Official Languages Committee on June 2nd, 2026

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

I understand that the Commissioner of Official Languages' recommendation is to include a region from each of the territories and provinces.

There are also small regions. Let's take the example of my colleague's region, Halifax, which is not a recognized region. I think we need to add that kind of region. A small francophone community should be able to impose the regulations in its environment every day on private businesses under federal jurisdiction.

What do you think about adding restrictions or expanding the qualitative criterion so that these small regions can access services in French?

[The Chair, Liberal, Yvan Baker]

I'm sorry to interrupt, but your time is up.

I would ask you to give a one-sentence answer, Ms. Burke.

[Kelly Burke]

As Commissioner of Official Languages, I obviously support the idea of broadening the scope of the act's application.

[The Chair, Liberal, Yvan Baker]

Thank you.

Ms. Chenette, you have the floor for six minutes.

[Madeleine Chenette, Liberal, Thérèse-De Blainville, QC]

Welcome to all the guests and witnesses.

Ms. Burke, I obviously congratulate you on your new role. It's good to have you back.

I will pick up where my colleague Mr. Godin left off, because we heard you say that we need to broaden the scope of the act a bit so that it has more teeth.

Based on the reaction of the other guests to regional representation, I see that, in addition to the fact that there should be regions with a strong francophone presence in every province, provincial capitals should be included. Toronto is a good example. I know that in Alberta, for example, a third of the francophone communities are in Edmonton, another third are in Calgary and the final third are everywhere else.

Do you have any suggestions? Organizations have given us examples showing that we need to go beyond Statistics Canada data.

How do you think the scope of the regulations could be broadened? Do you have any ideas?

You highlighted the aspect of private businesses and, in fact, there are a lot of francophone businesses across Canada that could be worth considering. However, how can we get factual criteria that would help the regulations make sense?

[Kelly Burke]

As I mentioned in response to the last question, there are ways to draw on existing legislative frameworks, including part IV of the Official Languages Act, which provides opportunities to establish a formula that will better target places across the country where the UFPBA could apply.

The criteria are in the Official Languages Act, and I invite you to read them.

[Madeleine Chenette, Liberal, Thérèse-De Blainville, QC]

You talked about resource challenges if the act's application were to be expanded, of course. What kinds of resources do you need for us to be more effective in our budget consideration?

[Kelly Burke]

As a first step, the team has begun to identify what it will take to oversee the implementation of the act. We are starting in an area that we are very familiar with, official languages, but under a completely different system.

Under the system, the central role we will be expected to play will require oversight that will be developed in an evolving environment. We recognize that the parties affected by the act will also have to rebuild in a new culture of oversight, with a Commissioner of Official Languages of Canada who will oversee the work and compliance of private businesses. This is all new to them and to us.

Second, let's talk about complaint management.

We don't know the exact number of private businesses that are and will be affected by the new act, but we do have preliminary figures showing that there are at least 386 private businesses under federal jurisdiction, including 261 in Quebec and 163 in regions with a strong francophone presence as defined in the regulations. That means 1,580 new workplaces, 35,307 new employees in Quebec and 38,022 employees in regions with a strong francophone presence. It means that the number of complaints we will receive will reflect these new figures. Even if we were to receive half of the possible complaints, we expect that our workload will increase.

Third, the act requires us to produce an annual report related to the new act. That means that all the work we're going to do under the Use of French in Federally Regulated Private Businesses Act will have to be integrated into the work we've already done under the Official Languages Act, as well as additional legal interpretation in the context of new work. In addition, new contacts will have to be signed with new partners.

In closing, I would like to add that we will also have to work with the Office québécois de la langue française, the Canadian Industrial Relations Board and the Department of Canadian Heritage. Most importantly, if we don't have a registry to look at to determine who is subject to the act, one will have to be created.

For the entire matter of complaint admissibility, we will have to follow a much more painstaking process than the one we are currently following for the Official Languages Act. We already know the federal institutions. However, we don't know the scope or nature of the private businesses that will be subject to the new act.

[Madeleine Chenette, Liberal, Thérèse-De Blainville, QC]

In terms of the importance of a registry, do you see it as a source of confusion or an advantage that businesses will be able to choose to comply with either Quebec's Charter of the French Language or the UFPBA?

Apart from creating a registry, are there other factors we should take into account to make sure that it will work well for our businesses?

[The Chair, Liberal, Yvan Baker]

Ms. Burke, there are five seconds left. It's a one-sentence answer.

[Kelly Burke]

Very briefly, I would say that, when there are two parallel legislative frameworks in a province, as will be the case in Quebec, where the charter and the UFPBA may apply, it could create confusion, especially for consumers and employees.

[The Chair, Liberal, Yvan Baker]

Thank you, Ms. Chenette.

Mr. Beaulieu, you have the floor for six minutes.

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

That's great.

Congratulations, Commissioner.

Don't you find it uncomfortable to have two contradictory mandates, namely defending English and developing English-speaking communities in Quebec, as well as defending the right to work and be served in French in Quebec?

[Kelly Burke]

On the contrary, I believe that the Office of the Commissioner is equipped to oversee language rights, whether anglophone or francophone. We are very well equipped. Despite the differences between the province of Quebec and places with a strong francophone presence, we will adapt, but there will be an adjustment period.

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

There have been a lot of debates in Quebec. People said that the mandate of the Office québécois de la langue française was to promote while having some coercive power, which was contradictory.

[Kelly Burke]

That's what we're doing right now with the Official Languages Act. It contains promotion, oversight and compliance mechanisms.

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

Earlier, you told us that you had taken note of the concerns of the anglophone community.

Could you tell us a bit more about that?

[Kelly Burke]

What I see, based on what the anglophone community is saying, is that there are two components.

First, they want to know whether or not they will have access to services in English. The act is not clear on the rights that exist under the legislation. According to my reading, nothing prevents private companies from offering services in English, but they are not guaranteed.

Second, there is the issue of labour. How will anglophones be at a disadvantage, if that's the case, when the time comes for private companies to hire people?

Obviously, the impact of all this is vulnerability, especially socio-economic. Those are the two major findings I noted during the appearances of the anglophone communities.

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

What we're noticing right now, what the indicators show, is that the use of English as a language of work is really on the rise. The proportion of anglophones is much higher, and the use of French as the language of work is declining. I think that's why the Use of French in Federally Regulated Private Businesses Act was created.

In an article that appeared in Le Droit, you said that, as the new Commissioner of Official Languages, you would continue to defend francophones outside Quebec and anglophones in Quebec equally. That goes back to the principle of symmetry that was in the old act. We're talking about equivalency between anglophones in Quebec and francophones outside Quebec.

Do you mean that anglophones in Quebec need to be supported on an equal basis with francophone minorities outside Quebec?

[Kelly Burke]

The role of the Commissioner of Official Languages is to protect the country's two official languages, and that includes French in Quebec. Ultimately, my mandate is to ensure that federal institutions are overseen to ensure that they comply with the obligations of the act, whether to serve an anglophone community or a francophone community in Canada.

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

However, part VII of the act—the current act, which has been amended—could lead to interference. It's not just for federal institutions; it's for almost everything that relates to languages in the public sphere, so organizations, civil society and even the Government of Quebec. We intervene in the promotion of English, and I hope we'll ultimately do the same for French.

WestJet representatives were here last week. We were told the government intends to opt out from the application of the Charter of the French Language, Bill 101, using instead the Use of French in Federally Regulated Private Businesses Act.

Do you think that will be the case for many businesses subject to Bill 101? That was the only legislative framework, until the Use of French in Federally Regulated Private Businesses Act came into force.

[Kelly Burke]

I don't really know the intentions of private businesses, but what I do know is that the Use of French in Federally Regulated Private Businesses Act will apply, and companies will have the choice, either to remain subject to the charter or to comply with the obligations under the Use of French in Federally Regulated Private Businesses Act.

Either way, I think the objective will be the same: to strengthen French-language services everywhere in regions with a strong francophone presence, particularly in Quebec.

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

WestJet hires unilingual anglophones outside Quebec, but doesn't hire any unilingual francophones in Quebec.

Do you think that's normal?

[Kelly Burke]

I think companies should take all the necessary steps to employ as many bilingual employees as possible, in all regions of the country.

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

That's fine, I'll come back to it. You're a good politician.