Appearance of the President of the Treasury Board: Impact of the COVID-19 Pandemic on the Government’s Ability to Deliver Information in Both Official Languages

Standing Committee on Official Languages (LANG)

Committee activity related to this study

Issue

What are the official languages roles and responsibilities according to the Official Languages Act?

Key facts

• Every federal institution is responsible for the implementation of the Official Languages Act. The Act also provides for specific duties for some key institutions like the Parliament, the Treasury Board, the Departments of Canadian Heritage and Justice, and the Office of the Commissioner of Official Languages.

Response

• The Treasury Board of Canada Secretariat shares responsibility with other federal institutions towards the full implementation of the Official Languages Act.
• The Treasury Board is responsible for the general direction and coordination of the policies and programs for:
  • communications with and services to the public (Part IV)
  • language of work in federal institutions (Part V)
  • the equitable participation of English-speaking and French-speaking Canadians in the public service (Part VI)
• The Treasury Board of Canada Secretariat is responsible for preparing the President’s annual report to Parliament on the status of official languages programs in federal institutions.
• Last year, the Treasury Board modified the Official Languages Regulations to improve access to bilingual services in more federal offices and service locations.
• The Act also assigns responsibilities to Canadian Heritage, particularly with respect to coordinating the taking of positive measures by all federal institutions to support the vitality of communities and the advancement of English and French in Canadian society.
• In accordance with her mandate letter, the Minister of Economic Development and Official Languages has undertaken the task to modernize and reinforce the Official Languages Act.

Background

Treasury Board of Canada Secretariat:

• responsible for the general direction and coordination of the policies and programs of the Government of Canada related to communications with and services to the public (Part IV); language of work (Part V); and the participation of English-speaking and French-speaking Canadians in institutions (Part VI)
• report to Parliament on the status of the official languages programs in federal institutions

Canadian Heritage:

• responsible for coordinating Part VII of the Act (advancement of English and French)
• coordinates the implementation by federal institutions towards the commitment to make positive measures taken to enhance the vitality of official language minority communities and foster the use of English and French in Canadian society
• responsible for coordinating the Action Plan for Official Languages 2018–23: Investing in Our Future

Minister of Economic Development and Official Languages:

• following the Cabinet shuffle of July 18, 2018, the specific responsibilities of the Minister of Canadian Heritage with respect to official languages were delegated by decree to the then Minister of Tourism, Official Languages and La Francophonie, now Minister of Economic Development and Official Languages
• in accordance with her December 13, 2019, mandate letter, the Minister of Economic Development and Official Languages shall continue to safeguard and promote Canada’s two official languages, and more specifically modernize and reinforce the Official Languages Act

Public Service Commission:

• Responsible for language assessment and the implementation of the Public Service Official Languages Exclusion Approval Order. This Order provides a mechanism to appoint a unilingual person to a bilingual position who commits to becoming bilingual. It offers balance between ensuring that persons appointed meet the official language proficiency requirements of bilingual positions and fostering access by unilingual Canadians to bilingual positions in the public service.

Canada School of Public Service:

• provides tools for maintaining the second-language skills and preparing second-language assessments

Translation Bureau:

• offers translation, editing, interpretation and terminology services to federal institutions and Parliament
• its services support the government’s efforts to serve the population of Canada in its preferred official language

Some 200 federal institutions:

• implement actions arising from their responsibilities under Parts IV, V, VI and VII of the Act in their organizations.

Office of the Commissioner of Official Languages, Ombudsman role:

• “has the mission to take all measures to ensure the recognition of the equal status of both official languages and compliance with the spirit and intention of the Official Languages Act”

House of Commons and Senate Standing Committees on Official Languages:

• monitor implementation of the Act, Regulations and related policies
• review reports tabled by the Commissioner of Official Languages, the President, and the Minister of Canadian Heritage

Issue

What is the role of the Official Languages Centre of Excellence? How many employees does it have?

Key facts

• The Official Languages Centre of Excellence is comprised of some 25 employees and is the administrative unit that supports the Treasury Board in its duty to provide the general direction and coordination for official languages policies that apply to institutions subject to the Official Languages Act.
• The Centre divides its tasks into four teams:
  • overseeing the implementation of the Official Languages Regulations (including the review of the Regulations)
  • monitoring federal institutions and preparing the annual report
  • developing policy instruments and providing policy interpretation
  • supporting federal institutions through a network of departmental official languages specialists

Response

• The Official Languages Centre of Excellence supports the Treasury Board in its responsibilities to provide the direction and coordination for official languages policies in the Government of Canada.
• The Centre develops policy instruments and supports institutions in their application.
• The Centre also drafts the annual report on official languages that is tabled before Parliament and works with partners towards the modernization of the Official Languages Act.

Background

Parliamentarians regularly ask for information about the Official Languages Centre of Excellence.

The Official Languages Centre of Excellence is part of the Office of the Chief Human Resources Officer.

The Official Languages Centre of Excellence supports some 200 federal institutions in fulfilling their linguistic obligations under Parts IV, V and VI of the Official Languages Act.

It provides institutions with the guidance, coordination and tools they need to achieve their objectives for communications and service delivery in both official languages, language of work, and the participation of English‑speaking and French‑speaking Canadians in federal institutions.

The Centre is comprised of approximately 25 employees and divides its tasks into four teams:

• overseeing the implementation of the Official Languages Regulations (including the review of the Regulations)
• monitoring federal institutions and preparing the annual report
• developing policy instruments and providing policy interpretation
• supporting federal institutions through a network of departmental official languages specialists

Issue

Expenditures related to official language programs.

Key facts

• In 2019–20, expenditures directly related to official languages totalled approximately $819 million.

Response

• The Government of Canada is committed to delivering federal services in accordance with its official language obligations and to creating and maintaining a workplace that supports the use of both English and French.
• The Policy on Results requires departments to identify programs that are targeted to language minority communities. Nine programs (in seven departments) have been identified for 2019–20.
• In 2019–20, expenditures directly related to official languages totalled approximately $819 million.
• This information is available in departmental reports and a compilation can be found in GC InfoBase.

Background

It is difficult to provide an exhaustive estimate of costs for official languages as financial systems combine official languages–related expenditures with unrelated expenditures in broad categories such as tuition fees and assessment of qualifications.

An overview of costs can be obtained by consulting publicly available documents, namely the Public Accounts and parliamentary reports.

Departmental Plans (DPs) and Departmental Results Reports (DRRs) provide information on expenditures and results of programs that focus on advancing the use of official languages.

Issue

The impact of the COVID-19 pandemic on the government’s ability to deliver information on grants, contributions and other transfer payments in both official languages.

Key facts

• The Official Languages Act establishes the obligations of the Government of Canada with respect to communicating with and providing services to the public.
• The Policy on Transfer Payments (section 6.5.14) assigns deputy heads with the responsibility to ensure that, when transfer payment programs benefit members of both language communities, the design and delivery of transfer payments respect the obligations of the Government of Canada in compliance with the Official Languages Act.

Response

• The government has obligations to ensure respect for English and French as the official languages of Canada and to support the development of English and French linguistic minority communities as provided in the Official Languages Act.
• The Government of Canada remains committed to delivering information in both official languages to all Canadians during the COVID-19 pandemic.
• Treasury Board’s Policy on Transfer Payments (section 6.5.14) assigns responsibility to deputy heads in departments and agencies to ensure that services and benefits of transfer payment programming are made available in both official languages, and that their obligations under Part VII of the Official Languages Act are respected when these programs support activities that benefit members of both official language communities.

Background

Under Part VII of the Act, federal institutions are responsible for taking positive measures to enhance the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development as well as fostering the full recognition and use of both English and French in Canadian society.

Commitments to Part VII of the Act are described in a department’s transfer payment program’s Terms and Conditions and, as applicable, included in departmental funding agreements with recipients.

Issue

Health Canada had temporarily suspended certain language requirements for labelling of products used early on in the fight against COVID-19, raising concerns over respect for the official language rights of Canadians.

Key facts

• In response to the COVID-19 crisis, Health Canada had authorized the distribution of certain products with labelling in English, early in the pandemic, to expedite their distribution.

Response

• The health, safety and well-being of Canadians as well as our two official languages are priorities for the Government of Canada that we pursue jointly.
• Since the outset of the pandemic, the Government of Canada has worked to ensure Canadians have access to products critical to their health and safety, while at the same time ensuring that key information is available to Canadians in the official language of their choice.
• In the case of some products and in the face of urgent need, temporaryexemptions were applied only at the beginning of the pandemic and, since May 2020, Health Canada has worked with importers to ensure information is available in both official languages.

Background

• Given the unprecedented demand and urgent need for products that help in the fight against COVID-19, Health Canada applied exemptions at the start of the pandemic regarding labelling for disinfectants (such as Purell) and then for cleaning products from the United States that are used in the workplace.
• Various legislation governs the labelling of products, depending on the type of product in question, including the Food and Drugs Act and the Hazardous Products Act.
• Health Canada has indicated that the measures in place were temporary and were only applied at the beginning of the pandemic.
• Measures have been taken so that the importers of those products provide the wording of the labels in both official languages on their websites. They must also provide Health Canada with a bilingual safety data sheet. In regions of Canada where the population speaks and understands primarily French, they must distribute all products with bilingual or French-only labelling where possible.
• Since May 8, 2020, Health Canada has required that importers of these products make available on their websites and provide sellers with such details to inform the public at point of sale of where they can find the bilingual text. This measure was also applied retroactively starting on June 8, 2020, for products that had been previously exempted.
• The Commissioner of Official Languages has issued a report that includes three recommendations, one of which is addressed to the Treasury Board:
  • that the Treasury Board, with support from deputy heads and heads of communications, implement a strategy within 18 months of the date of this report in order to ensure:
    • the formal communications plans and procedures for emergency or crisis preparedness of each federal institution are reviewed
    • where appropriate, formal plans and procedures are amended to include clear directives to ensure that communications of equal quality are issued in both official languages simultaneously in emergency or crisis situations
    • all managers and public servants involved in emergency and crisis communications are trained in how to implement the plans and directives regarding emergency communications in both official languages
    • the effectiveness of the measures taken by federal institutions in response to this recommendation is assessed
• Several Government of Canada initiatives are underway to ensure compliance with laws and regulations regarding official languages and product labelling.
  • The Translation Bureau has provided close support to Health Canada and the Public Health Agency of Canada.
  • The Chief Human Resources Officer wrote to deputy ministers, and TBS officials reminded more than 350 managers across the federal public service of their official languages obligations.
  • The President of the Treasury Board sent a message to his Cabinet counterparts, reminding them of their official languages obligations and urging their attention to the issue.

Issue

The Commissioner of Official Languages issued a statement on April 23, 2020, indicating an increase in the number of complaints received relating to the Official Languages Act and calling on the government to respect official languages obligations in its communications to Canadians and to public servants, particularly given the importance of communicating health and safety information in both official languages.

Key facts

• In his 2019–20 annual report, published at the end of September 2020, the Commissioner further highlights the shortcomings noted at the beginning of the pandemic in terms of compliance, especially cases where important information was published in only one official language.
• Throughout the pandemic, some official language minority community stakeholders and minority media have criticized the federal and provincial governments for their shortcomings with regard to official languages obligations.
• On October 23, 2020, the President of the Treasury Board was interviewed by Radio-Canada on the use of official languages in the pandemic.
• On October 29, 2020, the Commissioner of Official Languages published his report on the impact of emergency situations on official languages.
• On November 12, 2020, the Commissioner of Official Languages published his report on the objective determination of language requirements for positions in the federal public service.

Response

• Respecting official languages is not only an obligation of and priority for the Government of Canada, it is integral to the effectiveness of our response to the pandemic.
• The government must communicate with and provide services to Canadians in both official languages if their safety and health is to be protected, and we must ensure that the use of official languages is maintained in federal workplaces.
• Throughout the crisis, my officials took steps to ensure official languages were respected, and upon learning of issues, we have responded vigorously, by emphasizing obligations under the Official Languages Act to federal institutions and highlighting the link between these obligations and an effective pandemic response.
• I myself reached out to my colleagues in Cabinet, as did the Chief Human Resources Officer with the deputy community, to remind them of their need to be attentive to this issue.
• This work will continue as we remain vigilant, proactive, and continue to work closely with the Commissioner and his office so that the rights and needs of all Canadians, including public service employees, are protected and fulfilled.

Background

• On March 31, 2020, the Office of the Chief Human Resources Officer (OCHRO) brought together persons responsible for official languages of federal institutions, stressing the importance of ensuring that statements, instructions and information be in both official languages at all times during the pandemic.
• The Commissioner of Official Languages issued a statement on April 23, 2020, highlighting the need for official languages to be respected in times of crisis, especially where the health and safety of Canadians are concerned:
  • Canadians must be able to understand messages directed to them from all federal institutions, particularly in the current context. Beyond the Official Languages Act, it’s a matter of respect and safety for all Canadians. I have therefore communicated with all deputy ministers and with official languages champions across federal institutions to remind them of the importance of meeting their obligations to communicate with the public and their employees in both official languages at all times in order to ensure the respect and security of all Canadians.
• In response, during a meeting of the National Managers’ Community, TBS reminded more than 350 managers across the public service of their official languages obligations on May 4. TBS brought together persons responsible for official languages of federal institutions again on May 29, 2020, and stressed the importance for them to ensure that statements, instructions and information be in both official languages at all times. In addition, in June 2020, OCHRO posted on the Canada.ca COVID-19 website guidance for public servants on how to work remotely and hold virtual meetings in both official languages.
• In his 2019–20 annual report, published on September 29, 2020, the Commissioner highlighted the compliance gaps observed at the beginning of the health crisis, especially the cases where important information on the health crisis was published in only one official language. He noted an increase in complaints related to communications with the public, but also with regard to communications with federal employees.
• In his October 29 report on the link between the safety of Canadians and official languages, the Commissioner proposes solutions for the observed official languages shortcomings during the crisis. During a meeting of the Committee of Assistant Deputy Ministers on Official Languages (CADMOL), held on October 21, 2020, the Commissioner spoke to the three recommendations included in this report, one of which is directed to the Treasury Board:
  • Develop a strategy to encourage, support and work with various levels of government to integrate both official languages into communications during emergency or crisis situations.

In addition to this, the Commissioner published a report on November 12, 2020, on the identification of linguistic profiles for positions in the federal public service, which, in his view, are a systemic issue. The report outlines an in-depth analysis of this issue with recommendations to help resolve it. We will analyze the Commissioner’s report and respond soon. We will continue to support institutions through training and workshops in properly identifying language requirements of positions and promoting the Treasury Board’s online tool for determining the linguistic profile of bilingual positions.

• On October 21, the Treasury Board of Canada Secretariat was made aware of a increase in section 91 complaints (that is, those that stem from the linguistic profile of a position) and anecdotal reports of public servants whose ability to work in the language of their choice since the crisis has been compromised. TBS met with the Commissioner’s office to obtain details on the nature of the complaints under section 91. On learning of this, the President and the Chief Human Resources Officer sent letters to their respective colleagues reminding them of the importance of respecting language of work obligations and the link it has to an effective response to the crisis.
• The increase in complaints appears to have arisen from a small number of complainants and should not be taken as a reflection of sudden non-compliance issues in federal institutions.
• It is also important to note that the federal government has, as of late, strengthened its support for official languages:
  • In June 2019, new Official Languages (Communications with and Services to the Public) Regulations were promulgated that will result in the designation of 700 new bilingual offices throughout the country by relying on a new, more inclusive, mechanism for determining such requirements, which makes reference to the presence of minority language schools and includes immigrants and bilingual families. The amended Regulations were well received by minority community stakeholders.
  • In addition, the Prime Minister has mandated the Minister of Official Languages, Mélanie Joly, to lead the modernization of the Official Languages Act. TBS, along with Justice Canada, is a key player in the work surrounding the modernization and has conducted in-depth analyses of the proposals and recommendations for modernizing the Act.

Issue

On October 29, 2020, the Commissioner of Official Languages released a report entitled: A Matter of Respect and Safety: The Impact of Emergency Situations on Official Languages. The report formulates possible solutions to help the federal government achieve better compliance with its official languages obligations in its interactions with Canadians in these types of situations.

Key facts

• The report includes three recommendations, one of which is addressed to the Treasury Board:
  • that the Treasury Board, with support from deputy heads and heads of communications, implement a strategy within 18 months of the date of this report in order to ensure that:
    • the formal communications plans and procedures for emergency or crisis preparedness of each federal institution are reviewed;
    • where appropriate, formal plans and procedures are amended to include clear directives to ensure that communications of equal quality are issued in both official languages simultaneously in emergency or crisis situations;
    • all managers and public servants involved in emergency and crisis communications are trained in how to implement the plans and directives regarding emergency communications in both official languages; and
    • the effectiveness of the measures taken by federal institutions in response to this recommendation is assessed.
• The two other recommendations are addressed to the Translation Bureau and the Privy Council Office.

Response

• Canadians have the right to communicate with and receive government services in both official languages.
• Departments, including the Treasury Board of Canada Secretariat, will carefully examine the recommendations of the report and continue to work with the Office of the Commissioner on the best ways to continue to support federal institutions.
• TBS officials have already taken steps to remind federal institutions of their obligations under the Official Languages Act with respect to communications to Canadians and to public servants, and to ensure that business continuity plans also prioritize translation capacity. I also wrote to my Cabinet colleagues to remind them of the importance of respecting official languages obligations during these unprecedented times.
• We will continue to make every effort to ensure consistent communications in emergency situations in both official languages.

Background

The report is based on the analysis of complaints received since the beginning of the COVID-19 crisis leading up to the date of the publication of this report (100 complaints, 72 of which are admissible), expert studies, and the results of an online consultation conducted by the Office of the Commissioner of Official Languages over the summer where more than 2,000 respondents shared their experience in matters of official languages in emergency situations.

Of the 2,228 respondents to the questionnaire of the Commissioner of Official Languages:

• 17% raised difficulties accessing information on health or public safety in the official language of their choice during past emergencies
• 24% raised similar difficulties during the current pandemic

The report outlines perceived failures in an emergency situation at provincial and federal levels. At the federal level, the lack of communications in both official languages with the public (for example, press conferences by the Chief Public Health Officer of Canada), but also internal communications with federal officials in designated bilingual regions, are noted.

According to the Commissioner, the Borbey-Mendelsohn report to the Clerk, indicated a lack of leadership in the public service to promote the skills necessary for bilingual supervision and communication with the public in both official languages. Once an emergency is declared, resources become even less available than usual, making shortcomings even more glaring.

The Commissioner also emphasizes the importance of objectively determining the linguistic requirements of positions and of adequately identifying the linguistic profile of positions in the public service to ensure institutional bilingual capacity. The Commissioner issued a second report on this very issue, entitled Implementing Section 91 of the Official Languages Act: A Systemic Problem on November 12, 2020.

In summary, the Commissioner considers the following avenues as possible remedies to the issue raised in his report:

• review linguistic profiles before staffing
• review translation processes
• change the culture in the workplace to promote efficient and adequate performance in official languages.

TBS has discussed a follow-up to this report with Public Safety Canada, which is responsible for the Emergency Management Act.

OCHRO will use various tools, such as the PSES, the Management Accountability Framework and the President’s annual report on official languages to report on initiatives taken by federal institutions following the Commissioner’s report. In fact, OCHRO has included three opinion questions, including one about official languages in the context of the pandemic, to the 2020 Public Service Employee Survey. OCHRO has also included an indicator on official languages in the context of the pandemic in the 2020–21 Management Accountability Framework.

Issue

• On November 12, 2020, the Commissioner of Official Languages released his report entitled: Implementing Section 91 of the Official Languages Act: A Systemic Problem. In his report, the Commissioner describes what he perceives as a lack of rigour and institutional consistency in the implementation of section 91 of the Official Languages Act and suggests possible solutions to the issue.

Key facts

• The report recommends that within two years of the date of the report’s publication, the Treasury Board of Canada:
  • review its policies and tools on establishing the language requirements of positions, taking into account the issues raised in this report and the needs expressed by federal institutions
  • review, together with the Canada School of Public Service, the courses the latter provides on section 91 of the Official Languages Act to ensure that the training is sufficient (number and content of courses, and target audience) according to the needs identified in this report
• Moreover, the report recommends that federal institutions make employees aware of their obligations under section 91 and establish consistent tools and procedures related to its implementation.
• The Commissioner of Official Languages also launched an online tool on the linguistic identification of positions to help institutions in the objective establishment of the language requirements of bilingual positions. This tool was inspired by the current tool, internal to the public service, for determining the linguistic profile of bilingual position.

Response

• Deputy heads are responsible for ensuring that positions are objectively identified as unilingual or bilingual and, if bilingual, that the level of bilingualism required is objectively determined.
• The objective determination of the language requirements of positions is an important element in ensuring the bilingual capacity of the public service.
• The Treasury Board of Canada Secretariat guides federal institutions in their responsibilities through our policies and directives, and regularly addresses these issues with the community of official languages specialists.
• We will continue to work with the Office of the Commissioner on the best ways to continue to support federal institutions.

Background

Section 91 of the Official Languages Act specifies the objective determination of the language requirements of positions (unilingual or bilingual as well as their level of bilingualism) during the staffing process in the federal public service. Responsibilities in relation to section 91 primarily fall to:

• the deputy head of the institution
• the Treasury Board of Canada Secretariat, which is responsible for providing policy advice to federal institutions in relation to the determination of the language requirements for positions

Between April 1, 2014, and March 31, 2020, 1,320 complaints related to section 91 were filed with the Office of the Commissioner. Of these complaints:

• 878 were investigated
• 664 are founded

Complaints affect a wide range of positions, although a significant proportion of founded complaints concern positions in the CS, AS, EC, PM and FI classifications groups as well as supervision positions in designated bilingual regions.

The explanations most commonly provided by the institutions concerned: the use of a job description that does not reflect the actual functions of the position.

Regarding supervision and service to the public, the Treasury Board Directive on Official Languages for People Management requires a minimum level of BBB.

The recurring challenges identified by institutions in connection with the implementation of section 91:

• recruitment of qualified bilingual staff
• “unfair” competition between institutions in terms of staffing (staff who go work for another institution because of the lower language requirements for the same position)
• the need for a review of the existing Treasury Board of Secretariat tool to determine the linguistic profile of bilingual positions and the revision of Treasury Board directives (the Commissioner uses this report to suggest a possible solution of raising the linguistic profile of bilingual supervision positions at a higher level (known as “CBC”)

The Commissioner makes the link between this report and his other special report on emergency situations published at the end of October, entitled A Matter of Respect and Safety: The Impact of Emergency Situations on Official Languages. In his opinion, a more fair and coherent determination of the linguistic profile of bilingual positions across government would ensure sufficient institutional bilingual capacity to respond to the compliance gaps observed during emergency situations.

The Treasury Board of Canada Secretariat is aware of the challenges facing official languages and the language of work. In response, the Treasury Board of Canada Secretariat is developing a language of work strategy (Linguistic Duality Plus).

In addition, the Office of the Chief Human resources Officer will discuss the training offered on section 91 with the Canada School of Public Service, in line with the Commissioner’s recommendation.

The Office of the Chief Human Resources Officer has also added a new question on section 91 to the 2019–20 Review on Official Languages, a questionnaire sent to federal institutions by TBS, to monitor them in this regard.

Issue

The Government of Quebec has indicated its desire to see all federally regulated businesses (such as telecommunications companies and banks) subject to the same requirements as organizations subject to the Charter of the French Language (Charter).

Key facts

• In Quebec, the Charter, also known as Bill 101, makes French the language of communications, law, work, education, commerce and business.
• It applies to public and private businesses (50 employees and up), except those under federal jurisdiction. Quebec plans to enhance such protections.
• The Bloc Québécois has signalled its desire to introduce a bill that would apply similar requirements to private enterprises under federal jurisdiction; the NDP and Conservative Party have indicated their support.
• In fall 2020, the issue was repeatedly raised during Question Period in the House, with calls for the government to support such a bill.

Response

• The government is fully committed to protecting French in Canada: this was a clear signal sent in the most recent Speech from the Throne.
• We have and will continue to support French in Quebec and Official Language Minority Communities across the country.
• The modernization of the Official Languages Act will allow us to continue to meet these commitments.

Background

Federal institutions, such as government departments and Crown corporation with operations in Quebec, fall under the Official Languages Act. Part IV of the Act and its Regulations provides for services in French everywhere in Quebec and in English in Quebec where there is significant demand. Part V of the Act gives public servants in federal institutions the right to work in the official language of their choice in regions designated as bilingual for language-of-work purposes (the National Capital Region, the province of New Brunswick, the Montréal region and parts of the Eastern Townships, the Gaspé Peninsula and Western Quebec).

Federally regulated private sector businesses, however, are not subject to language requirements. That said, a 2013 Government of Canada study concluded that, generally speaking, the language of work in these businesses operating in Quebec is French.

Issue

The Public Service Commission (PSC) has introduced new, temporary flexibilities for second-language testing, which may raise questions with respect to official languages.

Key facts

• On March 24, 2020, the PSC has established new temporary measures, that allow hiring managers, rather than PSC assessors, to conduct language tests. It is also extending the validity of expired Second Language Evaluation (SLE) results for all appointments.
• These measures are in effect until March 31, 2021, and are intended to help departments respond effectively to the crisis.
• These measures are temporary and will be removed as conditions permit.
• Departments are required to report to the PSC on how they used the temporary measures.

Response

• Respecting the official languages rights of Canadians and our employees is always a priority for the Government of Canada.
• The temporary measures created by the PSC for second-language testing support the recruitment and staffing efforts of departments in these exceptional times to better serve Canadians.
• They do not change in any way our full commitment to official languages.
• What they do is to provide hiring flexibility to deputy heads, while ensuring that we have the bilingual capacity to communicate with, and serve, the public in both official languages.
• These solutions are time-limited and ensure the effective functioning of the Government of Canada in the interest of all Canadians and public service employees.
• While time-limited, my officials will continue to monitor the implications they may have for official languages in the public service, especially as we move towards the recovery from COVID-19.

Background

The Public Service Commission (PSC) has put in place new measures to create additional staffing flexibility:

• Deputy heads are exempted from using the PSC’s SLE tests, thus allowing hiring managers to conduct the language assessment themselves.
  • Alternate tests used by departments and agencies must respect the guiding principles established by the PSC.
• Similar to a measure taken during the Deficit Reduction Exercise, the PSC is extending the validity period of SLE results that are more than five years old. For all appointments over 12 months, persons appointed must, however, confirm their official language proficiency through SLE tests approved by the PSC within 24 months of the appointment.

The PSC has created web tools to help federal institutions implement these new measures, including an FAQ, available on the PSC website. TBS and PSC officials have worked closely to develop these measures and support HR and official languages specialists in federal departments.

Issue

The government has signalled its intent to modernize the Official Languages Act.

Key facts

• The government has publicly committed to modernization in the Speech from the Throne, various mandate letters, and other public communications, with emphasis being placed on the unique situation and reality of French in Canada.
• The Official Languages Act (the Act) sets the foundation for bilingualism in the federal public service, communications and services to the public, the vitality of minority communities, and the promotion of both official languages in Canada.
• Under the Act, Treasury Board is responsible for communications with and services to the public (Part IV), language of work (Part V), and participation of English-speaking and French-speaking Canadians in the public service (Part VI), with Canadian Heritage responsible for the promotion of English and French in Canadian society (Part VII).

Response

• This government is committed to modernize the Official Languages Act this year: it is a priority for us, and ministers are working closely together on it.
• The way forward will be based on extensive public consultations, input from stakeholders, and reports of this and other committees.
• I am personally committed to actively supporting this file to support this next watershed moment for bilingualism in our country.

Background

The government’s 2019 commitment to modernization was reaffirmed in the 2020 Speech from the Throne. Minister Joly’s Supplementary Mandate Letter calls on her to table legislation in 2021. In 2019, she held public forums across the country, culminating in a major symposium in Ottawa, in May, celebrating the 50th anniversary of the Act.

In spring 2019, the Commissioner of Official Languages, the Standing Senate Committee and the House of Commons Standing Committee on Official Languages released reports calling for a modernized Act. Among the recommendations are greater centralized governance and central agency oversight of federal institutions. The Treasury Board of Canada Secretariat has collaborated closely with Canadian Heritage and the Department of Justice to analyze recommendations.

Issue

The Official Languages (Communications with and Services to the Public) Regulations were subject to a substantial review from 2016 to 2019. The amended Regulations were registered in June 2019. Although generally well received by the public and stakeholders, there has been criticism that certain changes may not come into effect before 2023.

Key facts

• Impact studies carried out by the Treasury Board of Canada Secretariat show that the regulatory amendments could result in some 700 newly bilingual offices, increasing the percentage of bilingual federal points of service from 34% to more than 40%. 
• According to those projections, Canadians and official languages communities across the country will directly benefit from those changes. For example:
  • Over 145,000 Canadians living outside of major urban centres will have access to a Service Canada office in the official language of their choice for the first time, providing them with a wide range of government services and benefits.
  • Over 60,000 more people will have access to the public safety and security services of the RCMP in the official language of their choice.

Response

• The Government of Canada is committed to providing services to Canadians in the official language of their choice.
• In 2019, the amended Regulations came into force, which included substantial modifications including:
  • A new calculation method to estimate demand for services in the minority language;
  • A strengthened obligation to consult the country’s linguistic minorities on the location of bilingual offices; and
  • The addition of a vitality criterion, namely the presence of a minority language school in the service area of a federal office, to trigger the offer of bilingual services.
• When fully implemented, the amended Regulations will result in some 700 newly bilingual offices, increasing the percentage of bilingual points of service across Canada from 34% to more than 40%.
• Some provisions are applied with data from the next decennial Census in 2021.
• Offices that are newly designated for bilingual services have one year to comply with their new obligations for planning and implementation so that they can fulfill their new linguistic obligations.

Background

The Regulations specify the circumstances under which federal institutions are required to provide their services in one or both official languages. This includes the criteria that determine whether or not there is significant demand in the minority official language.

The proposed amendments to the Regulations were tabled in Parliament on October 24, 2018. In accordance with the Official Languages Act, the proposed amendments were published in the Canada Gazette, Part I in January 2019 to give interested groups, individuals and all Canadians an opportunity to review and comment on the proposed Regulations.

The final version of the amended Regulations was registered on June 25, 2019, and published in the Canada Gazette, Part II, on July 10, 2019.

The announcement of the amended Regulations was generally well received by stakeholders, official language minority communities, the media and the public. However, a few media outlets and some parliamentarians have criticized the fact that the new measures will not be implemented before 2023.

The implementation schedule is the following:

• June 2019: The regulatory obligation to consult with official language minority communities on the location of bilingual offices took effect.
• June 2020: One year after the registration of the Regulations, the following amendments came into force:
  • all airports and train stations in provincial capitals were designated bilingual, including federal offices within these airports
  • the offices of Immigration, Refugees and Citizenship Canada in embassies and consulates were as well designated bilingual
• Fall 2022: Following the publication of the linguistic data from the 2021 Census, the following amendments will take effect:
  • the new calculation method to estimate potential demand in the minority language
  • the vitality criterion (presence of a school in offices’ service areas)
  • the modernized and expanded list of key services
• Fall: 2023: One year after the publication of the 2021 decennial Census data:
  • the demographic protection will ensure that bilingual federal offices stay bilingual when the minority population that they serve has remained the same or has increased even if their proportion of the general population has declined
  • video-conferencing services used by federal institutions to serve the public will be offered in both official languages
• Offices have one year to comply after the coming into force of the modifications. The publication of linguistic data by Statistics Canada is scheduled for 2022. All provisions of the amended Regulations should then be fully implemented by 2023–24.

Issue

What does the President’s annual report on official languagestell us about the state of official languages in the government?

Key facts

• The President of the Treasury Board tabled before Parliament his 2018–19 annual report on official languages on October 9, 2020.
• The Government of Canada maintains its capacity to serve the public in both official languages where needed. In‑person active offer of bilingual services is still a challenge.
• In the core public administration (as of March 31, 2019):
  • 43.9% of public servants are bilingual (88,096 people)
  • 42.7% of positions are bilingual (85,657 positions)
  • 49.6% of positions are English essential (99,584 positions)
  • 3.5% of positions are French essential (7,023 positions)
  • 4.2% of positions are either English or French essential (8,391 positions)

Response

• The Government of Canada is maintaining its bilingual capacity so that it continues to serve Canadians effectively in the language of their choice.
• Considerable progress has been made since the first annual report was produced 32 years ago:
  • the proportion of English-speaking and French-speaking public servants reflects the composition of the Canadian population
  • federal institutions work towards ensuring that services to Canadians are delivered in both official languages
• Treasury Board of Canada Secretariat regularly meets with federal institutions to exchange, for example, on how to greet and serve the public in both official languages.
• These opportunities allow specialists, for example, to explore recruitment and workforce planning techniques so that citizens can be served in their language of choice.

Background

The Government of Canada ensures that federal services are delivered in compliance with its official languages’ obligations, including the Canadian Charter of Rights and Freedoms and the Official Languages Act.

The Treasury Board of Canada Secretariat works with federal institutions to help them meet their obligations through policy development, sharing best practices, advice and guidance, data and survey analysis, and distribution of resources and reference materials.

The Annual Report on Official Languages 2018–19 was tabled on October 9, 2020. The report covers the implementation of Part IV (Communications with and Services to the Public), Part V (Language of Work) and Part VI (Participation of English-speaking and French-speaking Canadians) of the Official Languages Act.

Issue

Does the current monitoring and results reporting for federal institutions provide an adequate picture of official languages performance?

Key facts

• Statistical data, Public Service Employee Surveys and the reviews submitted by institutions are tools that the Treasury Board of Canada Secretariat uses to evaluate institutions’ compliance with their linguistic obligations, to report on the status of institutions’ programs on official languages, and to set its priorities for intervening when shortcomings or deficiencies are revealed.
• 91% of all institutions surveyed said that in their bilingual offices all communications materials are nearly always or very often produced and simultaneously issued in full in both official languages.
• 91% of the institutions assessed reported that oral communications nearly always or very often occur in the official language chosen by the member of the public.
• 98% of the institutions indicated that personal and central services are nearly always or very often provided to employees in bilingual regions in the official language of their choice.

Response

• The Government of Canada is fully committed to promoting official languages and ensuring compliance with the Official Languages Act.
• The Treasury Board of Canada Secretariat focuses its efforts on the continuous improvement by federal institutions.
• Data obtained from various sources, including the annual reviews submitted by institutions, allow us to monitor performance and support institutions when shortcomings are observed.
• In recent years, the Treasury Board of Canada Secretariat has asked for more evidence supporting institutional responses and added statistical tables so that institutions can more easily compare their performance with the general results.

Background

• The questionnaire-based Review on Official Languages was developed to monitor compliance with policy requirements. It is consistent with the general approach by Treasury Board of Canada Secretariat regarding monitoring and reporting.
• Members of parliamentary committees regularly question the effectiveness of a self-assessment-based method and multiple-choice questions. They have also expressed concerns that few of the review’s questions require supporting evidence.
• In 2008–09, in an effort to reduce reporting requirements, the Treasury Board of Canada Secretariat changed its approach, requiring institutions to report once every three years instead of annually.
• In 2014, the then Commissioner of Official Languages recommended that every institution should report annually. In October 2017, the Acting Commissioner reiterated this position in a follow-up report.
• In spring 2015, the Office of the Auditor General audited the Treasury Board of Canada Secretariat’s reporting requirements of federal organizations. The Auditor General commended Treasury Board of Canada Secretariat for its efforts to reduce the reporting burden, positively highlighting the decision not to require annual reporting.
• In 2016–17, the Treasury Board of Canada Secretariat increased the rigour of some questions in the review, for example, by requiring supporting evidence on responses regarding the availability and quality of services to the public.
• During an appearance before the Senate Standing Committee on Official Languages on December 10, 2018, the Commissioner of Official Languages criticized the annual review questionnaire as “ineffective” and of “unequal quality” between institutions. The Chair of the Committee echoed these statements and characterized the questionnaire as “only offering an account of the completed activities related to their obligations” without self-examination or impact assessment.
• Since then, Commissioner of Official Languages has launched his self-diagnosis tool for federal institutions, the Official Languages Maturity Model. The Commissioner’s office has conducted a first maturity model exercise in 2019–20 but has delayed the second exercise due to the pandemic.

Issue

On September 29, 2020, the Commissioner of Official Languages, Raymond Théberge, published his 2019–20 annual report. In 2019–20, the Commissioner recorded a 25% increase in admissible complaints compared to 2018–19, for a total of 1,361 complaints.

Key facts

• The report makes three recommendations, all of which are addressed to the Prime Minister:
  • consult with his ministers to find long-term solutions to the compliance issues that continue to prevent members of the public from exercising their fundamental rights – including their right to vote, their right to safety and their right to receive services from their federal government – in the official language of their choice; and, encourage provinces and territories to identify the causes of repeated breaches of the right to safety and to examine potential avenues for cooperation
  • honour his commitment and begin modernizing the Official Languages Act.
  • ensure the ongoing promotion of the importance of linguistic duality beyond the Action Plan for Official Languages 2018–2023: Investing in Our Future and that they be reflected
• The Commissioner reiterates his criticisms of the new Regulations, which came into force in June 2019, including continuing the use of the 5% threshold to define significant demand, and the use of the presence of schools in the minority language as a criterion of vitality.
• The Commissioner also raises compliance issues with the Parliamentary Protective Service and the Royal Canadian Mounted Police, Correctional Service Canada, the Canada Border Services Agency, the Canadian Air Transport Security Authority, Shared Services Canada, and Elections Canada.

Response

• Our two official languages are a key component of our identity and remain a priority for the Government of Canada, along with the health, safety and well-being of Canadians.
• We recognize our oversight role as essential to compliance and provide ongoing support to federal institutions.
• The Commissioner of Official Languages has noted shortcomings and emphasized the importance of meeting our official languages obligations, but he also recognized improvements; for example, he acknowledges the considerable efforts made by Elections Canada to recruit bilingual workers during elections.
• We will continue to work with the Office of the Commissioner on the best ways to continue to support federal institutions.

Background

In general, the Commissioner’s Annual Report on Official Languages reports on the federal government’s progress on official languages; reports on perceived failures and systemic issues, lists the statistics and the distribution of admissible complaints for the year of publication, and issues recommendations for the continuous improvement of the file.

In 2019–20, the Commissioner received a total of 1,361 admissible complaints, a 25% increase compared with 2018–19. Nearly half of the complaints received in July were made by the travelling public, while most of the complaints received in October were about the federal election. The number of complaints filed in relation to communications and services to the public (Part IV) of the Act saw a significant increase, as did the number of complaints filed under section 91 of the Act (objective determination of linguistic requirements of positions).

The 2019–20 Commissioner’s report contains four chapters, with the following issues of interest to TBS:

Issue

The COVID-19 pandemic has renewed calls associated with recommendations from the Commissioner of Official Languages and the report to the Clerk on language of work (Borbey-Mendelsohn report) to raise the linguistic profiles of bilingual supervisors to the CBC level.

Key facts

• To respect the right of employees to work and be supervised in the official language of their choice, the Treasury Board’s Directive on Official Languages for People Management (the directive) currently requires that supervisors in bilingual regions have a minimum second-language proficiency level of at least BBB.
• In 2016, the President of the Treasury Board received a letter from the former Commissioner of Official Languages asking Treasury Board to increase that requirement to CBC (higher written and oral proficiency).
• The Borbey-Mendelsohn report on language of work recommends similar actions.
• The Official Languages Act (section 91) requires that the language requirements of positions be established objectively based on the duties of each position.
• The Treasury Board of Canada Secretariat (TBS) assessed the potential operational, financial and HR-related impacts of implementing the CBC recommendation and took into consideration that departments may have reduced capacity to absorb and implement policy changes in the aftermath of the pandemic.
• TBS is developing options and an implementation plan.

Response

• The Government of Canada is committed to fulfilling its official languages obligations and to creating and maintaining a workplace that promotes the use of English and French.
• The new work context created by the pandemic, where many federal public servants are working remotely has highlighted the need for supervisors to communicate with their teams with ease in both official languages.
• Officials have taken steps to remind federal institutions of their obligations under the Official Languages Act. I also wrote to my Cabinet colleagues to remind them of the importance of respecting official languages obligations during these unprecedented times.
• TBS is exploring policy changes that would see the minimum second-language proficiency requirement for supervisors in bilingual positions and bilingual regions enhanced.

Background

As of March 31, 2018, there are approximately 25,800 bilingual supervisory positions across all regions in the core public administration, of which 58% have linguistic profiles of CBC or higher. Within bilingual regions, as of March 31, 2018, there are approximately 22,000 bilingual supervisory positions, of which 9,200 have linguistic profiles below CBC. However, of those 9,200, 43% are occupied by incumbents who already have CBC SLE levels.

TBS has developed proposals to introduce modern Qualification Standards. This will lead to a better alignment between actual tasks that need to be performed in the second official language and the language levels we are assessing through testing. It is expected that a superior second-language proficiency will be required for positions required to provide supervisory services in both official languages.

Recently, the Commissioner of Official Languages published a report entitled Implementing Section 91 of the Official Languages Act: A Systemic Problem in which he reiterates the issue with the linguistic profile of supervisory positions.

The importance of bilingualism in the public service during emergency situations was raised in an article published by Radio-Canada on October 27, 2020, entitled Le bilinguisme dans la fonction publique relégué au second plan durant la pandémie and in a similar article published on October 29 on the CBC website (Pandemic hurting bilingualism in the public sector, francophone workers say). The media reports contend that French-speaking public servants feel the pandemic has exacerbated the bilingualism shortcomings in the federal public service. They also highlight the President of the Treasury Board’s awareness of the issue and his writing to Cabinet colleagues in early November, emphasizing the importance of respecting both official languages during the pandemic.

The Public Service Employee Survey launched this month includes three questions on official languages, including a question that assesses employee satisfaction with the level of bilingualism during the pandemic.

Issue

The Borbey-Mendelsohn report on official languages in the public service provides a number of recommendations on which progress has been made.

Key facts

• In 2017, the Clerk of the Privy Council published the Borbey Mendelsohn report (formally known as The Next Level: Normalizing a Culture of Inclusive Linguistic Duality in the Federal Public Service Workplace).
• The report makes recommendations relating to leadership, policy, culture, training and tools. Their implementation involves TBS, the Public Service Commission, the Canada School of Public Service, Canadian Heritage, Public Services and Procurement Canada (including the Translation Bureau) and the Privy Council Office.
• The Clerk tasked the Committee of Assistant Deputy Ministers on Official Languages with implementation. The Committee last reported on progress in a letter to him at the end of December 2020.

Response

• The Government of Canada is committed to support and respect for both official languages.
• The government must communicate with and provide services to Canadians in both official languages to protect their health and safety, and ensure that both official languages are used in federal workplaces.
• Significant progress has been made towards the implementation of the recommendations in the Borbey-Mendelsohn report, including the establishment of an official languages portal with tools and resources, and new second-language requirements for executives.
• Modernization of the Official Languages Act is our opportunity to strengthen the linguistic capabilities of public servants, reduce the anxiety they may feel at using their first or second official language, and continue to provide Canadians with the excellent services they have come to expect in both official languages.

Background

Several recommendations have been implemented, including:

• pilot projects to improve translation and learning tools
• a pilot project delegating authority to hiring managers to assess second-language oral proficiency
• internships for federal public servants with Francophone community organizations across the country to improve their French
• creating and administering an Excellence and Leadership in Official Languages award

More specifically, Treasury Board of Canada Secretariat has led the:

• pilot study on the frequency of use of official languages at Natural Resources Canada which confirmed the need to give more importance to oral comprehension as a receptive language skill to better assist employees to participate more fully in bilingual meetings
• official languages training on both departmental official languages specialists and official languages champions to support them in helping their respective institutions meet their official languages obligations
• launch of a GCwiki page and a monthly newsletter to provide official languages specialists with a reliable platform for information-sharing
• development of screen backgrounds that can be used on MS Teams during bilingual meetings to encourage and promote the use of both official languages to be used by all departments
• development of tools and approaches to help employees conquer linguistic insecurity such as peer coaching circles, videos with senior leaders and journey-mapping

Issue

The 2017 Borbey-Mendelsohn report recommended that the bilingualism bonus be eliminated and funds be redirected to language training for public servants.

Key facts

• One of the recommendations of the Borbey-Mendelsohn report provided “That the Treasury Board Secretariat initiate discussions with the National Joint Council to repurpose the bilingualism bonus to establish a new fund to be used exclusively for the development of non-executive employees’ language skills, and co-managed with the bargaining agents.”
• TBS initiated discussions with the National Joint Council regarding the repurposing of the bilingualism bonus. Given that the bilingualism bonus is subject to collective bargaining, changes cannot be made unilaterally.

Response

• The Borbey-Mendelsohn report has been important for guiding the government’s commitment to a workplace that supports and encourages the use of both English and French.
• The government has initiated discussions with bargaining agents regarding the bilingualism bonus. Given that the bilingualism bonus is subject to collective bargaining, changes cannot be made unilaterally.
• The modernization of the Official Languages Act will be our opportunity to strengthen the linguistic capabilities of public servants, helping us to continue to provide Canadians with the excellent services they have come to expect in both official languages.

Background

• The bilingualism bonus provides for $800 to be paid annually to eligible employees who occupy a bilingual position and who meet the language requirements of their position.
• In 2017, approximately 71,000 public servants in the core public administration received the bonus, for a total cost of $55 million.
• The Bilingualism Bonus Directive is co-managed by Treasury Board and bargaining agents. The directive is hosted on the website of the National Joint Council.

Issue

Linguistic insecurity, whether in the first or second official language, is a challenge that has an impact on the use of French in the workplace.

Key facts

• Linguistic insecurity (the fear of not being competent enough in one’s first or second official language) is often felt and experienced by Francophones in a minority context and by people learning a second language. It limits the use of both official languages in federal institutions.
• In order to combat linguistic insecurity, TBS has brought together a group of seven departments – including the Office of the Commissioner of Official Languages – to examine the scope of the issue and the development of outreach approaches, tools and strategies to create a safe linguistic environment.
• The group is recording interviews with model leaders, creating a support tool to conduct bilingual virtual meetings, and setting up peer coaching circles.
• On January 8, 2021, the Commissioner of Official Languages released a report on the negative effects of linguistic insecurity and how to counter it. In March 2021, TBS will hold the Best Practices Forum in Official Languages. The President of the Treasury Board will be invited and may choose to comment on the link between linguistic insecurity and genuine leadership.

Response

• The government is committed to creating a work environment that is conducive to the effective use of both official languages in federal institutions.
• To this end, TBS has brought together a group of several federal departments – including the Office of the Commissioner of Official Languages – to develop common tools and strategies.
• These efforts, underpinned by the work underway to modernize the Official Languages Act, will help us to strengthen the linguistic capabilities of public servants, reduce the anxiety they may feel at using their first or second official language, and continue to provide Canadians with the excellent services they have come to expect in both official languages.

Background

The Commissioner’s report is entitled Linguistic (in)security at work – Exploratory survey on official languages among federal government employees in Canada. The survey was conducted with 10,828 public servants in regions designated as bilingual for language-of-work purposes.

The results of the study demonstrate that the phenomenon is real and that it has an impact on the effective use of both official languages. According to the study, 44% of Francophone respondents and 39% of Anglophone respondents feel uncomfortable using French at work.

Solutions have been identified to foster a more inclusive environment that would help overcome linguistic insecurity, such as access to second-language learning and development opportunities.

The publication of the report results was covered in several articles in some media outlets. These media believe that the use of French is a real challenge within federal institutions and that the study is relevant because it provides information on the reasons for linguistic insecurity in the public service. However, some articles claim that these results do not indicate anything new about the problem.