Official Languages Committee on June 2nd, 2026

[Kelly Burke]

As you know, both regimes will apply in Quebec: the Charter of the French Language and the Use of French in Federally Regulated Private Businesses Act. The fact that businesses will have to choose between the two regimes means that the remedies available under the regimes are different. Under the federal act, my office, the commissioner's office, is responsible, whereas under Quebec's charter, the Office québécois de la langue française has jurisdiction. If we don't know which regime the private business chose to be subject to, we'll have to check with the Office québécois de la langue française to find out.

Furthermore, we would like to see the Department of Canadian Heritage take responsibility for the registry that will tell us which regime the business chose, the federal legislation or Quebec's charter. We could check with Canadian Heritage, by consulting the registry, to find out more about a business's choice.

Lastly, the commissioner has the power to refer a complaint to the Canada Industrial Relations Board, in certain circumstances, including if the complaint is complex. The board is yet another entity that isn't mentioned in the Official Languages Act but is mentioned in the Use of French in Federally Regulated Private Businesses Act.

[Louis Villeneuve, Liberal, Brome—Missisquoi, QC]

Thank you.

[The Chair, Liberal, Yvan Baker]

We have about seven or eight minutes left with Ms. Burke and her team.

Ms. Burke, I checked with my fellow members, and they'd like to take advantage of every possible minute we have with you, so we're going to do one last, albeit very short, round.

The Conservatives will have two minutes for each member and Mr. Beaulieu will have one minute.

Go ahead, Mr. Godin. You have two minutes.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Thank you, Mr. Chair.

Ms. Burke, last week, representatives from the Fédération des communautés francophones et acadienne du Canada spoke to the committee about dissemination areas and the criteria for designating regions, where numbers do not warrant the provision of services under the method used thus far.

Do you think incorporating the concept of dissemination areas is a good way to add regions?

[Kelly Burke]

I think it's something worth considering, in the context of other measures that could shed light on expanding the scope of the federal act and its application in regions with a strong francophone presence.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Would you be able to provide the committee with a description or recommendation for expanding the scope of the Use of French in Federally Regulated Private Businesses Act in provinces and territories, while including small municipalities? I'm looking for guidance from your office that could help us with that.

What factors should we take into account? We will be providing the Treasury Board of Canada Secretariat with the necessary means, so that the agency understands and achieves what all of us at the table want to achieve. Would you be able to provide us with that information?

[Kelly Burke]

We can provide you with that, yes. We will draw heavily on part IV of the Official Languages Act.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

I was glad to hear you say we should take our time. It's important to understand there's no rush. The act received royal assent in 2023, and it took the government three years to come out with draft regulations. The deadline isn't weeks away. I think it would advance the cause tremendously.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

All right. Paragraph 4 of the draft regulations states that for Quebec and for businesses—two years later than elsewhere in Canada—the minister may provide the commissioner—it's the only spot in the draft regulations where you're mentioned—and the official languages minister with a list of federally regulated private businesses.

What's your assessment of the fact that the minister “may” publish a list? It shouldn't be an option; it should be a requirement. It should say that the minister “will” provide the commissioner with a list. How are you supposed to manage something when there's no accountability requirement, if I can put it that way?

[The Chair, Liberal, Yvan Baker]

Sorry, Ms. Burke. The member's time is up, so I'll need a one-sentence answer.

[Kelly Burke]

It should absolutely be an obligation. It shouldn't be at the discretion of the minister.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Thank you. That settles it, as far as I'm concerned.

[The Chair, Liberal, Yvan Baker]

Thank you, Mr. Godin.

We now go to Mr. El‑Khoury for two minutes.

[Fayçal El-Khoury, Liberal, Laval—Les Îles, QC]

Thank you, Mr. Chair.

Ms. Burke, are you satisfied with the government's efforts to protect and promote French in federal institutions, and to protect every Canadian citizen's right to receive service in a federally regulated business?

[Kelly Burke]

My mandate revolves around federal institutions and compliance with the Official Languages Act. In light of the complaints we receive and what we see on the ground, there is still work to do. Federal institutions comply in certain cases but not in others.

There are systemic issues. Every year, we see the same challenges around compliance with the act, particularly when it comes to communications and the delivery of services. There are a lot more now in relation to the language of work. I believe 22% of the complaints we received this year or last year had to do with language of work. That's double what we received 10 years ago.

In response to your question about whether the government complies, I would say, yes, to some extent, but there is still a lot of work to do.

[Fayçal El-Khoury, Liberal, Laval—Les Îles, QC]

What measures are you putting in place to ensure compliance with the act?

[Kelly Burke]

The procedure for that is in the Official Languages Act. I now have broader powers than the commissioner did before. Nevertheless, it's still possible to conduct investigations, examine complaints, identify solutions and make recommendations. The commissioner has always had those powers. Going forward, under the new act, I will be able to enter into compliance agreements, put corrective measures in place, issue a summary of the investigation and make public information on the challenges within the system.

[The Chair, Liberal, Yvan Baker]

Sorry, I have to stop you there. The member's time is up. I gave you time to finish your answer, but we have to leave it there.

We now go to Mr. Beaulieu for one minute.

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

Ms. Burke, you said the purpose was to ensure that people could work in the language of their choice, but that isn't the purpose of the Charter of the French Language or the Use of French in Federally Regulated Private Businesses Act. A person can't work in both English and French at the same time.

There has to be a common language. The purpose of the act is to make French the common language and ensure that its use is generalized in Quebec and in regions with a high proportion of francophones. Do you agree with that?

[Kelly Burke]

Under the Official Languages Act, employees have the right to choose their language of work. Under the Use of French in Federally Regulated Private Businesses Act, employees can also choose—

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

That doesn't prevent agreements. Normally, French has to be the widely used language within the business. Basically, it has to be the common language.

[Kelly Burke]

Obviously, the Use of French in Federally Regulated Private Businesses Act provides that employees can choose to work in French in regions with a strong francophone presence and, of course, in Quebec.

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

Thank you.

[The Chair, Liberal, Yvan Baker]

Thank you, Mr. Beaulieu.

It's now over to Mr. Godin for two minutes.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Thank you, Mr. Chair.

Commissioner, this is the last time I'm going to ask you about this.

You made an interesting point, but unfortunately, it slipped under the radar. The draft regulations do not set out any requirements for third parties that provide services on behalf of businesses subject to the Use of French in Federally Regulated Private Businesses Act. What requirements should third parties be subject to, keeping in mind that the purpose is to stop the decline of French, and to protect and promote both official languages?

You recommended that the legislation address third parties, and that's a very important aspect. What tools would you need? How should it be defined? It's not straightforward. Businesses are going to do business with people. Under the buy Canadian policy, for instance, the government is going to work with people in Canada. Under the Use of French in Federally Regulated Private Businesses Act, federally regulated businesses will have to work with suppliers that will be subject to the obligation to work in French, in cases where the business is francophone.