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Part C: Platform Commitments

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Overview of Platform Commitments: Department of Canadian Heritage

The Department has monitored the Liberal Party’s election platform commitments that relate to the mandate of Canadian Heritage and its Portfolio organizations. An overview of these commitments is provided below and more information on how to implement these commitments is found in the tabs that follow.

1. Supporting Arts and Culture

A. Canadian Content on Online Platforms

B. Canadian Broadcasting Corporation (CBC)/Radio-Canada

C. Digital Intermediaries

D. Telefilm Canada

E. Cultural Diplomacy

F. Museums

G. Culture Pass

2. Building a Better Future with Indigenous Peoples

A. Indigenous Matters

B. Indigenous Languages

C. Indigenous Cultural Property and Ancestral Remains

Towards an Equitable Canadian Broadcasting System

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

Legislative considerations

FPT considerations

International considerations

Indigenous peoples considerations

Stakeholder perspectives

Urban/rural and regional considerations

Timing

Cost implications

F. Alternative Approaches or Complementary Measures

The Canadian Broadcasting Corporation/ Radio-Canada

A. Topic

The Canadian Broadcasting Corporation/Radio-Canada (CBC/Radio-Canada or the Corporation) has recently launched its new three-year strategic plan [REDACTED]

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

Legislative considerations

FPT considerations

International considerations

Indigenous peoples considerations

Urban/rural and regional considerations

Stakeholder perspectives

Timing

F. Alternative Approaches or Complementary Measures

Accountability and transparency of digital intermediaries in Canada

A. Topic

B. Background and current status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed action and rationale

D. Implementation

E. Strategic considerations

Legislative considerations

FPT considerations

International considerations

Indigenous peoples considerations

Stakeholder perspectives

Timing

Cost implications

F. Alternative approaches or complementary measures

An Audiovisual Policy Framework for Canada

A. Topic

Canada’s federal audiovisual support policies and programs are increasingly out of date and require review and updating to reflect modern and future realities.

B. Background and Current Status

The Canadian content production industry is facing significant disruption: online streaming is shifting audiences, changing the way content is consumed, changing the nature of the broadcasting system, and expanding the competition for audience attention. Existing federal mechanisms to support Canadian content production are increasingly challenged by these disruptions, as they lack a unified direction, were created long before Internet-based business models existed, and are predicated on the assumption of a closed broadcast and distribution environment, which no longer exists in any practical way.

Additionally, while the production industry, as a whole is performing well, reaching $8.92 billion in 2017-2018 and creating a total of 179,000 direct and spin-off full-time equivalent jobs, this growth is attributable to an increase in foreign location service productions (i.e., foreign companies coming to Canada to shoot their films), not Canadian content production – a difference that is exacerbated by revenue declines in the television broadcasting industry, which funds a significant portion of Canadian content production.

Sector stakeholders are calling for immediate action. In response, several political parties made commitments during the 2019 federal election relating to the audiovisual production sector, including increased and/or stabilized funding (Liberals, NDP, Bloc Quebecois, Greens), service standards for funding programs (NDP), and various changes to the relationship between Quebec and federal funding programs and agencies (Greens, NDP). Additionally, the Broadcasting and Telecommunications Legislative Review is exploring these issues from a legislative and regulatory perspective. Equally important, however, is that content production support toolkits respond to the sector’s continuously evolving needs and are able to deliver on our cultural objectives by supporting production across the entire sector.

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

The following actions are proposed:

In terms of the rationale for action, the Department is responsible, under the Broadcasting Act and as part of its mandate, to ensure Canadians have access to audiovisual content that is reflective of their culture, diversity and voices. A key part of its capacity to meet this obligation is its suite of policies and programs intended to provide financial and other support for relevant audiovisual productions, particularly in cases where they would be at risk of market failure without government intervention. As part of this mandate, the Government of Canada currently subsidizes a significant portion of this content. For example, in the case of Canadian feature film, funding from all levels of governmentFootnote 1 makes up 59 percent of total production financing. For television, it’s 54 percent.

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D. Implementation

[REDACTED] The proposed sequencing is as follows:

E. Strategic Considerations

Legislative considerations

[REDACTED]

FPT considerations

[REDACTED]

International considerations

[REDACTED]

[REDACTED]

Indigenous peoples considerations

[REDACTED]

Stakeholder perspectives

[REDACTED]

[REDACTED]

[REDACTED]

Urban/rural and regional considerations

[REDACTED]

Timing

It is important to note that while this proposal lays out [REDACTED] the recommendations of the Broadcasting and Telecommunications Legislative Review (January 2020) [REDACTED]

Cost implications

[REDACTED]

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Machinery of Government considerations

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F. Alternative Approaches or Complementary Measures

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Journalism and the News Ecosystem

A. Topic

B. Background and current status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

[REDACTED]

E. Strategic considerations

Legislative considerations

[REDACTED] This last issue is addressed in a separate transition fiche.

FPT considerations

In view of the potential positive social impacts of local and civic-function news, the economic challenges facing the industry are of general concern: an effective response will benefit from – and perhaps demand – greater coordination and collaboration across all levels of government. With the exception of Quebec, most provinces and territories have not yet implemented concrete measures to address the precarious state of local and regional news in their own jurisdictions. [REDACTED]

International considerations

[REDACTED]

Indigenous peoples considerations

The Aboriginal Peoples Television Network provides a range of regional and national television and online news that focuses on Indigenous issues and stories that may be ignored, under-reported, or misrepresented by mainstream media. The Canadian Radio-television and Telecommunications Commission has also licenced a number of Indigenous radio services, though predominantly in larger urban centres.

[REDACTED]

Stakeholder perspectives

While industry stakeholders do not hold a unanimous position, many – including most news providers, unions, and professional journalists’ associations – advocate in favour of government intervention in the sector. However, some journalists question whether additional government interventions in the news industry may be necessary or justified. The majority of non-digital stakeholders support government intervention, particularly in Quebec. However, a number of media commentators have been critical of government support arguing it risks compromising the independence (or at least perceived independence) of news organizations.

With respect to the role and potential market impacts of the national public broadcaster, a number of news providers have singled out CBC/Radio-Canada as a major competitor, arguing that its ability to run advertising against publicly subsidized content constitutes a significant economic advantage that is further compounding pressure on the industry.

Urban/rural and regional considerations

The structural deterioration of the news industry’s traditional revenue model raises a number of public-policy concerns. The ongoing cuts, closures, and service reductions in many markets across Canada are leading to news poverty or even news deserts in certain regions as coverage becomes increasingly concentrated in larger centres.

Cost implications

The Department of Finance has estimated that the current federal fiscal measures to support journalism will represent a tax expenditure of $595 million over the next five years. Several stakeholders consider that this estimate is too high, especially with regard to amounts allocated for charitable giving incentives under its current formulation. [REDACTED]

[REDACTED]

F. Alternative Approaches or Complementary Measures

[REDACTED]

[REDACTED]

Copyright Policy and Creators

A. Topic

B. Background and Current Status

Parliamentary Review of the Copyright Act

Canada – United States – Mexico Agreement

Elements of Electoral Platforms

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

Legislative considerations

FPT considerations

International considerations

Indigenous peoples considerations

Stakeholder perspectives

Urban/rural and regional considerations

Timing

F. Alternative Approaches or Complementary Measures

Cultural Diplomacy Framework

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

Provinces and Territories (PTs) are active internationally, and culture is a shared jurisdiction. [REDACTED]

International considerations

By equipping itself with a Framework, PCH would strengthen its ability to support Canadian cultural diplomacy and, in so doing, move towards more strategic and efficient methods such as those implemented by like-minded countries, such as Australia, France and the United Kingdom.

[REDACTED]

Indigenous peoples considerations

[REDACTED]

Stakeholder perspectives

Portfolio organizations have consistently sought increased PCH coordination in the area of international engagement. [REDACTED].

[REDACTED]

[REDACTED]

Urban/rural and regional considerations

[REDACTED]

Timing

[REDACTED]

Cost implications

[REDACTED]

F. Alternative Approaches or Complementary Measures

[REDACTED]

Indigenous Matters at Canadian Heritage

A. Introduction

Canadian Heritage’s mandate positions the Minister and the Department to contribute meaningfully to federal policy initiatives aiming to promote greater respect and equity for Indigenous peoples in Canada. The Department’s policies, programs and levers can be used to increase Canadians’ understanding of Indigenous realities, counter stereotypes and reflect Indigenous peoples as diverse, modern and creative people. This paper outlines the federal Indigenous policy context and the role Canadian Heritage plays within it, both in terms of present activities and potential future action.

B. Policy Context

There are three distinct, constitutionally-recognized groups of Indigenous peoples in Canada: First Nations, Inuit and Métis.Footnote 2 Within these three large groupings, diversity is the rule, and each Indigenous community has its own distinct history and unique relationship with Canada (e.g., the First Nations group includes more than 600 individual communities, possessing nearly 90 distinct languages). The reality of Indigenous diversity presents challenges to creating policy at the federal level that is responsive to Indigenous needs, because these are almost always conditioned by local factors. Since the 1960s, the Government has attempted to gather Indigenous perspectives on policy by collaborating with national and regional Indigenous representative organizations. These organizations have been instrumental in that regard, but they do not replace Indigenous governments, and to ensure its policies and programs respond to local conditions, Canada has taken steps to engage directly with Indigenous peoples.

Despite recent improvements to some baseline indicators, the gap between Indigenous socio-economic conditions in Canada and those of Canadians as a whole has not diminished. Statistics Canada census data collected in 2016 indicates: one in five Indigenous Canadians lived in a dwelling that required major repairs; nearly one in five of Indigenous people lived in crowded housing; Indigenous children made up half of the children in foster care in Canada; Indigenous employment rates have not increased since 2006; and mental health challenges, suicide rates, food insecurity, victimization, and incarceration rates were all well above national averages for Indigenous peoples. These are the outcomes of national policy and legislation that sought to eliminate Indigenous peoples by assimilating them into the broader Canadian society, as reflected in: the Indian Act; the establishment and maintenance of the Indian residential schools system; the “Sixties Scoop” of Indigenous children from the families and communities; the repression of traditional governance systems, languages and other cultural practices; the continuing erosion of the Indigenous land base and resources; forced relocations of communities; inadequate responses by authorities to missing and murdered Indigenous women and girls; critically sub-standard housing and social infrastructure; and many other examples.

Since 1990, the Government of Canada has undertaken two major commissions and one major inquiry to examine the plight of Indigenous peoples in Canada. The first of these was the Royal Commission on Aboriginal Peoples (commonly known as RCAP), established in 1991 to investigate and propose solutions to the fractured relationship between Indigenous peoples, the Government of Canada and Canadian society as a whole. RCAP produced a five-volume, 4,000-page report in 1996, containing 440 recommendations. Though many years have passed, many of its recommendations have not been addressed.

The second was the Truth and Reconciliation Commission. The commission was established as part of the Indian Residential School Settlement Agreement, reached between the Government of Canada, residential school Survivors, Indigenous organizations and the implicated churches – the largest class action suit in Canadian history. The commission delivered its final report in December 2015, with 94 Calls to Action organized under 22 thematic headings. At the time of its release, the government committed to implement each call to action under federal jurisdiction, assigning each call to action to departments with responsive mandates, and communicating progress to Canadians through an on-line tracker. For a detailed list of the Calls to Action for which Canadian Heritage is responsible, and their completion status, please see Annex A. Note that the Government reports publicly via the CIRNAC website on its progress in implementing the Calls to Action, including those for which Canadian Heritage is responsible.

Finally, in 2016, the Government of Canada, along with the provinces and territories, launched the National Inquiry into Missing and Murdered Indigenous Women and Girls to “report on the systemic causes of all forms of violence against Indigenous women and girls, including sexual violence.” The inquiry concluded that persistent colonial structures and policies in Canada are among the root causes and argued that Canada’s policies, omissions and actions respecting violence against Indigenous women and girls amount to genocide. The final report contained 231 Calls for Justice directed towards governments, industry, the health and justice systems, the media, and all Canadians. A number of these Calls for Justice impact Canadian Heritage, which will be addressed below. For a list of the Calls for Justice for which Canadian Heritage is responsible, please see Annex B. The Québec provincial government undertook a separate inquiry related to the practices of provincial services in relation to disappearances and maltreatment of Indigenous women and girls. In 2019, the Public Inquiry Commission on Relations Between Indigenous Peoples and Certain Public Services in Québec: Listening, Reconciliation and Progress (Viens Commission) concluded, and proposed 142 Calls for Action to reform the delivery of provincial public and social services.

Indigenous peoples have also engaged international bodies on their relationships with Canada, notably the United Nations. In 2007, the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples (commonly known as UNDRIP, or the Declaration). Canada expressed support for the Declaration in 2010 and announced its unqualified support in 2016. The Declaration consists of 46 articles that address a wide variety of individual and collective rights of Indigenous peoples on such matters as culture, identity, religion, language, health, education, and community. Private Member’s Bill C-262 (introduced by NDP Member of Parliament Romeo Saganash) sought to ensure that Canada’s laws would be harmonized with the Declaration; C-262 died on the Senate order paper in 2019. In October 2019, the provincial government in British Columbia tabled a bill meant to create a legal requirement and provide a framework for the province to align its laws with the standards of the Declaration; and in September 2019, the Viens Commission recommended that the National Assembly adopt a motion to recognize and implement UNDRIP in Québec.

RCAP, the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the Declaration have raised awareness in Canada regarding Indigenous rights. Each of these bodies underlined the importance of supporting language, culture, and artistic expression to ensure Indigenous perspectives are recognized and respected. An Environics public opinion survey in 2016 indicates that most Canadians have positive views of Indigenous peoples and are supportive of efforts to promote reconciliation with Indigenous peoples and improve socio-economic conditions. Support varied by region, however, and there is the potential that Canadians could find the level of financial investment required to achieve substantive progress difficult to comprehend and accept. Implementation in whole or in part of RCAP, of the articles of the Declaration, and of the recommendations of the Truth and Reconciliation Commission and of the National Inquiry into Missing and Murdered Indigenous Women and Girls would require concerted investment and effort by many federal governments, coordinated with other orders of government in Canada, including Indigenous governments.

Under section 91(24) of the Constitution Act, 1867, responsibility for “Indians, and lands reserved for Indians” was assigned to the federal government, which includes First Nations, Inuit, and Métis and Non-Status Indians. On the other hand, provinces have jurisdictional authority over health, education, and social services, though the federal government provides certain programs and services in these areas. Moreover, the federal government can and does provide supports and services to Indigenous peoples living in urban areas. The jurisdictional overlap creates a complex landscape of inconsistent program eligibility and delivery that can lead to uneven outcomes. In an effort to correct this situation and to bring decision-making closer to communities, the federal government has increasingly cooperated and entered into agreements with provincial and territorial governments, and Indigenous governments and governing bodies to deliver services to Indigenous communities (the new Indigenous Languages Act, for which Canadian Heritage is responsible, continues the trend). Additionally, orders of the Canadian Human Rights Tribunal since 2016 require that Canadian governments work through the jurisdictional challenges to ensure that First Nations children have equitable access to government services that other Canadians take for granted. Ensuring equal access to quality services for Indigenous peoples over the long term requires the commitment of all orders of government.

Currently, there are two federal departments with primary responsibility for Indigenous relationships, policy and services: Indigenous Services Canada (ISC), which is focused on improving access to high quality services including the eventual transfer of administration to Indigenous governments, and Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), which is focused on the renewal and strengthening of relationships between Indigenous peoples and Canada, as well as matters related to the North.

Besides CIRNAC and ISC, there are 32 other federal departments and agencies that have responsibilities to meet Canada’s obligations and commitments to Indigenous peoples. As examples, Justice Canada administers the Indigenous Justice Program, which supports community-based justice programs as potential alternatives to mainstream justice processes; and Environment and Climate Change Canada administers the Indigenous Guardians Pilot Program, which provides Indigenous peoples with greater opportunities to exercise responsibility in the stewardship of traditional lands, water and ice.

Even in the absence of specific administrative responsibilities for targeted programs, all departments may contribute to advancing reconciliation by increasing the participation of Indigenous peoples in federal policy and programs, ensuring policy and programs are inclusive and do not discriminate against Indigenous peoples, and contributing to improving outcomes for Indigenous peoples in areas related to their mandates.

C. Role of Canadian Heritage

The Department of Canadian Heritage is positioned to fill leadership and support roles in the Indigenous policy space, delivering on Canada’s obligations and commitments. The arts, culture, diversity and language – cornerstones of the Department’s mandate – are powerful avenues to inclusion and understanding, connecting communities, and enriching the lives of Canadians.

Current obligations and commitments for the Minister and the Department that connect to the Indigenous policy space include implementation of the new Indigenous Languages Act, supporting Indigenous broadcasting, leading Canada’s Anti-Racism Strategy, managing cultural heritage policy and funding cultural institutions, funding safe and inclusive sport, and supporting journalism and broadcasting.

As a funding body, Canadian Heritage has considerable experience collaborating with other orders of government and arm’s length organizations on the delivery of cultural services. As the federal lead on anti-racism, the Department is mandated to positively influence social change and promote diversity and inclusion. As the federal lead on museums and archives, the Department can take steps to ensure that Indigenous peoples are presented as living, diverse, modern, and creative individuals, and that Indigenous artifacts taken without permission are appropriately and respectfully repatriated to their communities. As the federal lead on national celebrations and events in the National Capital, and in its role as funder of heritage, art, and culture organizations, Canadian Heritage can support the articulation of an inclusive national narrative that reflects the history and realities of Indigenous peoples in Canada. Initiatives to inform and engage non-Indigenous Canadians on Indigenous matters fit squarely within Canadian Heritage’s mandate and are essential to managing productive and respectful relationships with Indigenous peoples.

While there are many ways the Department’s existing work advances the objectives above, there are opportunities for the Department to take a more targeted approach to further the discussion around the shared history of Indigenous peoples and non-Indigenous Canadians, and address misconceptions and racist assumptions while building a more inclusive and common path forward for Canadian identity. In particular, there are opportunities to leverage strong relationships and networks of partners in the media, cultural organizations, schools, and portfolio organizations for improvements that would enhance Canadians’ understanding and appreciation for Indigenous cultures and histories. [REDACTED]

There are two Indigenous files of primary importance for Canadian Heritage: implementation of the Indigenous Languages Act, and a proposed framework for repatriation of Indigenous cultural property and ancestral remains. Advice on these is contained in more detailed individual fiches.

In addition to these, there are several other Indigenous topics relating to Canadian Heritage’s mandate. More detailed briefings on these are available at your request.

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Annex A

CTA Progress to Date/ Current Status (complete, well underway or early planning) Next Steps for Implementation
13. Call upon the federal government to acknowledge that Aboriginal rights include Aboriginal language rights. Lead: PCH Complete N/A
14. Call upon the federal government to enact an Aboriginal Languages Act. Lead: PCH Complete N/A
15. Call upon the federal government to appoint, in consultation with Aboriginal groups, an Aboriginal Languages Commissioner. Lead: PCH

Well Underway

Progress to date: A Coming Into Force Order brought the following sections of the Indigenous Languages Act into effect on August 29, 2019: Short Title (Section 1); Interpretation (Sections 2 – 4); Purposes of the Act (Section 5); Rights Related to Indigenous Languages (Section 6); Powers, Duties and Functions of the Minister (Sections 7 – 10); Federal Institutions (Sections 10.1 – 11); Office of the Commissioner of Indigenous Languages (Sections 13, 13.1, 15, 16, 19)
  • Pursuant to sc.13 of the Indigenous Languages Act, PCH will be working with various Indigenous partners to draft an accountability profile for the Commissioner and three Director positions within the proposed Office of the Commissioner of Indigenous Languages, and will be working closely with those partners and the Privy Council Office to undertake the assessment, selection and appointment process.
67. Call upon the federal government to provide funding to the Canadian Museums Association to undertake, in collaboration with Aboriginal peoples, a national review of museum policies and best practices to determine the level of compliance with the United Nations Declaration on the Rights of Indigenous Peoples and to make recommendations. Lead: PCH Complete N/A
68. Call upon the federal government, in collaboration with Aboriginal peoples, and the Canadian Museums Association to mark the 150th anniversary of Canadian Confederation in 2017 by establishing a dedicated national funding program for commemoration projects on the theme of reconciliation. Lead: PCH Complete N/A
69. Call upon Library and Archives Canada to:
  1. Fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples.
  2. Ensure that its record holdings related to residential schools are accessible to the public.
  3. Commit more resources to its public education materials and programming on residential schools.
Lead: PCH

Status: Well underway

Progress to Date: As part of Budget 2017, LAC received $14.9 million to support the digitization of existing Indigenous language and cultural materials and to support an oral testimonies project to document Indigenous heritage. As a result, LAC created the Indigenous Documentary Heritage Initiatives:

(1) We Are Here: Sharing Stories: digitizes Indigenous-related content in LAC’s collection to increase online access to these materials; and

(2) Listen, Hear Our Voices: provides free digitization services for Indigenous communities to have their audiovisual recordings converted to digital files.

LAC also established an Indigenous Advisory Circle to ensure meaningful consultations with Indigenous partners for providing advice, as LAC’s five-year Indigenous Heritage Action Plan.
  • LAC’s Indigenous Heritage Action Plan progress report covering the first half of FY 2019-20 will be made public in late 2019.
  • LAC will continue to work with its partners to preserve and make available historical material related to residential schools, while ensuring the protection of personal information and privacy.
  • LAC has and will continue to engage with Indigenous communities as part of the design process for the new joint facility it is constructing alongside the City of Ottawa and the Ottawa Public Library. To date, dedicated consultations have taken place with Algonquin communities, the urban Indigenous community in Ottawa and through the Indigenous Advisory Circle. The joint facility will include dedicated Indigenous spaces as well as Indigenous art and design considerations.
70. Call upon the federal government to provide funding to the Canadian Association of Archivists. Lead: PCH

Status: Well underway

Progress to date: In 2016, a non-governmental committee called the Standing Committee on Canada's Archives was established, in part, to oversee the implementation of Call to Action 70. The Standing Committee will receive and review a final report by the Truth and Reconciliation Commission Report Response Task Force (TRC TF), which is an independent body of which Library and Archives Canada is a member. The TRC TF’s preliminary data collected through primary research methods (survey, outreach interviews, etc.) was released in March 2019 in a draft “Indigenous Outreach Summary Report”.
  • Work is underway to produce a final report.
80. Call upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation. Lead: PCO

Status: Early planning

Progress to date: In 2017, a private member's bill introduced by NDP MP Georgina Jolibois (Desnethé—Missinippi—Churchill River), Bill C-369, was introduced, which addressed Call to Action 80. The Government supported this bill with proposed amendments to establish a statutory holiday on September 30 as the National Day for Truth and Reconciliation.

The bill failed to pass because Parliament dissolved for the 2019 fall federal election, while it was still in the Senate.
  • To fully respond to Call to Action 80, legislation would need to be re-introduced to establish a statutory holiday.
  • In the interim, to raise awareness of the legacy of residential schools and to create a positive environment for reconciliation, Budget 2019 committed $7 million in funding over two years, starting in 2019-20; funding is being delivered through Canadian Heritage for activities recognizing and commemorating the legacy of residential schools.
81. Call upon the federal government, in collaboration with Survivors and their organizations, and other parties to the Settlement Agreement, to commission and install a publicly accessible, highly visible, Residential Schools National Monument in the city of Ottawa. Lead: PCH Early planning
  • Engagement with Survivors began in October 2019 to better understand the vision and approach for the monument project. As Canadian Heritage has the mandate for managing national monuments in Canada’s Capital Region, the Department is well positioned to deliver on this Call to Action.
  • Funds will need to be secured to continue work on this project.
83. Call upon the Canada Council for the Arts to establish, as a funding priority, a strategy for Indigenous and non-Indigenous artists to undertake collaborative projects and produce works that contribute to the reconciliation process. Lead: PCH Complete N/A
84. Call upon the federal government to restore and increase funding to the CBC/Radio-Canada. Lead: PCH Complete N/A
87. Call upon all levels of government, in collaboration with Aboriginal peoples, sports halls of fame, and other relevant organizations, to provide public education that tells the national story of Aboriginal athletes in history. Lead: PCH

Complete/ Ongoing component

Progress to Date: In 2017, Sport Canada provided funding to the Aboriginal Sport Circle (ASC), to relaunch the Tom Longboat Awards. This program honours Indigenous athletes for their outstanding contributions to sport in Canada. On October 18, 2018, the two national recipients, Michael Linklater (Saskatchewan) and Jocelyne Larocque (Manitoba), were honoured at Canada’s Sports Hall of Fame Induction Ceremony at the Metro Toronto Convention Centre. Sport Canada will continue to work in collaboration with the Aboriginal Sport Circle to identify opportunities to tell the national story of Indigenous athletes.

The National Coaching Awards for Indigenous Excellence was presented to the Aboriginal Sport Circle, in partnership with the Coaching Association of Canada, to a female and a male Indigenous coach at the Petro Canada Sport Leadership Awards Gala on November 9, 2019 in Richmond, British Columbia.
  • Work is ongoing to ensure that this initiative continues
88. Call upon all levels of government to take action to ensure long-term Aboriginal athlete development and growth, and continued support for the North American Indigenous Games, including funding to host the games and for provincial and territorial team preparation and travel. Lead: PCH

Complete/ Ongoing Component

Progress to Date: In Budget 2017, the Government invested $18.9 million over five years, starting in fiscal year 2017 to 2018, and ongoing funding of $5.5 million every four years thereafter, to support Indigenous youth through sport initiatives, including:

  • Indigenous sport leadership
  • culturally relevant sport programming
  • the North American Indigenous Games (ongoing)
  • Sport Canada's data and research (ongoing)

As this initiative is implemented, the government will look for opportunities to profile excellence among Indigenous youth in sport.

In Budget 2018, the Government invested $47.5 million over five years and $9.5 million per year ongoing, to expand the use of sport for social development in more than 300 Indigenous communities.
  • The Federal Provincial Territorial Ministers have approved recommendations made by the Federal-Provincial/Territorial Sport Committee workgroup, which included Indigenous representation from the Aboriginal Sport Circle, on an updated North American Indigenous Games hosting framework and rotation framework to start in 2024.
  • In 2018, Sport Canada has formed a Review Committee to make recommendations to the Minister for Science and Sport regarding approval and funding levels for the Stream 2 project applications. Sport Canada officials invited each of the National Indigenous Organizations (NIOs) (the Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK), and the Métis National Council (MNC)), as well as the ASC, to provide candidates with expertise in Indigenous sport, sport for development and/or community development. In addition, Sport Canada sought and identified an Elder and a representative from Indigenous Services Canada with similar knowledge/experience, who were also appointed to the Committee.
89. Call upon the federal government to amend the Physical Activity and Sport Act. Lead: PCH

Early planning

Progress to Date: Call to Action 89 is a longer-term deliverable given changes to the legislation will require consultation with other federal government departments in collaboration with the Aboriginal Sport Circle. The ongoing work in other areas related to Indigenous sport development will lay the foundation for the future amendment of the Physical Activity and Sport Act.
90. Call upon the federal government to ensure that national sports policies, programs, and initiatives are inclusive of Aboriginal peoples. Lead: PCH
  • Well Underway

Progress to Date: In Budget 2017, the Government invested $18.9 million over 5 years, starting in fiscal year 2017 to 2018, and ongoing funding of $5.5 million every 4 years thereafter, to support Indigenous youth and sport initiatives.

In Budget 2018: The Government invested $47.5 million over five years and $9.5 million per year ongoing, to expand the use of sport for social development in more than 300 Indigenous communities.
  • The Federal Provincial Territorial Ministers have approved recommendations made by the Federal-Provincial/Territorial Sport Committee workgroup, which included Indigenous representation from the Aboriginal Sport Circle, on an updated North American Indigenous Games hosting framework and rotation framework to start in 2024.
91. Call upon the officials and host countries of international sporting events such as the Olympics, Pan Am, and Commonwealth games to ensure that Indigenous peoples' territorial protocols are respected. Lead: PCH

Well Underway

Progress to Date: Sport Canada is reviewing the engagement process of Indigenous groups regarding the planning and delivery of the Vancouver 2010 Olympic and Paralympic Games and the Toronto 2015 Pan and Parapan American Games for determining how to entrench CTA 91 into Hosting Program documents. In addition, Sport Canada will work in close collaboration with the organizing committees of International Major Multisport Games to ensure they are aware of and acting upon this Call to Action.
  • Sport Canada is coordinating the development of a multiparty framework/model that supports Canadian major sport event bids and events. It will involve collaboration across multiple stakeholders including event franchise holders, orders of government, and federal departments/agencies. This exercise will increase impacts and legacies and engrain core priorities such as Call to Action 91 into consistent practice in Canada.

*Abridged version

Annex B – National Inquiry into Missing and Murdered Indigenous Women and Girls – Calls for Justice within PCH’s Mandate

The National Inquiry into Missing and Murdered Indigenous Women and Girls was launched by the federal government, along with the provinces and territories, on September 1, 2016, in response to the Truth and Reconciliation Commission’s Call to Action #41. The Inquiry conducted in-depth study and analysis on the issue of missing and murdered Indigenous women and girls, collecting information from community and institutional hearings; past and current research; collaborating with Elders and Knowledge Keepers; and conducting forensic analysis of police records.

The Inquiry’s Final Report, “Reclaiming Power and Place,” was released on June 3, 2019. The Final Report delivered 231 Calls for Justice, identifying the need for transformative legal and social change to address the circumstances resulting in the crisis of violence against Indigenous women and girls.

Implementation of the Indigenous Languages Act

A. Topic

B. Background and Current Status

On June 21, 2019, the Indigenous Languages Act received Royal Assent. Funding over five years and ongoing to implement the Act was approved in 2019. The Act aims to reverse the impact of colonial policies that sought to eliminate Indigenous languages. The residential schools system, forced relocations, the Sixties Scoop, and other such policies have so eroded Indigenous languages that today only 15.6% of Indigenous peoples in Canada can converse in an Indigenous language. In fact, UNESCO classifies 75% of the approximately 90 different living Indigenous languages in Canada as endangered, and no Indigenous language is considered “safe”.

The Act was developed following extensive engagement with Indigenous peoples and collaborative development work with Indigenous partners. It includes mechanisms to support and promote the use of Indigenous languages; support efforts to reclaim, revitalize, maintain and strengthen Indigenous languages; facilitate the effective exercise of the rights of Indigenous peoples; facilitate cooperation of other orders of government and third parties; facilitate collaborative policy development related to the Act; and, facilitate adequate, sustainable and long-term funding for Indigenous languages. The Act also describes the conditions and mechanisms under which federal institutions may provide access to services in Indigenous languages.

The Act establishes an Office of the Commissioner of Indigenous Languages (OCIL), with a Commissioner and up to three directors appointed by the Governor in Council, based on the recommendation of the Minister. The OCIL is intended to be an arm’s-length, independent institution, and neither it, nor its Governor in Council appointees and staff, will be part of the federal administration. The Minister may establish an advisory committee to obtain advice on the appointment of the Commissioner.

Once established, the OCIL would support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, promote public awareness and understanding in respect to Indigenous languages in Canada, and undertake research or studies in respect to the use of Indigenous languages. Additionally, it would provide services to facilitate the resolution of disputes related to negotiated agreements and other obligations under the Act, or federal policies and programs pertaining to Indigenous languages.

The Act contains a number of obligations for the Minister: consult with Indigenous peoples on funding for Indigenous languages, on appointments to the OCIL, and on the development of regulations; receive annual business plans, audited statements, and annual reports from the OCIL; cause the OCIL’s annual reports to be tabled in Parliament; and, cause an independent review to be conducted within five years of the Act coming into force.

The Minister is authorized to cooperate with other orders of government and third parties to efficiently and effectively support Indigenous languages in Canada, including by entering into agreements and arrangements with them respecting programs and services in relation to education, health and the administration of justice. The Minister may also enter into other types of agreements and arrangements to further the purposes of the Act. Finally, as required, the Minister may cause the OCIL to carry out a special examination to assess the adequacy of its books, records, systems and practices.

The legislation was enacted with all-party support in the House of Commons and unanimously supported by Senators during the Senate committee stage. In its election platform, the Liberal Party of Canada committed to ensure the Indigenous Languages Act is fully implemented, and to “long-term, predictable, and sufficient funding” to support its full implementation. The New Democratic Party platform, released prior to the Act receiving Royal Assent, committed to “new legislation and stable funding” developed in partnership with Indigenous peoples. The platforms of neither the Conservative Party of Canada nor the Bloc Québécois contained explicit commitments regarding Indigenous languages, though the Bloc Québécois did indicate its support for the “autonomie administrative” of Indigenous communities, in particular in the areas of education, justice and culture. The Green Party platform indicated the party would support Indigenous cultural curricula; “support and sustain the transmission, proliferation, and regeneration of Indigenous cultural works and languages”; and ensure funding to protect Indigenous languages at risk of disappearing.

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

[REDACTED]

[REDACTED]

D. Implementation

As a transition from the Aboriginal Languages Initiative, investments in 2019-20 and 2020-21 are being made through the new Indigenous Languages and Cultures Program, with more flexible terms and conditions.

Canadian Heritage is also negotiating two pathfinder agreements under the Act: up to $6 million over six years with the Nisga’a Nation to implement its strategic language plan; and up to $42 million over five years with Nunavut Tunngavik Incorporated and the Government of Nunavut [REDACTED]

Once established, the Minister’s ability to shape operations of the OCIL will be largely limited to: recommendations on appointments of the Commissioner and directors; allocation of OCIL funding; receipt of the Commissioner’s annual reports; and, periodic Parliamentary and Independent reviews.

[REDACTED]

Under the Act, federal institutions may provide access to services in Indigenous languages where there is capacity to do so and there is sufficient demand. [REDACTED]

E. Strategic Considerations

Legislative considerations

Under the Act, the Governor in Council may make regulations pertaining to: the Commissioner’s review of complaints; procedures for consultations and negotiating agreements and arrangement under the Act; access to federal services in Indigenous languages; additional information to be included in the Commissioner’s annual reports; and, generally, for carrying out the purposes and provisions of the Act. [REDACTED]

A Parliamentary Review is required every three years after the Act comes fully into force; an Independent Review is required every five years after the Act comes fully into force.

FPT considerations

[REDACTED] To that end, the Act authorizes the Minister and an appropriate Minister to enter into agreements or arrangements with other orders of government and third parties to further the purposes of the Act and to ensure jurisdictional responsibilities are respected. A number of provinces and territories indicated a desire to work collaboratively.

Territorial Language Accords with Nunavut and Northwest Territories expire in March 2020. Both governments have expressed concern that the agreements have not yet been renewed. [REDACTED]

[REDACTED]

International considerations

Significant international attention was brought to the issue during the United Nations International Year of Indigenous Languages in 2019. Canadian Heritage will be expected to participate in developing the Government of Canada’s position on a strategic outcome document related to this initiative during the November 2019 UNESCO General Conference. The Department will also be expected to participate in an event at the United Nations scheduled for December 17, 2019, to wrap up the year’s activities.

Additionally, a draft UN General Assembly Resolution, co-sponsored by Canada, seeks to proclaim 2022-2032 the International Decade of Indigenous Languages. [REDACTED]

Indigenous peoples considerations

The Assembly of First Nations, the Inuit Tapiriit Kanatami, and the Métis National Council were partners in the development of the Act, and continue to be involved in implementation. [REDACTED]

Initially, the Inuit Tapiriit Kanatami supported the legislation and worked with Canadian Heritage on its development. However, it withdrew its support of the Bill during the Parliamentary process and has requested that Inuktut be granted official language status in Inuit Nunangat.

Stakeholder perspectives

[REDACTED]

[REDACTED]

[REDACTED]

Urban/rural and regional considerations

Canada has a complex linguistic landscape with 90 living Indigenous languages spread across communities with varying degrees of language endangerment and capacity for reclamation or revitalization. Place of residence can impede language revitalization in different ways (e.g. challenge to recruit and retain fluent teachers to rural and remote areas; uneven access to teaching and learning resources; and, pressure from other pressing socio-economic issues, such as housing, health care, safe water, and employment).

The ongoing urbanization of Indigenous peoples is also important. Although this demographic trend leads to a greater diversity of Indigenous languages in large urban centres, the transmission of an Indigenous language as a mother tongue tends to decrease in urban centres. [REDACTED]

Timing

Implementation of the Act will be rolled out over several years, with key milestones in the next three years. These are:

  1. Coming into force of the Act: [REDACTED]
  2. Implementation of an investment framework: [REDACTED]
  3. Appointment of a Commissioner and up to three directors: [REDACTED]
  4. Establishment of the OCIL: [REDACTED]
  5. Development of regulations: [REDACTED]

Cost implications

[REDACTED]

Currently, the Department is discussing funding methodologies for the provision of adequate, sustainable and long-term funding with three Indigenous groups: National Indigenous Organizations, self-governing Indigenous groups, and the Inuit-Crown Partnership Committee.

Machinery of Government considerations

There are Machinery of Government considerations related to the establishment of the OCIL as an independent, arms-length organization. Such matters are at the prerogative of the Prime Minister.

F. Alternative Approaches or Complementary Measures

The Department administers the Indigenous Languages and Cultures Program, formerly the Aboriginal Peoples’ Program (prior to June 2019). The program includes funding for the revitalization of Indigenous languages; Northern Aboriginal Broadcasting; and the Canada-Territorial Language Cooperation Agreements with the Northwest Territories, Nunavut and Yukon First Nations.

For complementary measures, funding approved in 2019 for the Act complements federal funding delivered through Indigenous Services Canada for Indigenous language education from kindergarten to grade 12 on reserve, and for language teaching projects in urban centres. At Canadian Heritage, work is also being done to increase Indigenous content in the arts and culture sector.

A National Repatriation Framework for Indigenous Cultural Property and Ancestral Remains

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

Developing a repatriation framework would include the following steps:

E. Strategic Considerations

Legislative considerations

Legislative considerations associated with the development of a framework to repatriate Indigenous cultural property and ancestral remains will depend on the approach developed.

FPT considerations

[REDACTED]

International considerations

The repatriation of cultural property removed during the colonial era has recently been the subject of significant international attention. In 2017, the President of France, Emmanuel Macron, called for the repatriation of African cultural property held in French museums. Since then, other nations, including the Netherlands and Germany, have also worked to develop repatriation frameworks. Australia has a framework for the repatriation of Aboriginal sacred objects and ancestral remains, and New Zealand’s national museum has its own repatriation framework for Maori cultural property and ancestral remains.

The cultural property and ancestral remains of the Indigenous Peoples of Canada are also housed in museums and other institutions around the world. [REDACTED]

There are no binding international treaties that require the repatriation of Indigenous cultural property and ancestral remains. [REDACTED]

Indigenous Peoples considerations

[REDACTED]

Stakeholder perspectives

As Bill C-391 was not a government bill, there were no formal consultations with respect to the repatriation of Indigenous cultural property and ancestral remains. However, witness testimony from the Standing Committee on Canadian Heritage’s study of Bill C-391 revealed the following key points of concern from Indigenous communities and museums:

Urban/rural and regional considerations

[REDACTED]

Timing

[REDACTED]

Cost implications

Unable to assess at this time, as costs would depend on the scope and approach of the consultation, and whether the framework proposes new programs or expands existing programs to build capacity and support.

F. Alternative Approaches or Complementary Measures

[REDACTED]

[REDACTED]

National Monuments in Canada’s Capital Region

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

The monument projects are at varying stages of implementation: the Memorial to the Victims of Communism is in the construction phase, the National Monument to Canada’s Mission in Afghanistan is at the design competition phase of implementation, while the other projects are in preliminary planning.

E. Strategic Considerations

Indigenous peoples considerations

Discussions are held with local Indigenous communities (Algonquin Anishinabeg) about site use and Indigenous peoples are part of monument ceremonies and events.

The following projects entail further Indigenous engagement:

Stakeholder perspectives

National Monument to Canada’s Mission in Afghanistan: The project stakeholders are National Defence along with Veterans of the Mission and the families of those who served in Afghanistan. Although the project was announced in 2014, site selection was only finalized in June 2019. Recent coverage of the re-dedication of the Kandahar Cenotaph has renewed interest in the monument. Veterans Affairs Canada will ensure the involvement of those who served and their families throughout the duration of the project.

Memorial to the Victims of Communism – Canada, a Land of Refuge: Project stakeholders are communities affected by communism, both in Canada and abroad.

LGBT Purge National Monument: Stakeholders include the participants of the settlement agreement and the larger LGBTQ2IA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Two-Spirit, Intersex, Asexual and other identities) community. Given the diversity of the stakeholder groups, the LGBT Purge Fund will be conducting its own engagement exercise for the monument vision and site. As the LGBT Purge settlement is schedule to wind up on December 30, 2021, the LGBT Purge fund will be looking to advance this project as quickly as possible, recognizing that an extension will likely be necessary.

Timing

National monument projects managed by Canadian Heritage generally take five years from project initiation to monument inauguration, but can vary depending on scale, complexity, and required engagement. The current projected timelines and inauguration timings are as follows:

Cost implications

F. Alternative Approaches or Complementary Measures

The federal monument development process aligns with international best practices for major monuments. Canadian Heritage recognizes that the Residential Schools National Monument may call for a different approach.

Modernization of Canada’s Museum Policy

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

The following framework could form the basis for a new federal vision for museums through a modernized Museum Policy, with four objectives:

The Government already engages to some degree in all four areas, and a range of financial and non-financial options could be considered to implement a Museum Policy. The following new federal engagement options are based on an analysis of stakeholder input heard over several years and are designed to respond to the range of issues that have been most consistently raised by them.

POLICY OBJECTIVE POTENTIAL NEW FEDERAL ENGAGEMENT
[REDACTED] [REDACTED]
[REDACTED]
[REDACTED]

[REDACTED]

[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]

[REDACTED]

[REDACTED]
[REDACTED]
[REDACTED]

[REDACTED]

[REDACTED]
[REDACTED]

E. Strategic Considerations

Legislative considerations

[REDACTED]

FPT considerations

[REDACTED]

Indigenous peoples considerations

A legal duty to consult on an initiative such as modernization of the Museum Policy has been established with a number of First Nations through Final Agreements. [REDACTED]

Stakeholder perspectives

Objectives and options outlined herein have been developed as a direct result of stakeholder input. [REDACTED]

Urban/rural and regional considerations

Heritage institutions are located in all regions of Canada and approximately 40% of are located in rural areas. The impact of the Museums Assistance Program extends equally between urban centres and rural communities, with a slightly lesser impact in medium sized centres.

Timing

[REDACTED]

Cost implications

Short-term: [REDACTED] Similarly, long-term costs of implementing a modernized Museum Policy [REDACTED]

F. Alternative Approaches or Complementary Measures

[REDACTED]

Developing the RCMP Heritage Centre into Canada’s newest national museum

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

[REDACTED]

  1. [REDACTED]
  2. [REDACTED]
  3. [REDACTED]
  4. [REDACTED]
  5. [REDACTED]

[REDACTED]

E. Strategic Considerations

Legislative considerations

Amendments to the Museums Act are required to create a new national museum.

FPT considerations

[REDACTED]

Indigenous peoples considerations

[REDACTED]

Stakeholder perspectives

In a July 2019 letter to the Honourable Ralph Goodale, Minister of Public Safety, the Commissioner of the RCMP, Brenda Lucki, expressed her support for the RCMP Heritage Centre, stating that it a “unique facility with profound national significance.”

There are several other museums across Canada, [REDACTED], which have expressed a desire to become a national museum. [REDACTED]

[REDACTED]

Urban/rural and regional considerations

The creation of a new national museum will expand the network of existing national museums and continue the pattern of establishing national museums outside of the National Capital Region.

Timing

[REDACTED]

Cost implications

[REDACTED]

[REDACTED]

F. Alternative Approaches or Complementary Measures

[REDACTED]

Culture Pass

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

Indigenous peoples considerations

Stakeholder perspectives

Urban/rural and regional considerations

Timing

Cost implications

F. Alternative Approaches or Complementary Measures

  1. [REDACTED]
    • [REDACTED]
  2. [REDACTED]
    • [REDACTED]
  3. [REDACTED]
    • [REDACTED]

Grants and Contributions

A. Background

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

B. Strategic Considerations

Sport Canada’s Funding Allocation

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

The alignment of funding frameworks across jurisdictions has been a long-standing priority for the F-P/T Sport Committee. [REDACTED]

Indigenous peoples considerations

[REDACTED]

Stakeholder perspectives

[REDACTED]

[REDACTED]

[REDACTED]

Timing

[REDACTED]

Cost implications

[REDACTED]

[REDACTED]

F. Alternative Approaches or Complementary Measures

[REDACTED]

Increasing Sport Participation

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

Indigenous peoples considerations

Stakeholder perspectives

Urban/rural and regional considerations

Timing

Cost implications

F. Alternative Approaches or Complementary Measures

[REDACTED]

Safe, Welcoming, and Inclusive Sport

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

[REDACTED] The Red Deer Declaration for the Prevention of Harassment, Abuse, and Discrimination in Sport, which was endorsed by Federal-Provincial/Territorial ministers responsible for sport in February 2019, committed governments to taking collaborative and coordinated action in the areas of prevention, management, and reporting of incidents of harassment, abuse, and discrimination in sport.

International considerations

Work in the areas of concussion, harassment, abuse, and discrimination must be harmonized and developed in line with international sport regulations and standards such as the Fifth International Consensus statement on concussion in sport, and those from International Federations and multi-sport organizations such as the International Olympic Committee and the International Paralympic Committee.

Indigenous peoples considerations

[REDACTED]

Stakeholder perspectives

The Canadian sport community, particularly at the national level, has been calling for federal government leadership and guidance to support them in ensuring safety in sport and in preventing and addressing harassment and abuse. Additionally, they have been signaling the need for an independent body (or bodies) to oversee the Universal Code of Conduct and related sanctions that may need to be administered. The sport community has indicated its desire to contribute to the development of the implementation framework.

Urban/rural and regional considerations

Work is currently being done at the national level and Sport Canada continues to work with provincial/territorial counterparts to align the work throughout all levels of sport in Canada. [REDACTED]

Timing

[REDACTED]

[REDACTED]

Cost implications

[REDACTED]

[REDACTED]

[REDACTED]

[REDACTED] Sport Canada’s Hosting Program in [REDACTED]

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

Hosting international sport events typically requires both federal and provincial/territorial funding. Canada Games and the North American Indigenous Games have their own F-P/T Financial Frameworks. Hosting international sport events also presents a unique and significant opportunity for federal, provincial, territorial and municipal governments to leverage and collaborate on policy objectives.

International considerations

Bidding for international sport events is a highly competitive undertaking. The measures that international sport organizations are putting in place are substantially changing how bids and events are developed, including how governments and sport organizations must increasingly collaborate to move major sport event bids forward.

Canada has been a leading nation in the successful and cost-effective delivery of sport events and in achieving important impacts and legacies through them. [REDACTED]

Indigenous peoples considerations

Sport Canada supports the North American Indigenous Games and the Arctic Winter Games.

As part of the Truth and Reconciliation Commission of Canada’s Calls to Action #87 through 91 for Sports and Reconciliation, the Government of Canada must ensure that national sport policies, programs, and initiatives are inclusive of Indigenous peoples. Call to Action #91 specifically calls upon officials and host countries of international sporting events to ensure that Indigenous peoples’ territorial protocols are respected and local Indigenous communities are engaged in all aspects of planning and participation in such events. [REDACTED]

Stakeholder perspectives

Public perception is that hosting international sport events is increasingly challenging and costly with benefits to only a small portion of the Canadian population.

Some stakeholders have suggested that enabling funding opportunities for a broader range of international sport events focused on participation rather than high performance would engage more Canadians in sport events.

[REDACTED]

Urban/rural and regional considerations

[REDACTED]

Timing

[REDACTED]

Cost implications

[REDACTED]

[REDACTED]

F. Alternative approaches or complementary measures

[REDACTED]

[REDACTED]

[REDACTED]

[REDACTED]

Community Sport Infrastructure

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

[REDACTED]

E. Strategic Considerations

FPT considerations

In Canada’s federated sport system, the implementation of sport programs at the provincial/territorial or community levels falls under the responsibility of the provincial, territorial, and municipal governments. Any federal initiatives that engage the sport community at those levels would need to be implemented in coordination with those orders of government. However, a strong federal-provincial/territorial mechanism exists for sport, with long-standing engagement and collaboration by governments on key sport files and physical activity initiatives.

International considerations

As a member state of the United Nations that has adopted the United Nations 2030 Agenda for Sustainable Development, Canada has an obligation to contribute to the achievement of the Sustainable Development Goals and provide regular voluntary reports to the United Nations on progress towards them.

Indigenous peoples considerations

[REDACTED] would complement the Sport Canada branch’s Sport for Social Development in Indigenous Communities funding initiative that was co-designed with the Aboriginal Sport Circle. [REDACTED]

Stakeholder perspectives

[REDACTED] would be welcomed by Canada’s sport community, as well as non-sport organizations that are currently using sport-based programming to achieve development outcomes. This would also be well received by the provincial and territorial governments [REDACTED] and the possibilities of leveraging sport for social outcomes.

Urban/rural and regional considerations

[REDACTED]

[REDACTED]

[REDACTED]

Timing

[REDACTED]

Cost implications

[REDACTED]

F. Alternative Approaches or Complementary Measures

[REDACTED]

Overview of Platform Commitments: Diversity and Inclusion and Youth

The Department has monitored the Liberal Party’s election platform commitments that relate to the mandate of the Department of Canadian Heritage and its portfolio organizations. An overview of these commitments is provided below and more information on how to implement these commitments is found in the tabs that follow.

Promoting Equality and Diversity

Fighting Racism in Canada

Canada’s Anti-Racism Strategy 2019-22

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

E. Strategic Considerations

FPT considerations

International considerations

Indigenous peoples considerations

Stakeholder perspectives

Urban/rural and regional considerations

Timing

Cost implications

F. Alternative approaches or complementary measures

Overview of Platform Commitments: Official Languages

The Department has monitored the Liberal Party’s election platform commitments that relate to official languages. An overview of these commitments is provided below and more information on how to implement these commitments is found in the tabs that follow.

Protecting and Promoting Official Languages

A. Official Languages Legislation and Programming

B. Establishment of the Université de l’Ontario français

Modernization of the Official Languages Act

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

[REDACTED]

E. Strategic Considerations

Legislative considerations

The Official Languages Act and the Canadian Charter of Rights and Freedoms provide the general framework for the Canadian language regime, codifying Canadians’ rights and the Government’s obligations with respect to official languages. Any amendment to the Official Languages Act must remain aligned with the Canadian Charter of Rights and Freedoms.

Part IV (Communications with and Services to the Public) Regulations: Updated regulations, which specify the circumstances under which an office of a federal institution must provide bilingual services under Part IV of the Official Languages Act, were registered on June 25, 2019. The revised Regulations include adopting a more inclusive calculation method for determining whether there is “significant demand” in the minority official language. These changes will come into force following the publication of 2021 Census data, expected in the fall of 2022.

Part VII (Advancement of English and French) Regulations: In 2005, the Official Languages Act was amended to give federal institutions the duty to “ensure that positive measures are taken” (subs. 41(2)) to enhance the vitality of OLMCs and to promote the equality of English and French in Canadian society. The Act was further amended to permit the enactment of regulations prescribing how federal institutions must fulfill this duty.

The Gascon decision of 2018 found that since no regulations have been adopted for Part VII of the Official Languages Act, the specific nature of the obligation contained in subs. 41(2) remains general and lacks the specificity that regulations would attribute to it. According to the Court, the absence of regulations on Part VII of the Official Languages Act makes it impossible to determine whether more specific positive measures should have been taken. The Gascon ruling is now being appealed at the Federal Court of Appeal.

FPT considerations

Provinces and territories are key federal partners in meeting the official languages obligations set out in the Canadian Charter of Rights and Freedoms and the Official Languages Act. The Government of Canada provides financial support to provinces and territories for minority language education and second language instruction, and has long encouraged and helped provinces and territories to deliver services in the minority official language.

A number of stakeholder proposals for the modernization of the Act refer to, or could refer to, areas of interest to provinces and territories or under provincial and territorial jurisdiction. These proposals include giving all Canadians the right to learn their second official language and adding official languages obligations to all federal-provincial/territorial agreements. [REDACTED]

[REDACTED]

International considerations

A small number of stakeholder proposals for the modernization of the Official Languages Act have international considerations. These include reinforcing Canadian global leadership in official languages and promoting the value of OLMCs on the global stage

Indigenous peoples considerations

The Government has not specifically or directly consulted Indigenous Peoples on the modernization of the Official Languages Act. During engagement events, multiple stakeholders proposed that a modernized preamble to the Act acknowledge Indigenous languages as the first languages used in Canada and recognize their important role in our country’s development. The importance of giving Inuktut the same status as English and French in a territory where it is the majority language was raised by some stakeholders, including participants at a round table discussion in Iqaluit, Nunavut and at the Ministerial Conference on the Canadian Francophonie, held in May and June 2019 respectively.

On June 21, 2019, the Governor General of Canada granted Royal Assent to Bill C-91, An Act respecting Indigenous languages, which aims to reclaim, revitalize, maintain and strengthen Indigenous languages in Canada. Canadian Heritage led the co-development of the Bill with representatives of First Nations, Métis, and Inuit communities. A group of academics and language advocates submitted an open letter to the world’s language commissioners in June 2019, asking for their support in calling for the modernized Official Languages Act to grant Inuktut equal standing with English and French in Nunavut. The Government has maintained that there is no conflict between the reclamation, revitalization, strengthening and maintenance of Indigenous languages and the protection and promotion of official languages in Canada. It has rather emphasized Canada’s capacity to reconcile and find synergies between these efforts.

Stakeholder perspectives

Stakeholders provided significant input during the previously mentioned engagement events as well as the studies and consultations conducted by the Standing Senate Committee on Official Languages, the House of Commons Standing Committee on Official Languages, and the Commissioner of Official Languages. These contributions and recommendations are being analyzed and considered as part of the broader review.

Here is a brief overview of the key issues raised:

Urban/rural and regional considerations

The new provisions of the recently revised Part IV Regulations will benefit the Francophone OLMC population, which is overrepresented in rural settings compared to the Canadian average. The overrepresentation of Francophone OLMCs in rural areas is an element that will be considered in the process of modernization.

Timing

[REDACTED]

Cost implications

The interdepartmental working group on the modernization of the Official Languages Act will analyze the cost implications of its proposed amendments. Actual costs will depend on the specific amendments adopted.

Machinery of Government considerations

The Official Languages Act gives several federal institutions specific coordination responsibilities for parts of the Act: Treasury Board Secretariat for Parts IV, V and VI, and Canadian Heritage for Part VII. The Department of Justice is responsible for providing legal advice to the Treasury Board Secretariat, Canadian Heritage, as well as all federal institutions, on any question involving the linguistic provisions of the Act, litigation, legal issues, etc.

Multiple stakeholders have proposed that a modernized Official Languages Act entrust a single central agency with its implementation, including horizontal coordination and accountability, in order to ensure institutions meet their obligations. As such, governance of the Act is one of the eight key themes being analyzed. Stakeholders have also suggested strengthening the powers of the Commissioner of Official Languages, and creating a new administrative tribunal for official languages. [REDACTED]

F. Alternative Approaches or Complementary Measures

Stakeholder expectations for modernizing the Official Languages Act are high. [REDACTED]

[REDACTED]

Implementation of the Action Plan for Official Languages 2018-2023

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

The government has committed to ensuring that public investments in official languages translate into concrete, tangible results that benefit Canadians. Under the Action Plan, some new measures were scheduled to be launched in 2018–2019, and others in 2019–2020. Implementation of the Action Plan is proceeding according to plan.

Each of the Action Plan’s partner departments is responsible for implementing the initiatives under its authority. With respect to reporting on the Action Plan’s initiatives, the partner federal institutions must submit financial (actual expenditure and results) and qualitative data to Canadian Heritage three times a year. That information will be presented in the Annual Report on Official Languages.

Implementation of the new initiatives relating to Canadian Heritage’s Official Languages Support Programs was undertaken using a “by and for” collaborative approach, through which the priorities and conditions of the new measures were identified in cooperation with key stakeholders during a number of discussions.

In 2018–2019, Action Plan investments relating to Canadian Heritage’s Official Languages Support Programs were allocated, totalling over 376 million dollars—including over 28 million dollars in new funding. This was achieved, for instance, through a 20 percent increase in the core funding previously approved for 276 community organizations. Implementation is ongoing in 2019-2020.

E. Strategic Considerations

Legislative considerations

The Canadian Charter of Rights and Freedoms and the Official Languages Act are at the core of government action in the area of official languages. The Official Languages Act, which was adopted in 1969, is a quasi-constitutional statute that made Canada an officially bilingual country. A review towards modernization of the Official Languages Act is currently underway and a fiche on this subject is available.

FPT considerations

Some measures in the Action Plan fall under provincial/territorial or shared jurisdiction. The provinces and territories, including Quebec, had the opportunity to share their points of view during the 2016 consultations. Action Plan measures that relate to provincial/territorial jurisdiction are carried out with the help of Government of Canada funding to provinces and territories or via ongoing cooperation between the various levels of government.

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International considerations

The Action Plan reflects Canada’s approach to official languages, institutional bilingualism, and the development and recognition of OLMCs. As a result, it gives the government the opportunity to present the international community with a concrete example of the implementation of its vision, which is based on inclusion, diversity and social cohesion.

Canada has been a member state of the Organisation internationale de la francophonie since its inception in 1970 and plays a leading role.

Indigenous peoples considerations

In the event that an activity is implemented in a region in which a modern treaty applies, the Government of Canada will work with the treaty signatories to ensure that the program is offered in a way that respects the areas under the jurisdiction of that treaty, in accordance with ancestral rights and treaty rights; the legal obligation to consult the Crown and the legal obligation to take account of ancestral rights; the implementation of the United Nations Declaration on the Rights of Indigenous Peoples; and the implementation of the recommendations of the Truth and Reconciliation Commission of Canada.

Stakeholder perspectives

The development of the Action Plan was based on cross-Canada consultations including 22 roundtables (350 participants), an online questionnaire (6,375 respondents), meetings with key stakeholders, and discussions with provincial and territorial governments.

Implementation of the Action Plan was based on unprecedented cooperation with community stakeholders and other orders of government. Between June 2018 and March 2019, a number of discussions were held to establish the parameters for the implementation of 10 Action Plan measures. The “by and for” approach was an integral part of the discussions held during the working sessions.

Implementation of the Action Plan is also one of the three priorities of the Office of the Commissioner of Official Languages between now and 2025.

Urban/rural and regional considerations

Some initiatives are direct responses to the concerns of rural and regional populations. Others take the needs of rural communities into account in their implementation.

Timing

For new initiatives launched in 2019–2020 under the Canadian Heritage Official Languages Support Programs, a call for projects was issued in spring 2019, third parties have all been confirmed, and partners are looking to launch their respective programs by the end of December 2019.

Cost implications (over five years)

Implementation will be carried out using the permanent funding available within the departments’ reference levels:

Canadian Heritage
Employment and Social Development Canada
Immigration, Refugees and Citizenship Canada
Health Canada
Public Health Agency of Canada
Justice Canada
Industry Canada for Statistics Canada

F. Alternative Approaches or Complementary Measures

Additional funding has recently been invested in official languages to complement or enhance Action Plan measures. In the area of youth employment, additional funding was provided to extend by one year (2019-2020) an investment of 1.2 million dollars into Young Canada Works in both official languages (Canadian Heritage) for green jobs. In the area of justice, an additional contribution of 21.6 million dollars over five years (2020-2021 to 2024-2025) will be invested to support access to family justice in Canadians’ preferred official language.

In the area of education, an additional 60 million dollars over four years (15 million dollars per year from 2019-2020 to 2022-2023) is available to increase federal support to minority-language education. The allocation of this additional funding was conditional upon the signing of a new Protocol for Agreements and/or new bilateral agreements with provincial and territorial commitments to improve reporting and regularly consult with stakeholders. On September 4, 2019, the Government of Canada finalized a new Protocol for Agreements for Minority-Language Education and Second-Language Instruction with provincial and territorial governments, for a period of four years (2019-2020 to 2022-2023), which meets the above-mentioned conditions.

The Université de l’Ontario français

A. Topic

B. Background and Current Status

Secret section below

The information below this line is advice to a Minister and cannot be publicly released under section 21 of the Access to Information Act.

C. Proposed Action and Rationale

D. Implementation

The governments of Ontario and Canada are currently conducting a due diligence process based on the official proposal that Ontario submitted on September 6, 2019, to move forward in a reliable, accountable and transparent manner. A joint working group was created to determine the scope of the investments and to agree on eligible expenses, timelines and project activities to establish the Université de l’Ontario français. The joint working group is aiming to finalize negotiations on a date it will agree upon, which is not yet determined.

Once the governments of Canada and Ontario have agreed on their government contributions and the respective funding sources have been confirmed, a multi-year agreement will be reached between Canada and Ontario. The project description, the identification of eligible expenses and the payment schedule for eligible expenses by both parties for the fiscal years the project covers will be set out in this multi-year agreement.

As per the memorandum of understanding, in the event that the Ontario government withdraws from the Université de l’Ontario français project, the Government of Canada will recover its 63 million dollars by cutting funds that are allocated to the Government of Ontario through the bilateral education agreement.

E. Strategic considerations

FPT considerations

The memorandum of understanding between the governments of Canada and Ontario, signed on September 7, 2019, specifically recognizes that, “subject to the Canadian Constitution, education falls within the exclusive jurisdiction of the provinces and territories, and the provincial and territorial governments are responsible for establishing plans for, determining the objectives of, defining the contents of, setting priorities for, and evaluating their education programs, including minority-language education programs.”

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Stakeholder perspectives

The large majority of stakeholders in Ontario’s Francophone community support the creation of the Université de l’Ontario français. The file has not only mobilized tens of thousands of Francophones in Ontario but has also brought together Francophones and Francophiles across the country. The announcement of an agreement to fund the creation of the institution was very well received by stakeholders in the official languages community.

Urban/rural and regional considerations

The limited supply of French-language postsecondary programs in Central and Southwestern Ontario has led to Francophone students enrolling in English-language institutions. However, as explained above in the rationale for the proposed measure, there is a considerable Francophone population in Central and Southwestern Ontario. The creation of the Université de l’Ontario français in Toronto would help to retain these students in their region, in a French-language post-secondary institution.

Timing

The funding granted directly to the Université de l’Ontario français by Canadian Heritage is expiring on January 31, 2020. Moreover, the request for funding submitted by the Université de l’Ontario français to the Government of Ontario includes funding that would start in 2019-2020. This means that a contribution agreement between the governments of Canada and Ontario should be finalized by [REDACTED] at the latest, so that expenses carried out during the 2019-2020 fiscal year can be recognized.

Cost implications

Funding negotiations will begin following a due diligence process. The Government of Canada’s contribution cannot exceed 50 percent. It is also expected that the federal contribution be paid for the first four years of the agreement (that is, 2019-2020 to 2022-2023), while the Government of Ontario would cover the expenses for the four subsequent years. The province has agreed to give its assurance that it would reimburse the federal government its part of the contribution to the project if Ontario is unable to provide the funding within the expected timeframes.

Funding for fiscal year 2019-2020 (3.4 million dollars) will be provided through the Official Languages Branch’s program funds. [REDACTED]

F. Alternative Approaches or Complementary Measures

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