Question Period Card Minister of Employment, Workforce Development and Official Languages

Issue

Official Languages and the Charter of the French Language

Update

September 1, 2023

Source

N/A

Synopsis

On June 20, 2023, Bill C-13 - An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts received Royal Assent. The modernized Act recognizes the diversity of provincial and territorial linguistic regimes that contribute to progress toward equality of status and use of English and French, including Quebec's Charter of the French Language.

Recommended Response

• The Government recognizes the importance of protecting and promoting the French language in Canada, including in Quebec, and wants to work with the Government of Quebec to achieve this goal.
• The new Act for the Substantive Equality of Canada’s Official Languages promotes and protects the use of French as a language of work, service, and communications in federally regulated private businesses in Quebec, and in regions with a strong francophone presence.
• The modernized Act recognizes that there is a diversity of provincial and territorial linguistic regimes, including Quebec's Charter of the French Language. It seeks to achieve substantive equality of our two official languages and to support the vitality of official language minority communities, including English-speaking communities in Quebec.

Background

• On June 20, 2023, Bill C-13 - An Act to amend the Official Languages Act, adopting the Act on the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts received Royal Assent. The modernized Act recognizes the diversity of provincial and territorial linguistic regimes that contribute to progress toward equality of status and use of English and French, including Quebec's Charter of the French Language.
• On May 24, 2022, the National Assembly of Quebec passed Bill 96 to amend the Charter of the French Language (Charter, also known as "Bill 101") and several other existing laws. Bill 96 was assented to and came into force on June 1, 2022, with the exception of certain provisions suspended by the Superior Court of Quebec. Note that these provisions do not affect the modernized Act.
• The ruling states that the sections of Bill 96 that would require companies to pay a translator to produce French versions of legal documents must be suspended until their legal challenge can be heard on the merits. A trial on the issue is expected by the end of 2023.
• In addition, in January 2023, Judge Immer of the Superior Court of Quebec temporarily suspended, pending a trial, the application of the section on the exclusion of the criteria of knowledge, with certain exceptions, of a language other than French in order to be appointed to the position of judge in a Quebec court whose appointment is the responsibility of the Quebec government.
• Here are the main elements of the reform proposed in Bill 96: the creation of a Ministry of the French Language; the creation of a French Language Commissioner; the application of Bill 101 to businesses with 25 or more employees (after 3 years); an improved offering of French-language courses for newcomers; a review of the bilingual status of certain municipalities; a form of quota imposed on English-language CEGEPs, without restricting access to English-speaking right holders to access language minority schools.
• Bill 96 also makes several changes with respect to French as a language of work and language of commerce and business including, among others, section 89.1 of Bill 101 now states that "No provision of this Act may be interpreted in such a way as to prevent its application to any enterprise or employer carrying on its activities in Quebec". As such, the Charter would therefore apply to any business or employer operating in Quebec.
• This implicitly includes federally regulated private businesses (FRPBs), including those enterprises and corporations currently subject to the Official Languages Act (OLA). However, this would be within the rules defining the jurisdiction of Parliament and provincial legislators and the principle of paramountcy of federal legislation in the event of an inconsistency between provincial and federal legislation. It should be noted that FRPBs subject to the OLA (e.g. Air Canada and the Canadian National for example) will be excluded from the Use of French in Federally Regulated Private Businesses Act (FRPB).
• The modernized Act enacts the FRPB, a new act which creates new rights to be served and to work in French in FRPB in Quebec and in regions with a strong francophone presence. The new Act will come into force by order-in-council and the size of the FRPBs that will be subject to it, as well as the definition of designated regions with a strong Francophone presence, will be set by regulation.
• According to the FRPB Act, FRPB in Quebec will be subject to the new federal regime by default. However, this new law gives the later the option of voluntarily applying the Charter with terms and conditions that may be specified in a regulation or agreement between the federal government and the Government of Quebec.
• During the clause-by-clause review of C-13 in the Standing Committee on Official Languages, the Parliamentary Secretary to the former Minister of official languages introduced a series of amendments, which were adopted unanimously. The House of Commons strengthened and detailed certain key elements related to language of work in the new Act that will apply in Quebec and in regions with a strong Francophone presence, rather than waiting to define them by regulation.
• These amendments were intended to address a concern expressed by the Government of Quebec that there was a risk that private companies under federal jurisdiction would "flee" to a federal regime that was less restrictive in terms of language of work. The two regimes will therefore be able to co-exist without waiting for the coming into force of a regulation detailing the terms of the federal legislation.
• The FRPB Act is a federal law and does not incorporate the Charter by reference. Thus, the invocation of the notwithstanding clause by the Government of Quebec in respect of Bill 96 would not affect the FRPB Act itself.

Prepared by: Jean-François Roussy (613-889-6395)
Director of Communications: Annie Dumais (819-962-1246)
Director General: Sarah Boily (819-635-7362)
Assistant Deputy Minister: Julie Boyer (613-852-4129)