The process of modernizing the Official Languages Act and its related instruments has begun, and the public was made aware of the government's proposals since the release of a public document by the Minister of Economic Development and Official Languages on February 19, 2021. The government’s proposals were generally well received by stakeholders and the media. Stakeholders are now calling for the tabling of a bill in Parliament without further delay.
B. Background and Current Status
Prime Minister Trudeau's government has repeatedly committed to modernizing the Official Languages Act (the Act) beginning in June 2018
Prime Minister Trudeau confirmed the government's intention to modernize the Official Languages Act during Question Period (June 2018)
Election platform commitment (2019)
Commitment in Minister Joly's mandate letters (2018 and 2019) and supplementary mandate letter (January 2021)
The Speech from the Throne presented on September 23, 2020 reaffirmed the government's commitment to strengthening the Act, specifically by taking into account the particular situation of French across the country, including in Quebec. The government recognized that the situation of French in North America is unique and that the government has a responsibility to protect and promote French not only outside Quebec, but also within Quebec. This was an unprecedented commitment, and one that generated attention.
On February 19, 2021, the Minister of Economic Development and Official Languages unveiled her language reform document, English and French: Towards Substantive Equality of Official Languages in Canada, on the government's vision for a modernized and strengthened Act. This document outlines the federal government's intentions for a bill, as well as a series of regulatory and administrative measures.
The main areas of intervention identified in this reform are:
The recognition of linguistic dynamics in the provinces and territories and of existing rights regarding Indigenous languages.
The willingness to provide opportunities for learning both official languages.
Support for the institutions of official language minority communities.
The protection and promotion of French throughout Canada, including in Quebec.
The Government of Canada as an example through strengthening of the compliance of federal institutions
An Act for the Canada of today and tomorrow: Regular review of the Act and its implementation
An interdepartmental working group, co-chaired by Canadian Heritage, Justice and the Treasury Board Secretariat, including representatives from the departments of Canadian Heritage, Justice, Immigration, Refugees and Citizenship Canada, Employment and Social Development Canada (Labour Program), Global Affairs Canada, the Treasury Board Secretariat and the Privy Council Office was established with the mandate to develop proposals and advice for the modernization of the Act and its related instruments.
A Deputy Minister level committee on the modernization of the Act was established in November 2020 and is co-chaired by Canadian Heritage and the Privy Council Office. The purpose of the committee is to ensure that the exercise to modernize the Act proceeds smoothly.
As part of the reform of the Act, an expert panel was established in March 2021 with a mandate to develop options and recommendations on the implementation of the federal government's intentions regarding the language of work and services of federally regulated private businesses. The Government of Canada believes that it is important to take action in the federally regulated private sector to promote and protect French as a language of service and work.
C. Strategic Considerations
The January 2021 supplementary mandate letter from the Minister of Economic Development and Official Languages contains a commitment to introduce legislation in 2021 to modernize and strengthen the Act and improve its implementation policies and programs.
The modernization of the Act has been the subject of sustained interest by Parliamentarians, and has been the subject of numerous studies by the Senate Committee on Official Languages, the Standing Committee on Official Languages and the Commissioner of Official Languages.
The modernization and strengthening of the Act has been called for by key stakeholders, including the Fédération des communautés francophones et acadienne du Canada, as well as by the opposition parties - in particular the Conservative Party of Canada and the Bloc Québécois.
The Quebec government is preparing to release an action plan to protect the French language in Quebec. Few elements of the plan are known at this time.
The reform document outlines several measures that will require collaboration with provincial and territorial governments. In this context, Minister Joly has written to her PT counterparts to seek their perspectives, prior to the introduction of legislation in 2021.
Among the guiding principles, the reform document proposes the recognition of linguistic dynamics in the provinces and territories and of existing Indigenous language rights. In particular, it proposes strengthening section 83 of the Act in order to indicate that it will not abrogate or derogate from the rights of other languages, by specifically mentioning Indigenous languages.
Deadlines are tight, as stakeholders and parliamentarians have called for a modernized Act as soon as possible and the commitment in the Minister's supplementary mandate letter includes a commitment to introduce legislation in 2021.
