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.

On the agenda

Members speaking

Before the committee

Boyer  Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage
Boily  Director General, Official Languages, Department of Canadian Heritage
Léger  Director, Official Languages Regulations , Department of Canadian Heritage

5 p.m.

Liberal

Louis Villeneuve Liberal Brome—Missisquoi, QC

Thank you very much.

These draft regulations establish a new requirement and as such, the Commissioner of Official Languages will now have a role to play regarding the language of work within federally regulated private businesses.

If a complaint is deemed too complex for the Office of the Commissioner of Official Languages, can the commissioner refer it to the Canada Industrial Relations Board? What are the conditions?

5 p.m.

Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage

Julie Boyer

I'm happy to answer that question.

Obviously, a regulatory regime can only function effectively if there are avenues for recourse for non-compliance. Accordingly, we've been working with the Commissioner of Official Languages on the language of service. The commissioner has a great deal of experience. She is already responsible for ensuring compliance with the language of service.

Regarding the language of work, there is an agency called the Canada Industrial Relations Board, which is responsible for enforcing the Canada Labour Code in relation to businesses. Thus, we said we were adding an obligation for employers and businesses. This is the first time we've gotten involved in the private sector and added language obligations.

It was stated that the commissioner's office could address and resolve complaints regarding the language of work. However, if a case is too complex under the Canada Labour Code, there is a provision for the commissioner's office to refer the matter to the Canada Industrial Relations Board. We worked with the board to ensure this would be possible.

This is therefore another arrangement, in case things become too complex, but we expect that the board will probably be called upon to act on complaints only in exceptional circumstances.

5 p.m.

Liberal

Louis Villeneuve Liberal Brome—Missisquoi, QC

Thank you. I believe my time is up.

5 p.m.

Liberal

The Chair Liberal Yvan Baker

That's correct. Thank you very much, Mr. Villeneuve.

I will now give the floor to Mr. Beaulieu for one and a half minutes.

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

Ms. Boyer, you started to answer my question earlier. Mr. Villeneuve addressed the issue of remedies.

Without coercive power to enforce an act, those who refuse to comply will face no consequences. However, the commissioner and the minister cannot impose consequences or penalties. That said, if the commissioner refers a case to the Canada Industrial Relations Board, there could be fines or consequences. Have I understood you correctly?

5 p.m.

Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage

Julie Boyer

I would say that any regulatory regime should have an incentive and a corrective mechanism. In our case, the incentive is certainly the fact that it makes perfect sense to serve people in their language if there are many bilingual or francophone clients and workers in a region with a strong francophone presence. It makes perfect sense for them to exercise their rights. We hope this will serve as an incentive. We have two years to lay the groundwork and promote the initiative.

Regarding coercive power—I think you used such a term—the commissioner has the new powers you granted her in the modernized version of the Official Languages Act, which allow her to enter into compliance agreements. That's a serious matter. It's about holding someone accountable. And if an agreement isn't honoured, we can go to the Federal Court to compel a person to take action and comply with the agreement. I think that's a strong measure.

5 p.m.

Liberal

The Chair Liberal Yvan Baker

I'm sorry, madam, but your time is up.

Thank you, Mr. Beaulieu.

I'll now give the floor to Mr. Godin for three minutes.

5 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Thank you, Mr. Chair.

Ms. Boyer, you said that there's no difference whether a company is subject to the federal legislation or to the Office québécois de la langue française, it's comparable. You said it was equivalent, not that it was the same. Why not let the Office québécois de la langue française handle matters in Quebec? Why is the federal government interfering in something that already exists?

5 p.m.

Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage

Julie Boyer

Because Parliament passed a law giving us the mandate to do so. That's the Use of French in Federally Regulated Private Businesses Act, which seeks to promote French in Quebec and in regions with a strong francophone presence.

5:05 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Wouldn't it have been possible to give this responsibility to Quebec, as it requested?

5:05 p.m.

Director, Official Languages Regulations , Department of Canadian Heritage

Richard Léger

The act specifies the commissioner's mandate regarding compliance—

5:05 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

That was settled on the Thursday evening I mentioned earlier.

A review is conducted every 10 years. Do you acknowledge that French is in decline in Canada and in Quebec?

5:05 p.m.

Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage

5:05 p.m.

Director General, Official Languages, Department of Canadian Heritage

Sarah Boily

Yes. In fact, that's what prompted the modernization of the Official Languages Act in 2023.

5:05 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Okay. So, why conduct a review only every 10 years? If French is in decline, there is an urgent need to act. Why not conduct a review every five years?

5:05 p.m.

Director General, Official Languages, Department of Canadian Heritage

Sarah Boily

We will have census data every five years, and so we'll make updates and monitor the situation.

We have aligned the frequency of the review with that of the review under the regulations respecting communications with and services to the public in either official language, which is under the Treasury Board Secretariat.

It also allows time for significant demographic changes in Canada's population. It does take some time. That's why we chose a 10-year interval. However, we will conduct a mid-term review.

5:05 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

I understand, but don't you think that the ability to respond more quickly would allow us to respond and adjust course? If French is in decline for 10 years, reversing the trend and regaining ground will take time. I therefore think it would be wise to be able to respond as quickly as possible. Moreover, it's written into the law. I understand that you're taking it step by step, but it's written into the law. It's like the words “count” and “estimate”.

I understand, but let's give ourselves the tools to be even more effective. All of us around this table are aware of the decline of French. So why not conduct this review every five years?

The Chair Liberal Yvan Baker

I'm sorry, Ms. Boily. You have five seconds left. Please respond in one sentence.

5:05 p.m.

Director General, Official Languages, Department of Canadian Heritage

Sarah Boily

In that case, I will refrain from responding.

The Chair Liberal Yvan Baker

Okay. We'll save that for next time.

I now give the floor to Ms. Mingarelli for three minutes.

Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON

Thank you, Mr. Chair.

This government is working to bring down barriers to interprovincial trade. Although the common language in Quebec is French and Quebec is the only province where French is the official language, French is spoken across the country.

Does the act isolate Quebec or integrate it more into the pan-Canadian dynamic?

5:05 p.m.

Director General, Official Languages, Department of Canadian Heritage

Sarah Boily

I think this question is similar to the one we were asked earlier.

It seems that, based on how the act was designed, the goal is to promote the French language outside of Quebec. We believe this is beneficial not only for French-speaking Canadians outside Quebec, but also for French-speaking Canadians within Quebec, so it certainly includes Quebec.

Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON

Thank you.

I'm done.

The Chair Liberal Yvan Baker

On behalf of the committee, I'd like to thank the witnesses for being here today and for their work.

The meeting is adjourned.