Unveiling of the Official Languages Reform Document

English and French: Towards Substantive Equality of Official Languages in Canada

Background

On February 19, 2021, the Minister of Economic Development and Official Languages unveiled the official languages reform document entitled English and French: Towards Substantive Equality of Official Languages in Canada through a ministerial declaration in Parliament. This document sets out her government's vision for modernizing the Official Languages Act and its related instruments. Expected by the main stakeholders, this reform affects all federal institutions by its very nature, mobilizes many of them to carry it out, and proposes to act on sectors of activity of importance to Canadians (from recognition of provincial and territorial linguistic realities, the role of the Office of the Commissioner of Official Languages, to the protection of French, including in Quebec). This document proposes a series of questions and answers related to the reform document.

Questions and answers

1. Why release an official languages reform document?

Between March and May 2019, the Minister met with Canadians from across the country and from all spheres of society. Key community stakeholders and interested organizations participated in the dialogue sessions and made substantive submissions to parliamentary committees. As a result, hundreds of proposals were made to the Government of Canada.
Canadians were waiting to see the results of this exercise while the Government of Canada proceeded with the analysis.
The vision that emerges from this exercise is ambitious; it proposes innovative elements; it is broadly based within the Government of Canada; it relies on intergovernmental cooperation; it offers new protection for French and more measures for all official language minority communities, and; it proposes structuring government mechanisms.
We had to go back to the Canadian population to present our Government's clear intentions on modernizing the Act.

2. Is this a way to delay the tabling of a bill in due form?

No, a reform of Canada's language regime is not possible without amendments to the Official Languages Act.
The proposed reform includes some sixty important measures. The document presents a list of legislative changes to be made to the text of the Official Languages Act. It also includes an important proposal of a regulatory nature, a regulation on the taking of positive measures by federal institutions. It also proposes several administrative elements (such as cooperation between the federal institutions concerned and Statistics Canada to produce and collect data on official language minority communities). These last two types of measures are very important, but they will not be included in a bill.
An official languages reform document was thus a good way to present the government's overall vision to Canadians. The bill will be the next step.

3. Why did you wait so long to give this signal?

The Government of Canada has never stopped working on the modernization of the Official Languages Act since the review of the situation initiated by the Minister in March 2019.
The Government of Canada created an Interdepartmental Working Group co-chaired by Canadian Heritage, the Treasury Board Secretariat and Justice Canada to analyze the proposals made to it during the review, but also to conduct internal analyses.
A committee of Deputy Ministers for the modernization of the Act has been established to ensure a whole-of-government approach, including all federal partner institutions.
The work has proceeded uninterrupted, at a good pace, despite the unprecedented context of the COVID-19 pandemic, and a previous signal was given to Canadians in the September 2020 Speech from the Throne.
It goes without saying that the observations gathered during the pandemic with respect to official languages have been used to inform the analysis and the development of options for the reform.

4. Did the pandemic have a role to play in this approach?

The COVID-19 pandemic that began in early 2020 shook all government and parliamentary affairs.
The pandemic was revealing, including shortcomings in the language of communication and service when circumstances required urgent action.
However, despite the health and economic crisis, it is more necessary than ever to take into account the demands made and act to reform our language regime. The work has proceeded without interruption, at a good pace, despite an unprecedented context marked by the COVID-19 pandemic.

5. When will you introduce a bill?

The additional mandate letter given to the Minister of Economic Development and Official Languages asks her to introduce a bill in 2021, thus echoing the commitment in the September 2020 Speech from the Throne.

6. Generic question: Why is the official languages reform document silent on this or that proposal made by this or that group?

Between March and May 2019, the Minister met with Canadians from across the country and from all walks of life. Key community stakeholders and interested organizations participated in the dialogue sessions and made substantive submissions to parliamentary committees. As a result, hundreds of proposals were made to the Government of Canada, many of which are reflected in the official languages reform document.
However, some of these proposals were at odds with each other, or were difficult to implement in practical terms, or were hampered by the reality of the limits of the Government of Canada's powers in the Canadian federal system in the area of education, for example.
The official languages reform document seeks to go as far as possible in incorporating what Canadians have asked their government to do, while respecting what is possible. That is why certain choices had to be made.

7. Where did all these proposals come from, did the Minister consult people to arrive at this vision?

Between March and May 2019, the Minister met with Canadians from across the country and from all walks of life. Key community stakeholders and interested organizations participated in the dialogue sessions and made substantive submissions to parliamentary committees. As a result, hundreds of proposals were made to the Government of Canada.
A synthesis document listing the proposals heard was made public in the summer of 2019.
Among the many stakeholders who provided their views on the modernization of the Official Languages Act were the Senate Standing Committee on Official Languages, the House of Commons Standing Committee on Official Languages and the Commissioner of Official Languages, all of whom issued reports and made recommendations.
The Government of Canada created an Interdepartmental Working Group co-chaired by Canadian Heritage, the Treasury Board Secretariat and Justice Canada to analyze these proposals, but also to conduct internal analyses.
Consideration of the measures to put forth was also informed by Census data and surveys produced by Statistics Canada. The decline in the demographic weight of Francophones in Canada, certain data concerning the use of French and the peaking levels of the bilingualism rate among English-speaking Canadians are of great concern to the government.
The vision presented in the official languages reform document is a synthesis of all these considerations.

8. How much will this modernization cost?

First of all, it should be noted that certain measures in the reform, such as the appointment of bilingual judges to the Supreme Court, do not generate costs for the Government of Canada.
For the rest of the measures, the Government of Canada is not yet at the stage of providing Canadians with a quantified portrait of its official languages reform.
The official languages reform document is more of an opportunity for dialogue between the Government of Canada and Canadians, including provincial and territorial governments, to further develop the vision and concrete proposals put on the table.
For the next step, which is the tabling of a bill in Parliament, detailed financial analyses will be required and produced for all proposals that will then be included in the bill.

9. Why build on a recognition of the linguistic dynamics in the provinces and territories and of existing Indigenous language rights?

Linguistic realities vary considerably from one region of the country to another. Since the adoption of the Official Languages Act in 1969, all provinces and territories have adopted legislation or policies to ensure that they offer services in French or to recognize the contributions of their minority communities. These instruments reflect the particular circumstances of each province and territory. Federal institutions are not alone in taking measures to enhance the vitality of official language minority communities and to promote English and French.
It should also be noted that the Government of Canada is committed to implementing the calls to action made by the Truth and Reconciliation Commission, and it was important to proceed with the adoption of the first Indigenous Languages Act in 2019. This is a major step forward that must be taken into account as we take stock of the country's linguistic situation.
The Government of Canada proposes that the Official Languages Act specifically recognize these linguistic dynamics.

10. Why express a willingness to provide learning opportunities in both official languages?

Canadians have a positive view of bilingualism, especially among young people who see it as an opportunity to open up to the world. It is easy to measure: English-speaking parents have never enrolled their children in immersion classes as much as they do now, and Canadians are calling for more opportunities to learn French.
English-French bilingualism is essential to the proper functioning of federal institutions, it is a guarantee of social cohesion within Canadian society, and it allows for exchanges that promote understanding between our two major linguistic and cultural groups.
Nationally, 17.9% of Canadians are bilingual. More specifically, however, the 2016 Census tells us that, despite the efforts and interest of Canadian families, rates of bilingualism are very uneven among different populations.
Among the English-speaking majority, the rate is stagnating below 10%. It was rising for a long time, but has been stagnating for the past two decades.
Among French-speaking Quebecers, the rate is over 40%. Among English-speaking Quebecers, the rate is over 60%. Among Francophones living in minority situations, the rate is close to 90%.
The Government of Canada's goal is ambitious: to work with provincial and territorial governments to make the population more bilingual, ensuring that the English-speaking majority has access to learning opportunities that will enable them to become bilingual.

11. Why promote support for official language minority community institutions?

The presence of Francophone minority communities across the country and English-speaking communities in Quebec reflects a rich history.
By choosing to live in their first official language, the 2.1 million Canadians who are members of official language minority communities demonstrate resilience on a daily basis. Our Government recognizes the importance to these Canadians of initiatives led by and for their communities.
The challenges are significant (demographic weight, access to services, etc.), but maintaining this resilience is possible and necessary. To do so, we propose to act on the following levers:
- By relying on strong institutions within these communities;
- By relying on scientific data that makes it possible to measure the scope of the issues to be addressed and that provides vitality indicators; and
- By proposing a new regulation for implementing Part VII of the Official Languages Act to get federal institutions to take positive measures by listening to these communities.

12. Why encourage the protection and promotion of French everywhere in Canada, including Quebec?

The state of the French language in Quebec has improved since the sixties, since the time of the Laurendeau-Dunton Commission.
Nevertheless, we note that the use of the French language has lost ground in Canada despite the Official Languages Act and applicable provincial laws, including those in Quebec. The loss of the demographic weight of Francophones is an ongoing trend.
In spite of the efforts made and the great achievements, this situation is due to the minority position of French-speaking Canadians in North America. This situation is amplified by the development of digital technology and international trade that favor the use of English.
We are therefore at a crossroads. We propose to redouble our efforts to specifically support French, which is in a different situation than English. And we propose to act on the following levers:
- The progression toward the equal status of French and English;
- The implementation of measures to promote French in key sectors such as immigration, culture in the digital world; and
- Private companies under federal jurisdiction.
These measures will be taken while respecting the rights of Quebec's English-speaking communities, which will benefit from flourishing in a Quebec where the future of the French language is assured.

13. Why promote the exemplary nature of the Government of Canada?

For more than 50 years, the Government of Canada has worked to create a competent bilingual federal public service, increase the number of Francophones working in it, serve the population in the official language of its choice, promote awareness and appreciation of linguistic duality and support the development of official-language minority communities.
Its role is central and determining in the implementation of a language regime that effectively promotes the equality of status and use of English and French in Canada.
However, the picture is not perfect, and the Government of Canada has a duty to be exemplary in its implementation of the Act.
We propose to act on the compliance of federal institutions to improve the situation by acting on important levers:
- Bilingualism of the justice system and the Supreme Court;
- Strengthening a central agency, internal levers of accountability and coordination;
- Bilingualism in the public service; and
- Strengthening the powers of the Commissioner of Official Languages.

14. Why propose a periodic review of the Act and its implementation?

The last time the Official Languages Act was reviewed in depth was in 1988.
Canadian society is changing rapidly and will continue to do so. The Official Languages Act is an important piece of legislation that needs to adequately reflect the evolution and diversity of Canada's linguistic reality.
By proposing a periodic review, we are ensuring that this dynamic is nurtured in the future, and we are making sure that the next review does not take place in thirty years.

15. Is it possible to change the composition of the Supreme Court of Canada in this way?

No changes to the composition of the Supreme Court are being made with the publication of this document. The Government has already committed to appointing only truly bilingual judges to the Supreme Court of Canada. In 2016, it introduced a process for the appointment of these judges that evaluates the bilingualism of candidates, and this process has been rigorously followed ever since.
Under the Act, English and French have equal status before the federal courts. And, according to the Canadian Charter of Rights and Freedoms, English and French "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada’, which includes federal courts.
Section 16 of the Act provides for the right to be understood directly by judges, without the assistance of an interpreter, before all federal courts. However, this provision is subject to an exception for the Supreme Court of Canada.
It is the Government's view that modernization of the Act now provides an opportunity to review this exception for the Supreme Court in light of the situation as it exists today. The last few decades have fostered the development of a pool of jurists who are competent in both our official languages in all regions of the country.

16. Why be interested in federally regulated private enterprises?

In Canada, there are approximately 18,000 federally regulated private enterprises in Canada employing close to 815,000 people, representing 6.6% of the total private sector workforce in the country.
The Government of Canada regulates federally regulated private enterprises through legislation, regulations and policy instruments. In Quebec, for example, and unlike the Government of Quebec, the federal government does not impose any requirements regarding the use of its official languages as a language of service and work in private enterprises under its jurisdiction.
Several private companies under federal jurisdiction already recognize the importance of protecting and promoting French in the course of their activities. Thus, in Quebec, close to 40% of private companies under federal jurisdiction not subject to the Act, with 50 or more employees, have already voluntarily obtained a francization certificate from the Quebec government and are thus subject to the obligations of the Charter of the French Language applicable in Quebec.
The Government of Canada believes it is important to act within these companies to promote and protect the use of French as a language of service and work. That is why it is including them in the major reflection currently underway on the reform of our language regime.
However, it is broadening the reflection beyond Quebec to include regions with a strong Francophone presence across Canada.
A committee of experts was formed in March to study appropriate measures both in Quebec and in regions with a strong francophone presence. It will present options and recommendations to the Government of Canada.

17. Doesn't this reform proposal shake intergovernmental relations a bit, especially when it comes to provincial and territorial constitutional jurisdictions?

The proposed reform presents a positive vision of intergovernmental relations based on collaboration between the federal government and the provincial and territorial governments. This collaboration has existed for decades, particularly in key areas such as education, and it is proposed to build on this solid foundation.
The reform proposes a number of steps in this direction, including, by way of example:
- The recognition of language dynamics in the provinces and territories and existing Indigenous language rights.
- The willingness to work with provincial and territorial governments to develop a framework for the recognition of educational credentials received in Canada to facilitate the hiring of teachers who can work in French across the country, and to attract the best French language teachers from around the world.
- Encouraging cooperation between federal, provincial and territorial governments in the promotion and delivery of quality French second language education programs and access to them.
The proposals have been developed with respect for its federal partners. The Government of Canada also believes that the provinces and territories will recognize its willingness to do more to bring the benefits of having two official languages to all Canadians, in all parts of the country.
This document is an invitation to provincial and territorial governments to engage in a dialogue, and the Minister has sought out their comments to inform her thinking.

18. What's in the reform for English-speaking Quebecers?

One of the main areas of intervention of the reform is support for the institutions of official language minority communities. The official language minority communities, that is Francophones outside Quebec and the English-speaking communities in Quebec, are both targeted by this axis of intervention.
The presence of Francophone minority communities across the country and English-speaking communities in Quebec reflects a rich history. But we are also talking about 2.1 million Canadians who are members of these official language minority communities: this is also very important in strict demographic terms.
However, the two linguistic communities do not experience identical situations, and this reform recognizes it. There is no question of wall-to-wall solutions, nor of putting forward a form of symmetry when discussing these communities. The situation and needs of Quebec's English-speaking communities will be considered in their own right. The Government of Canada, in cooperation with the Government of Quebec, will protect and promote strong institutions for Quebec's English-speaking communities.

19. Why give the strategic role of horizontal coordination to a single minister?

All federal institutions are subject to the Act, and some have specific roles and responsibilities consistent with their respective mandates.
However, despite the mechanisms put in place to ensure that the Act is properly implemented, shortcomings remain:
- no institution is responsible for coordinating and monitoring all federal institutions;
- accountability is fragmented into multiple processes and reports, and it is not always timely;
- when developing policies and programs and making decisions, processes for assessing potential impacts on official language minority communities are not applied consistently.
To remedy this situation, the reform proposes to:
- entrust the strategic role of horizontal coordination to a single minister, to ensure effective governance and implementation; and to
- Strengthen and expand the powers of the Treasury Board Secretariat, including the authority to monitor compliance with Part VII of the Act.
The purpose of these proposals is to strengthen official languages coordination and accountability in all federal institutions.

20. What is the role of the Office of the Commissioner of Official Languages in this reform?

The 1969 Official Languages Act created the position of Commissioner of Official Languages. The Commissioner is responsible for promoting official languages and acting as an ombudsman in a spirit of cooperation with the parties concerned.
The Commissioner of Official Languages has a wide latitude for action, and can take all necessary measures to ensure recognition of the status of each official language and compliance with the Act. However, the Commissioner's ability to effect change is limited to making recommendations.
The Government proposes to strengthen the scope of its powers and to add a gradation to them:
- the use of alternative dispute resolution (facilitated process and others);
- Capacity to enter into binding agreements with federal institutions and entities subject to the Act to oversee the implementation of the changes he recommends, and;
- the power to make orders (obligation to make certain corrections).
The reform therefore proposes a strengthening of the current powers of the Commissioner of Official Languages in order to provide him with a continuum of tools required to resolve certain compliance issues.

21. Do these concrete changes to the Treasury Board Secretariat respond to stakeholders’ demand for a greater role for a central agency of government?

Stakeholders were divided on the solutions to the compliance issues of federal institutions. However, several voices called for a review of the role of central agencies in support of official languages. In that sense, the proposed reform responds to this call.
It is proposed that the Act be amended to strengthen and broaden the powers conferred on the Treasury Board Secretariat, in particular to give it the power to monitor compliance with Part VII of the Act.
In addition, the following administrative measures are proposed, which may also meet stakeholder expectations:
- Create an accountability and reporting framework to guide the federal government's official languages measures and provide a framework for the application of the Act.
- Strengthen the analysis of the impacts of initiatives developed by departments on official languages and official language minority communities.
- Include in Treasury Board Secretariat policy instruments requirements to be respected in relation to official languages in emergency situations.

22. Does this reform hinder the advancement of Indigenous languages?

No, on the contrary, the revitalization and strengthening of Indigenous languages and the reform of official languages are two government priorities that are being pursued at the same time.
The current Official Languages Act, in section 83, supports Indigenous languages in Canada, as evidenced by the passage of the first Indigenous Languages Act in 2019.
As part of this reform, it is proposed that section 83 of the Official Languages Act, which states that the Act does not abrogate or derogate from other language rights, be enhanced by explicitly mentioning Indigenous languages.

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Date modified:: 2021-07-30

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