Placemats

An Act for the Substantive Equality of Canada’s Official Languages

The language regime is being modernized to achieve the following outcomes:

• English and French enjoy substantive equality of status in Canada
• The French language is better supported across Canada thanks to:
  • new rights in federally regulated private businesses, rights that promote and protect the use of French as a language of service and a language of work in Quebec and in regions with a strong Francophone presence
• There is stronger support for official language minority communities, including Quebec’s English-speaking communities
• Federal institutions demonstrate better compliance with their obligations and respect rights thanks to enhanced monitoring by a central agency and expanded powers for the Commissioner

Key measures in the language regime modernization

1. Recognition of provincial/territorial realities and existing Indigenous language rights
2. Increased protection for French
3. Official languages learning
4. Protection for the institutions of official language minority communities
5. New rights for workers and consumers – Federally regulated private businesses
6. Strengthening the compliance of federal institutions
7. Access to justice
8. Increased powers for the Commissioner of Official Languages

Enhancements since Bill C-32 was introduced in June 2021:

• The powers of the Treasury Board will be further strengthened, allowing for improved official languages coordination and accountability across the Government of Canada.
• The Commissioner of Official Languages will have a new power, namely, the power to impose administrative monetary penalties on certain privatized entities and Crown corporations in the transportation sector communicating with and serving the travelling public.
• There will be a more detailed Francophone immigration policy with objectives, targets and indicators, in order to increase Francophone immigration to Francophone minority communities, immigration being a factor contributing to the demographic weight of those communities.
• The new rights in federally regulated private businesses in Quebec and in regions with a strong Francophone presence, which make it possible to work and receive service in French in these businesses, will now be introduced via a new statute.
• There will be new wording that is more explicit about the importance of Canada’s two major language communities
• There will be better direction on positive measures to be taken by federal institutions, for the benefit of official language minority communities and the advancement of English and French across Canada.
• Wording concerning emergencies will be added to the Act in order to provide a clearer reminder for federal institutions that the rights and safety of Anglophones and Francophones must be protected even in emergencies.
• The principles of statutory interpretation will now include the principle of the remedial nature of language rights, which seeks to remedy past injustices and ensure greater protection for official language minority communities across Canada.
• Minority language education will be supported by creating a process obligation for the federal government’s commitment to contribute to an estimate of the number of children whose parents have the right to have them educated in the minority official language.
• There will be stronger provisions on court decisions that must be translated, resulting in immediate translation of a greater number of decisions issued by federal courts.

Note: The federal government will continue to work in collaboration with the provinces and territories and note that the Official Languages Act is the key instrument ensuring that English and French enjoy equal treatment as to their use and status

Evolution of the Modernization of the Official Languages Act (Act) – Quick Reference

Content of existing Official Languages Act

Preamble and introductory sections

Key Amendments Proposed – C-32

• Improving horizontal coordination by assigning a new departmental responsibility to PCH, which would assume a leading role within the federal government in relation to the implementation of the Act. (section 4)
• Adding principles of interpretation for federal institutions and the courts through clauses providing that: (section 7)
  1. the interpretation must be large and liberal, i.e. the broadest interpretation of rights in Canada;
  2. the applicable norm is substantive equality.

What’s New? – C-13

• Adding a reminder in the preamble to the OLA that official languages rights and provisions apply even in emergencies and new wording more clearly recognizing the importance of Canada’s two major linguistic communities. (section 2)

Improving protection for linguistic minorities across Canada by adding the principle of the remedial character of language rights to the principles of interpretation. (section 7)

I - Proceedings of Parliament

II - Legislative and Other Instruments

III - Administration of Justice

Right to be heard in the official language of one’s choice (civil proceedings before federal courts, with the exception of the Supreme Court of Canada)

Key Amendments Proposed – C-32

• Removing the exemption for the Supreme Court of Canada concerning the right to be heard in either official language. (section 11)

What’s New? – C-13

Strengthening the provisions on court decisions to provide for immediate translation of a greater number of decisions issued by federal courts. (section 12)

IV - Communications with and Services to the Public

V - Language of Work

VI - Participation of English-speaking and French-speaking Canadians

VII - Advancement of English and French

Enhancing the vitality and supporting the development of Canada’s English and French linguistic minorities, and promoting English and French in Canadian society (positive measures)

Key Amendments Proposed – C-32

• A number of substantive amendments and enhancements concerning the duty of federal institutions to take positive measures, including an acknowledgement of the importance of opportunities to learn the second official language, a reference to specific sectors essential to the development of minorities, a commitment to contributing to an estimate of the number of children whose parents have the right to have them educated in the official language of the minority and an acknowledgement that French is sometimes in need of more forceful measures due to the predominant use of English in North America. (section 21)
• Additions and changes to the measures that Canadian Heritage takes to advance the equality of status and use of English and French in Canadian society, including a commitment to promote Francophone culture within its portfolio, to make the Court Challenges Program permanent, to strengthen the commitment to official language learning, and to foster public acceptance and appreciation of the official languages. (section 23)
• Requirement to adopt a federal policy on Francophone immigration conducive to the vitality of Canada’s Francophone minorities. (section 24)
• Subjecting federally regulated private businesses (designated businesses) in Quebec and in certain regions of Canada with a strong Francophone presence to the Act, to ensure that consumers can receive service in French and that employees can work in French in the designated regions. (section 26 -31)
• Provide for the development of regulations governing the new regime for designated businesses, regulations that will include a definition of regions with a strong Francophone presence and prescribe the size of FRPB subject to the new obligations. (section 32)

What’s New? – C-13

• Enhancements and additional clarifications on the duty of federal institutions to take positive measures, including: (section 21)
  1. new clarifications on what is expected of federal institutions in terms of positive measures;
  2. a requirement to consider the priorities of English and French linguistic minorities in dialogue and consultation activities leading to positive measures;
  3. stronger support for implementation of the right (set out in the Charter) to minority-language education through the creation of a requirement for the government to contribute to an estimate of the number of children of rights holders; and
  4. an explicit acknowledgement of the historical and cultural importance of Canada’s English and French linguistic minority communities.
• Requiring robust implementation of the federal policy on Francophone immigration through objectives, targets and indicators in order to increase Francophone immigration to French linguistic minority communities and contribute to maintaining or increasing the demographic weight of those minorities. (section 23)

VIII - Responsibilities and Duties of Treasury Board in Relation to the Official Languages of Canada

Key Amendments Proposed – C-32

• Strengthening and expanding the Treasury Board’s oversight and reporting powers by making certain discretionary powers mandatory and by expanding its mandate to develop and coordinate implementation policies. In addition, allowing the Board to establish policy instruments to implement the commitment to promote English and French, in consultation with the Minister of Canadian Heritage. (Section 33)

What’s New? – C-13

Further strengthening the powers of the Treasury Board to allow for better official languages coordination and accountability and to entrench the duty to act in the statute. (section 25-26)

IX - Commissioner of Official Languages

Key Amendments Proposed – C-32

• New powers for the Commissioner of Official Languages to make public his recommendations, findings and summaries of investigations, to refuse to investigate certain complaints, to enter into compliance agreements and to issue orders. (section 39-43)
• The Commissioner will have the role of receiving and dealing with service-related complaints from consumers in connection with the new federally regulated private businesses regime, which is essentially identical to the existing complaints process. (section 45)

What’s New? – C-13

• Strengthening the powers of the Commissioner of Official Languages by giving him a new power to impose administrative monetary penalties on certain privatized entities and Crown corporations in the transportation sector that communicate with and serve the travelling public. (Section 37)

X - Court Remedy

Key Amendments Proposed – C-32

• A different remedy for language-of-work complaints against designated businesses. This process involves a special role for the Canada Industrial Relations Board where the Commissioner is unable to resolve the complaint. (Section 50) investigations, to refuse to investigate certain complaints, to enter into compliance agreements and to issue orders. (section 39-43)
• The Commissioner will have the role of receiving and dealing with service-related complaints from consumers in connection with the new federally regulated private businesses regime, which is essentially identical to the existing complaints process. (section 45)

Concluding sections and administrative details

Key Amendments Proposed – C-32

• Explicitly acknowledging the importance of reclaiming, revitalizing and strengthening Indigenous languages in Canada and the fact that nothing in the Act must impede the objective of maintaining and enhancing those languages. (section 51)

Gradual coming into force of certain provisions by order-in-council, including the provisions on designated businesses and the Francophone immigration policy. (section 70)

*New* Use of French in Federally Regulated Private Businesses Act

What’s New? – C-13

Creating a new statute providing for new rights to work and to be served in French in federally regulated private businesses in Quebec and in regions with a strong Francophone presence. (section 54-71)