will give the rest of my time to Mr. Godin.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Thank you, Mr. Bélanger.
Mr. Chair, how much time do I have left?
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Ms. Boily, earlier, you said that the minister must publish the list of businesses that will be subject to the federal legislation or to the Office québécois de la langue française. Is that what you said?
Director General, Official Languages, Department of Canadian Heritage
My answer referred solely to the Minister responsible for Official Languages, who will publish the list of businesses that are subject to the federal regime.
I will defer to Mr. Léger for more details.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Where is that written in the act, because that's not what I'm reading?
Richard Léger Director, Official Languages Regulations , Department of Canadian Heritage
The minister has the authority to do so and will have all the information needed to do so.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
You said “authority”. There is a difference between having to and being able to. In clause 30 of the draft regulations, I saw that the minister may publish on a website. The minister has no obligation to do so. Perhaps we're not talking about the same thing, which is why I don't want to—