Thank you, Mr. Chair.
Committee members, good morning.
Thank you for inviting us to appear to comment on the draft regulations for the Use of French in Federally Regulated Private Businesses Act, commonly known as the UFPBA.
My name is Liane Roy. I'm accompanied by Alain Dupuis, the executive director of the Fédération des communautés francophones et acadienne du Canada, or FCFA.
You are all familiar with the purpose and objectives of UFPBA. Our purpose today is to highlight the role of UFPBA in supporting the vitality of minority francophone communities. This objective is central to the right to be served in French and to work in that language. The UFPBA also recognizes the diversity of provincial and territorial language regimes and therefore encourages a tailored approach to contribute to the progress toward true equality of French and English across the country.
The draft of the proposed regulations and the accompanying tools set certain guidelines in this regard. However, a number of elements still require improvement.
The criteria used in the draft regulations apply to areas that are recognized as predominantly francophone, but they exclude several regions that have a critical mass of French speakers, as well as communities in rural or remote areas. The same issue arises regarding the minimum employee threshold to designate companies subject to the UFPBA: In Quebec, there must be at least 25 employees, but elsewhere in Canada, there must be at least 100 employees in regions with a strong francophone presence. Since most federally regulated private businesses are small businesses with fewer than 20 employees, such a threshold will therefore exclude a large portion of the targeted businesses and reduce the actual impact of the act.
We recognize that language obligations can have economic impacts on the businesses concerned. However, if we truly want to promote French, fight against assimilation, and support the vitality of francophone communities across the country, we cannot rely solely on the demographic weight of francophones and target only large companies. This cannot be enough. French and francophone communities are part of the identity and DNA of Canada. Therefore, it is appropriate that the businesses serving these communities and benefiting from them assist in preserving and promoting the use of French.
The FCFA therefore proposes a methodology that, although similar to that of Canadian Heritage, is actually designed to achieve a higher level of accuracy. We propose using a more targeted census scale, that being the dissemination area. By combining it with the threshold of 20% potential demand for services in French, it's possible to capture a greater number of areas with a strong francophone presence.
The Acadian community of Chéticamp comes to mind, which is not captured in the methodology proposed by Canadian Heritage, but is captured by the one we propose. As you know, this is a well-established community, mostly on its own territory, which has its own institutions.
Our approach also includes the designation of provincial and territorial capitals, alignment with designations made at the provincial level in Ontario and Manitoba, as well as the use of vitality criteria such as immigration hubs, historic communities, and the presence of francophone institutions.
Other recommendations include, but are not limited to, setting the minimum threshold at 25 employees for the UFPBA to apply in regions with a strong francophone presence; requiring French-language services in the event of an emergency on public transportation; the obligation to provide the Commissioner of Official Languages with a list of private businesses subject to the UFPBA; reviewing the regulations every five years to keep pace with the country's demographic changes; and the non-reversal principle.
The UFPBA is a new act. There is still a lot of work to be done. This means that this regulation is an opportunity to start off on the right foot and to establish the principles recognized by the UFPBA and, by extension, the Official Languages Act.
Thank you. I'm ready to answer your questions along with the FCFA's executive director, Mr. Dupuis.