Language selection

Government of Canada / Gouvernement du Canada

Search

President of the Treasury Board Appearance (LANG / OLLO) Mandate & Official Languages Annual Report 2021-22

On this page

Context

  1. Scenario Note
  2. Main Key Messages

Principal Themes of Importance

  1. The Modernized Official Languages Act
  2. Language requirements for Indigenous employees
  3. Language of work and Bilingual bonus for official languages
  4. TBS Annual Report 2021-22 and Commissioner of Official Languages Annual Report 2022-23
  5. Language clauses in federal-provincial/territorial agreements

Additional Context

  1. Official languages in emergency situations
  2. Leaders of Institutions
  3. Regulations – Overview & Next Steps

A. Scenario Note

Appearance of the Honourable Anita Anand, PC, MP, President of the Treasury Board, and TBS Official before the Senate Committee on Official Languages (OLLO) and the House of Commons Standing Committee on Official Languages (LANG) on the Minister’s Mandate and the Treasury Board of Canada Secretariat’s (TBS’s) Annual Report on Official Languages 2021–22

Background

  • Both LANG and OLLO have invited the Minister of Official Languages and the President of the Treasury Board to appear, in their new roles. Committees have indicated interest in:
    • the President’s mandate
    • the 2021–22 Official Languages Annual Report for TBS
    • the modernization of the Official Languages Act resulting from the adoption of Bill C-13
  • The President is appearing in person for both committees, supported by Carsten Quell, Executive Director, Official Languages Centre of Excellence, People and Culture, Office of the Chief Human Resources Officer.
  • The appearance at OLLO on October 30, 2023, will be with the Minister of Official Languages and officials from both TBS and Canadian Heritage (PCH).
  • The appearance at LANG on November 8, 2023, will be separate from the Minister of Official Languages from PCH.
    • The Minister of Official Languages is scheduled to appear on October 25, 2023.
  • Senators and Members of Parliament will participate in a hybrid format, in the room or online, at their discretion.

Day of – scenario (OLLO)

  • The President and a TBS official are appearing in person alongside the Minister of Official Languages and PCH officials on Monday, October 30, from 5:30 pm to 7 pm. The appearance will be 90 minutes.
  • The content of the rest of the meeting is yet to be determined.
  • Speaking slots in Senate Committees are fluid, and a Speaker’s list is managed through the Clerk to the Chair. The Chair is less strict with timing for speaking slots and will allow for further follow-up questions and answers if necessary.

Day of – scenario (LANG)

  • The President and TBS officials are appearing in person on November 8, 2023, from 4:30 pm to 5:30 pm. The appearance will last 60 minutes.
  • The meeting will last from 4:30 pm to 6:30 pm. The content of the second hour of the meeting is yet to be determined.

Supporting officials

  • Carsten Quell, Executive Director, Official Languages Centre of Excellence,  People and Culture, Office of the Chief Human Resources Officer 

Briefing binder

  • A binder has been prepared in anticipation of the appearance, which the President’s office and supporting witnesses received on October 13. The binder provides an overview of the President’s mandate as it relates to official languages, modernization of the Official Languages Act, annual reports on official languages (TBS and the Official Languages Commissioner), and official languages regulations.
    • Key messages: An overview of the role and responsibilities of TBS as they relate to official languages
    • Modernization of the Official Languages Act: Information about the modernization of the Act (including TBS responsibilities, strengthening and expanding Treasury Board powers, and Part VII of the Official Languages Act)
    • Language requirements for Indigenous employees: An overview regarding potential exemptions from language requirements for speakers of Indigenous languages, including information about language training and bilingualism bonuses for Indigenous employees
    • Language of work and bilingual bonus for official languages: Information about modifications put forward in Bill C-13 that affect language of work, government commitments made in official languages reform, as well as addition details on the Bilingualism Bonus Directive
    • Annual reports on official languages: Overview of the Annual Report on Official Languages 2021–22 for TBS, statistics and trends on the bilingual capacity of the public service, and an overview of the Annual Report 2022-2023 from the Commissioner of Official Languages
    • Additional context: An overview and next steps on Regulations and Part IV concerns from a TBS perspective, official languages in emergency situations, language clauses in federal-provincial-territorial agreements and leaders of institutions

Other relevant information

  • The Commissioner of Official Languages tabled his Annual Report 2022-2023 in Parliament on May 30, 2023. He appeared at OLLO on October 23, 2023, to discuss his report. He also appeared at LANG to discuss his report last June and was critical of TBS as it pertains to ensuring compliance of federal institutions with official languages requirements.
  • On June 5, 2023, then-President of the Treasury Board, Mona Fortier, appeared at OLLO alongside the Minister of Official Languages regarding Bill C-13. She also appeared shortly before that, on March 27, 2023, to discuss TBS’s annual report on official languages for the fiscal year 2020–21.
  • On June 12, 2023, OLLO completed its study on Bill C-13, adopting the Bill as is without a single amendment.
  • The President of the Treasury Board’s last appearance at LANG was on December 6, 2022, on Bill C-13.
  • LANG completed its clause-by-clause study of Bill C-13 on March 31, 2023, with TBS officials being present throughout the study to answer questions from the Members. The Bill was significantly amended in committee before following its legislative process in the House and then the Senate.
  • The OLLO Committee examined other studies of limited interest to TBS since the start of the 44th Parliament, namely:
    • Francophone Immigration to Minority Communities (including a study on the Government Response)
    • the application of the Official Languages Act and its regulations and directives in institutions subject to the Act
    • minority-language health services
  • The LANG committee also examined other studies of limited interest to TBS since the start of the 44th Parliament, including:
    • Increased Francophone Immigration to Canada
    • Government Measures to Protect and Promote French in Quebec and in Canada
    • Importance of Official Languages at Canadian National
    • Importance of Official Languages at Air Canada

B. Main Key Messages

  • Our two official languages contribute to the values of diversity and inclusion that characterize Canadian society, and bilingualism remains a priority for the Government of Canada.
  • Receiving services from the Government of Canada in either official language is a fundamental right of every Canadian and the Government of Canada is committed to ensure that this right is upheld.
  • A more bilingual public service is one that can best meet the needs of Canadians.
  • We are dedicated to fostering a work environment that is conducive to the use of both English and French.
  • The Treasury Board is responsible for the general direction and coordination of the policies and programs relating to the implementation of Parts IV, V and VI of the Official Languages Act in federal institutions.
  • The modernized Act strengthens and broadens the Treasury Board of Canada Secretariat’s oversight responsibilities, thus improving service delivery to Canadians in the official language of their choice.

1. The Modernized Official Languages Act

Issue

Bill C-13 received Royal assent on June 20, 2023. The modernized Official Languages Act (OLA) introduces several changes that affect the Treasury Board, its President and its Secretariat.

Response

  • The Treasury Board has longstanding responsibilities for the Official Languages Act, including:
    • Communications with and services to the public;
    • Language of work in federal institutions; and
    • Participation of English-speaking and French-speaking Canadians in the federal public service.
  • As President of the Treasury Board, I also now have the responsibility for coordinating the government-wide implementation of the modernized Act, in consultation with other ministers, and ensuring its good governance.
  • In addition, the modernized Act gives Treasury Board more powers to monitor, audit, and evaluate the compliance of federal institutions with their obligations, so as to ensure that, for example, Canadians receive services in the official language of their choice.
  • These new responsibilities are now in effect, and I look forward to working with my colleagues as we implement Canada’s renewed Official Languages Act.

Background

Treasury Board Secretariat responsibilities

  • Providing overall direction and coordinating Government of Canada policies and programs related to communications with and services to the public (Part IV); language of work (Part V); and the equitable participation of English-speaking and French-speaking Canadians in federal institutions (Part VI).
  • Reporting to Parliament on the execution of official languages programs in federal institutions. Last report tabled in Parliament was on October 5, 2023.

Changes to the Official Languages Act

Role of the President of Treasury Board

Since its royal assent, the modernized Official Languages Act gives the President of the Treasury Board (rather than the Minister of Canadian Heritage) the following responsibilities:

  1. To undertake a leadership role in the implementation of the Official Languages Act;
  2. To coordinate the implementation of the Act in consultation with other federal ministers and ensuring the proper governance of the Act;
  3. To coordinate, among other things, the implementation of the commitments set out in subsections 41(1) to (3) with respect to the enhancement of the vitality of the English and French linguistic minority communities, the protection and promotion of the French language, and the provision of learning opportunities in the language of the official language minority.

The Minister of Canadian Heritage retains the role of developing a government-wide official languages strategy, in consultation with the President of the Treasury Board. The Minister also retains existing responsibilities for collaboration with provincial and territorial governments and non-governmental organizations. These responsibilities have been assigned to the Minister of Employment, Workforce Development and Official Languages, who is supported by the Department of Canadian Heritage.

Strengthened and broadened powers of the Treasury Board

The Treasury Board's existing authorities with respect to language of service and communication with the public (Part IV), language of work (Part V) and equitable participation of English and French speakers in the federal public service (Part VI) are strengthened, as most provisions have been changed from discretionary to mandatory. The Treasury Board is now required rather than having discretion to establish policies, monitor the compliance of federal institutions, and evaluate and audit the official languages policies and programs of federal institutions. It is also required to inform employees of federal institutions of the established policies, directives and programs of application.

These authorities are also broadened to apply to the obligation of federal institutions to take positive measures to achieve substantive equality between English and French, and to consider the inclusion of language clauses in certain agreements negotiated with the provinces and territories.

Positive measures can take many forms, such as financial support for a community development project, a secondment to a non-governmental organization to share knowledge or expertise, or incentivizing private sector organizations of national importance to reflect and promote Canada's bilingual character at home and abroad.

Part VII of the Official Languages Act

Part VII of the Official Languages Act (Act) commits federal institutions to taking positive measures to:

  • Enhance the vitality and support the development of official language minority communities;
  • Protect the French language; and
  • Foster the full recognition and use of English and French in Canadian society.

Institutions must ensure that they take positive measures that are concrete and intentional, that respect the need to protect and promote the French language, that take into account the specific needs of English- and French-speaking communities, and that are based on impact analysis and consultation where appropriate.

Various stakeholders, including the Commissioner, also expect the government to make regulations that would set out requirements for taking positive measures. The modernized Act assigns the Treasury Board the following responsibilities in relation to Part VII of the Act:

  • Part VII regulations: In consultation with the Minister of Canadian Heritage, Treasury Board shall establish policies, recommend policies to the Governor in Council or issue directives to give effect to taking positive measures and the inclusion of language clauses while negotiating federal-provincial/territorial agreements. Treasury Board will now begin the process of developing such regulations; and
  • Monitoring and compliance auditing of federal institutions: Treasury Board is now required to fully exercise its monitoring functions with respect to federal institutions' compliance with the obligation to take positive measures and to consider the inclusion of language clauses in federal-provincial/territorial agreements.

2. Exemption from language requirements for speakers of Indigenous languages

Issue

In relation to reconciliation, the question has arisen as to whether Indigenous employees should be exempted from meeting official languages requirements. It has also been suggested that a bilingualism bonus should be offered to employees who use an Indigenous language to perform their duties at work.

Response

  • We recognize that speaking an Indigenous language is an asset for the Government of Canada. In fact, on July 10, 2023, the Treasury Board Secretariat released the results of the first-ever survey on the extent and scope of Indigenous languages use in the public service. The survey was undertaken in collaboration with the Public Service Alliance of Canada.
  • The data presented in this survey will help us to develop options to support Indigenous language capacity in the federal public service and reflect the Government’s commitment to reconciliation with Indigenous Peoples.
  • At the same time, as part of our commitment to creating an inclusive public service, we  are assessing how to address specific challenges that Indigenous employees may face in meeting official language requirements in the Public Service.
  • We are developing an inclusive language-training framework for effective, flexible, and accessible training to support all second language learners, including Indigenous employees, that will address feedback obtained through our consultations with equity seeking groups.

If pressed on the bilingualism bonus and Indigenous language training:

  • The Government of Canada currently provides all non-executive staff in bilingual positions who meet the language requirements of their position a bilingualism bonus, as specified in the Bilingualism Bonus Directive.
  • While we are looking for ways to support Indigenous languages, there is no plan to extend the bonus to languages other than English and French.
  • The Department of Canadian Heritage is responsible for the implementation of the Indigenous Languages Act, which includes the issue of Indigenous languages capacity in the public service.

Background

In 2017, the report Many Voices One Mind: a Pathway to Reconciliation - Canada.ca indicated that language requirements can be a barrier to the advancement of Indigenous employees. Subsequently, a permanent exemption was demanded by some Indigenous employees.

An interdepartmental working group led by the Knowledge Centre for Indigenous Inclusion (KCII) is exploring policy options with the goal of removing linguistic barriers for Indigenous employees. The focus is on language training and temporary flexibilities, such as the existing non-imperative staffing approach.

The situation of Indigenous employees is unique due to the impacts of colonization and the intergenerational trauma related to Residential Schools, including language loss, which can pose challenges to the learning of a second official language.

Following media questions about exempting Indigenous employees from official languages requirements, the government made a public statement on August 17, 2022 that a blanket exemption is not being considered.

A union-management committee was formed to consider the use of Indigenous languages by public servants in delivering services to Canadians. The Report on the Use of Indigenous Languages in Canada’s Public Service - Canada.ca was published in July 2023, and is available on the Treasury Board of Canada Secretariat website.

This Joint Report presents the results of the first inquiry into the scale and scope of the use of Indigenous languages in 24 federal public service organizations for the Program and Administrative Services (PA) and Education and Library Services (EB) occupational groups and Parks Canada (PC) Bargaining Unit Members. Two questionnaires, one at the organizational level and one at the team level, were developed to collect data between October 21, 2021, and January 10, 2022. Twenty-five organizations were selected to participate based on their mandates and their interaction and engagement with or impact on Indigenous communities.

While the findings of the Joint Report cannot be deemed representative, they provide a first-ever insight into the use of Indigenous languages in the federal public service.

The bilingualism bonus was introduced in 1977. It was intended as a temporary measure to enhance the bilingualism of the workforce and bilingual services to Canadians.

Position of the Treasury Board of Canada Secretariat (TBS)

Exempting Indigenous employees from meeting official languages requirements

  • TBS is supporting Indigenous employees, some of whom are experiencing official languages as a barrier to their career advancement, while strengthening bilingualism in the workplace.
  • On the basis of the official languages reform document English and French: Towards a substantive equality of official languages in Canada - Canada.ca, the government has committed to improving access to language training for Indigenous employees as part of a new second language training framework.

Bilingualism Bonus

  • The bilingualism bonus is intended for employees who occupy a position requiring the use of both official languages and who meet the language requirements of that position.
  • The current Bilingualism Bonus Directive (njc-cnm.gc.ca) does not cover speakers of Indigenous languages and the Government has no plans in that regard.

3. Language of work and Bilingualism bonus for official languages

Issue

The modernized Official Languages Act addresses concerns related to the language of work in the federal public service brought forward by some stakeholders and parliamentarians.

Response

  • The Treasury Board of Canada Secretariat oversees the compliance with language of work rights in the federal public service.
  • The federal public service is becoming increasingly bilingual:
    • There are more bilingual positions (42% in 2022 compared to 35% in 2000);
    • There are more bilingual employees who meet the language requirements of their position (96% in 2022 compared to 83% in 2000); and
    • There are more positions that require a superior level of bilingualism (almost 38% in 2022 compared to 25% in 2000).
  • A more bilingual public service is one that can better meet the needs of Canadians and we are dedicated to fostering a work environment that is conducive to the use of both English and French.
  • As of 2025, all employees occupying a position in a bilingual region will have the right to be supervised in the official language of their choice, regardless of the linguistic requirements of their position. The Act protects the rights of supervisors who held their position before the new act was adopted.

Bilingualism bonus

  • Employees who occupy a bilingual position who meet the language requirements of their positions are eligible to receive the bilingualism bonus.
    • In the agreement signed with the Public Service Alliance of Canada last June, the Government committed to recommend the review of the National Joint Council Bilingualism Bonus Directive in 2023-2024-.

Background

Originally, Bill C-13 did not include amendments to Part V of the Official Languages Act (OLA). However, during parliamentary study, the House of Commons Standing Committee on Official Languages (LANG) adopted several motions to amend the bill, including one regarding the right of employees to be supervised in the official language of their choice.

As of June 2025, the modernized Official Languages Act (adopted in June 2023) will provide the right to any employee occupying a position in the National Capital Region or in a region designated bilingual for language-of-work purposes to be supervised in the official language of their choice, regardless of the language requirements of their position. The Act does, however, provide for the protection of the rights of current incumbents of affected supervisory positions.

Prior to this amendment, only employees in bilingual regions who occupied bilingual positions or whose supervisors occupied bilingual positions had the right to be supervised in the official language of their choice.

Treasury Board Secretariat is currently studying the full impact of the amendment.

Bill C-13 – Proposed modifications in other parts of the OLA that affect language of work

  • Strengthening the responsibilities of the Treasury Board to fully exercise the functions of monitoring the compliance of federal institutions with all legislative, regulatory and policy provisions affecting, among other things, language of work (Part V) of the Act and reporting to Parliament;
  • Additional powers for the Commissioner of Official Languages, such as the possibility of entering into binding agreements with federal institutions and entities subject to the Act to oversee the implementation of recommended changes.

Government commitments made in the OL reform document English and French: Towards a substantive equality of official languages in Canada include the following administrative proposals aimed at strengthening bilingualism in the public service:

Under TBS responsibility:

  • the development of a new second-language training framework for the public service to improve support for federal public servants in learning their second official language;
  • the revision of the minimum second language requirements for bilingual supervisory positions in bilingual regions to support a bilingual work environment; and,
  • the review of the Official Languages Qualification Standards to ensure they are relevant and meet the needs of today’s public service.

Bilingualism bonus

The bilingualism bonus was introduced in 1977 with the objective of serving as a temporary incentive to encourage employees to become bilingual. The eligibility criteria and conditions are set out in the National Joint Council (NJC) Bilingualism Bonus Directive which was co-developed by the participating bargaining agents and the employer. Changes to the Directive must be co-developed through the NJC cyclical review process.

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.

Over the years, the Public Services Alliance of Canada (PSAC) and the Professional Institute of the Public Service of Canada (PIPSC) have argued for the indexation of the bonus.

The relevance of the bonus has been questioned in the past on several occasions by various stakeholders:

  • In her 2002 Annual Report, the Commissioner of Official Languages, Dyane Adam, wrote that knowledge of English and French should be considered a basic skill on the same basis as other required professional skills and proposed eliminating the bilingualism bonus.
  • In 2005, the House of Commons Standing Committee on Official Languages recommended that the bonus be abolished and that proficiency in both official languages be a professional skill reflected in the salaries of federal employees.
    • On June 27, 2023, the Treasury Board Secretariat and the PSAC signed an agreement  in which the government committed to recommending the review of the National Joint Council’s (NJC) Bilingualism Bonus Directive.

4. Annual Reports on Official Languages

Issue

The President of the Treasury Board’s Annual Report on Official Languages 2021-2022 was tabled on October 5, 2023. The report provides an update on the application of Parts IV, V and VI of the Official Languages Act, with a focus on the overall status of official languages programs across the Government of Canada.

The Commissioner of Official Languages published his Annual Report on Official Languages 2022-2023 on May 30, 2023. Three of his recommendations are aimed at the Treasury Board.

Response

TBS Annual Report on Official Languages 2021-22

  • The Annual Report on Official Languages provides a regular update to parliamentarians and Canadians on the government's official languages performance.
  • The report demonstrates strong official languages performance in the federal public service, particularly in terms of the representation of Anglophones and Francophones in the public service. At 30%, the report shows a high participation rate of Francophones in the core public administration.
  • The report also highlights a strong ability to offer services in both official languages, given the bilingual capacity of the public service. As of March 31, 2022, the report indicates that 96% of employees in bilingual positions meet the language requirements of their position.
  • While progress has been made to promote bilingualism throughout the public service, some challenges remain, such as creating a work environment that is conducive to the use of both English and French. For example, less than 60% of federal institutions indicate that they have best practices in place, such as:
    • ensuring a positive work environment post-language training to maintain language competencies; and
    • considering official languages in performance agreements.
  • TBS is supporting federal institutions in addressing these issues by developing a new second language training framework.

Report of the Commissioner of Official Languages 2022-23

  • On May 30, 2023, the Commissioner of Official Languages published his Annual Report 2022-2023.
  • Like the Commissioner, I am committed to good governance and compliance with official languages obligations by federal institutions. TBS’s oversight role is critical, and we continue to provide strong support to federal institutions.
  • The 2022-2023 Annual Report includes three recommendations for Treasury Board. They concern the language obligations of airport authorities, the promotion of official languages in the public service, and the implementation of an action plan for bilingual staffing in federal institutions.
  • TBS has begun work and discussions with the concerned partners to follow up on the Commissioner's recommendations.

Background

The report 2021-22 was tabled on October 5, 2023. It presents the results of the most recent self-assessments of all institutions subject to the Official Languages Act before its modernization, regarding communications with and services to the public, language of work, English-speaking and French-speaking representation in the federal public service, governance of official languages, monitoring and human resources management. It reflects resources data provided by institutions related to official languages. The report also describes how institutions have responded to the pandemic, and outlines some of the measures the Treasury Board of Canada Secretariat (TBS) has taken in 2021-22 to ensure overall compliance with the Act. In particular, it discusses efforts to strengthen official languages coordination and accountability.

Since 2020-21, the Annual Report innovates by presenting the most recent reviews’ results of all the institutions subject to the Official Languages Act and by comparing them to the previous 3-year-cycle’s results, when possible. This report sets out in general terms the results of the annual reviews submitted by the federal institutions for the three-year 2019-22 cycle, comparing them, where possible, with those obtained during the three-year 2016-19 cycle.

In fact, there is evidence of stability and strong performance with respect to official languages in the federal public service for 2021–22:

  • Over 90% of institutions apply some of the best human resources management, governance and monitoring practices that promote the advancement of English and French. For example, almost all say they conduct the linguistic designation of positions objectively, or that they ensure that senior management is informed of the results of monitoring activities. However, some official languages management practices are not sufficiently widespread, contributing to the shortcomings noted in the various sections of this report.
  • Anglophones and Francophones participate in an equitable manner in the workforce of institutions subject to the Official Languages Act across the country. The challenge over the next few years will be to take the necessary steps to ensure that this situation continues.
  • The core public administration of the public service maintains its capacity to provide services in both official languages to the public and to its employees.
  • As part of the implementation of Part V of the Act (Language of Work) in 2019-22, significant gaps remain. Far too many institutions, in particular, still do not grant their staff the right to write texts in the official language of their choice, or to participate in meetings using English or French. As reported in last year's report, the Secretariat is stepping up its efforts to improve the language of work situation. On numerous occasions, the TBS has addressed the language insecurity of public servants and managers –and how to overcome it to create a workplace truly conducive to the use of both official languages–, as well as the language rights of employees, through training sessions for champions and persons responsible for official languages. In addition, several institutions distributed the TBS reminder to ensure linguistic duality in a remote working environment.
  • Within the core public administration (data as of March 31, 2022):
    • 41.7% of positions are bilingual (98,550 people);
    • 95.9% of incumbents of bilingual positions meet the linguistic requirements of their positions (94,476 of the 98,550 bilingual positions);
    • 37.7% of bilingual positions require a higher competency level in oral interaction (37,152 positions).
  • The proportions of public servants that have French as their first official language (25.4%) and that have English as their first official language (74.6%) in all the institutions subject to the Act are still representative of the Canadian population (21.4% and 75.5% respectively, and 1.3% of Canada that said that English and French are both their first official languages according to the 2021 Census).

TBS plays a central role in the implementation of the various parts of the Act. This role includes, for example, in 2021-22, the analysis of over 400 Treasury Board submissions under the lens of "Parts IV, V and VI of the Act".

Report of the Commissioner of Official Languages 2022-23

The purpose of the Commissioner's annual reports is to inform the public and Parliament of how the federal government is fulfilling its responsibilities under the Official Languages Act (Act) and to report on the activities of the Office of the Commissioner of Official Languages.

The report for 2022-2023 presents three themes: Official languages and the travelling public; Reviving bilingualism in the Public Service; and The Action Plan for Official Languages:  a powerful tool, but with room for improvement. In the report, the Office of the Commissioner of Official Languages indicates that it received a total of 1,788 admissible complaints under the Act, in 2022-2023. Of these complaints, 810 are related to Part IV of the Act, Communications with and Services to the Public, from which 497 concerned the travelling public. Most of the other complaints relate to language requirements of positions, meaning Section 91 of Part XI of the Act (714 complaints), followed by the application of Part V of the Act, Language of Work (207 complaints).

The following three recommendations are explicitly addressed to the Treasury Board:

  • The Commissioner recommends that the President of the Treasury Board and the Minister of Transport develop tools and guidelines related to the language obligations of airport authorities and share them with the airport authorities by March 31, 2024;
  • He recommends that, by the end of June 2025, the President of the Treasury Board, the Minister of Official Languages and the Clerk of the Privy Council work together to:
    • Draft an action plan in which they define concrete ways to highlight the role of official languages in the federal public service;
    • Measure the actual capacity of federal public servants to work in the official language of their choice in regions designated bilingual for language-of-work purposes;
  • The Commissioner recommends that the President of the Treasury Board implement her three-year action plan by June 2025 to ensure that federal institutions comply with section 91 of the Official Languages Act.

The following recommendation is not explicitly addressed to the Treasury Board, but related to the first recommendation above:

  • The Commissioner recommends that the Minister of Transport require airport authorities to submit a plan on how they will fulfill their language obligations to the public by June 30, 2025.

Status on the implementation of the recommendations

Language requirements of airport authorities

Discussions between TBS and Transport Canada have begun to follow up on the two recommendations concerning the language obligations of airport authorities.

Action plan and measurement of official languages in the public service

The three federal institutions work together on an ongoing basis through the Committee of Assistant Deputy Ministers on Official Languages (CADMOL) to address horizontal official languages issues.

The mechanism used to measure whether public servants can work in the official language of their choice is the Public Service Employee Survey (PSES). In addition, the Treasury Board's Annual Report on Official Languages provides data on the bilingual capacity of the Public Service.

Action plan on Section 91 of the Official Languages Act

On November 12, 2020, the Commissioner of Official Languages released his special report titled Implementing Section 91 of the Official Languages Act: A Systemic Problem. In response to the Commissioner’s report, a three-year action plan (2022–2025) was developed and approved to better equip subdelegated managers to apply section 91 by objectively establishing the language requirements of positions to be staffed. Among other things, the action plan will strengthen policy mechanisms, consolidate language requirements capacity among various key stakeholders, provide tools and increase monitoring of Section 91 compliance. Implementation of the plan has already begun and several initiatives are underway, including:

  • Raising awareness of the importance of language requirements for positions through information sessions and the publication of articles or newsletters on the subject.
  • Strengthening the monitoring of compliance with section 91 by including a question on the language requirements of positions in the questionnaire used for the annual review of officiallanguages.
  • Analysis of raising minimum language requirements for new appointments for supervisors in designated bilingual regions.
  • Review of training offered by the Canada School of Public Service and the Human Resources Council.
  • Establishment of a comprehensive list of existing tools, references and training to effectively equip key stakeholders in the establishment of language requirements.

5. Language clauses in federal-provincial/territorial agreements

Issue

The modernized Official Languages Act now contains a requirement regarding language clauses in federal-provincial/territorial agreements.

Response

  • Provinces and territories have an important role to play in supporting official language minority communities and the success of the modernized Act depends in part on their commitment to our two official languages.
  • That’s why the modernized Official Languages Act now requires federal institutions to promote the inclusion of language clauses when negotiating agreements with provincial and territorial governments.
  • The Government of Canada will continue to work in partnership with all provinces and territories to support official languages and official language minority communities.

Background

Currently, the requirements for transfer payment arrangements are set out in the Treasury Board Policy on Transfer Payments and the Directive on Transfer Payments. The Policy states that Deputy Heads are responsible for ensuring that “transfer payment programs support activities that benefit members of both official language communities, that their design and delivery respect the obligations of the Government of Canada as set out in Part VII of the Actand that services and benefits are made available in both official languages in compliance with the Official Languages Act.”

In a case where the province or territory is acting on behalf of the federal government within the meaning of the Act, a language clause(s) that reflect(s) the federal obligations under Part IV of the Act must be inserted in the agreement.

In a case where transfer payment programs support activities for the benefit of members of both official languages communities, their design and implementation must respect the Government of Canada's obligations under Part VII of the Act.

The modernized Official Languages Act, which received royal assent on June 20, 2023, strengthens the obligations under Part VII, particularly with respect to the obligations of institutions to take positive measures. Also, the modernized Official Languages Act now requires federal institutions to promote the inclusion of language clauses when negotiating agreements with the provincial and territorial governments, including funding agreements, that may contribute to the implementation of the commitments under subsections 41 (1) to (3) of the Official Language Act, which fall under the responsibility of the President of the Treasury Board. The nature of this requirement recognizes that intergovernmental agreements are negotiated, not imposed, and must respect the constitutional distribution of powers.

In addition, the modernized Official Languages Act requires Treasury Board to verify compliance by federal institutions with its official languages policies, directives, and regulations, including those relating to the taking of positive measures. It is important to note that federal institutions that negotiate agreements with the provinces and territories must do so in accordance with the legal framework and areas of jurisdiction.

6. Official languages in emergency situations

Background

The Treasury Board of Secretariat (TBS) works closely with departments that play a key role regarding the health and safety of Canadians to ensure that communications in emergency and crisis situations are always of equal quality in both official languages.

Most emergency situations in Canada are local in nature and managed by municipalities, provinces or territories. The federal government contributes to responding to emergency situations through some of its programs and policies, including public health, and works in consultation and close collaboration with provincial and territorial governments.

The work that TBS is undertaking with these departments predates but is fully aligned with the new legislation and responds to the recommendations of the Commissioner of Official Languages in his report entitled A Matter of Respect and Safety: The Impact of Emergency Situations on Official Languages. The report suggests ways to ensure better compliance with official languages obligations in emergency situations, particularly regarding communications with the public.

In collaboration with key departments (Public Safety, Privy Council Office, Translation Bureau), TBS has developed a coordinated strategy to improve governance, tools, accountability, and strengthened the role of the Translation Bureau. An action plan with concrete initiatives and timelines has been developed to meet the objectives identified in the strategy. TBS is working with other federal institutions to coordinate the implementation of this plan.

No provision in the former Official Languages Act directly addressed language obligations in emergency situations. The modernized Official Languages Act recognizes explicitly the importance of bilingual communications in emergency situations by adding a paragraph to the preamble, stating that official languages rights and provisions apply even in an emergency situation.

7. Leaders of institutions

Background

Official Languages Act Governor in Council appointments

The Official Languages Act now states that anyone appointed by the Governor in Council to the position of deputy minister, associate deputy minister and positions of equivalent rank in federal institutions must take, upon their appointment, the necessary language training to be able to clearly speak and understand both official languages. This is a matter for the Privy Council Office; Treasury Board policy instruments do not apply to the positions in question.

Public speeches by institutional leaders

In 2022, the Commissioner of Official Languages received a significant number of complaints about the unilingual (English) speeches of the CEO of Air Canada and the Minister of Immigration, Refugees and Citizenship Canada (IRCC). In 2021, the appointment of Mary Simon as Governor General, who is bilingual but not proficient in French, also generated a number of criticisms, particularly about the language skills of institutional leaders.

Aside from deputy ministers, associate deputy ministers and positions of equivalent rank in certain institutions, Governor-in-Council appointments are not subject to bilingualism requirements.

As well, Ministers and their staff do not fall under the bilingualism requirements for federal institutions.

Court of Queen’s Bench of New Brunswick Decision

The Société de l'Acadie du Nouveau-Brunswick filed an application in the New Brunswick Court of Queen's Bench seeking an order regarding the recommendation of the Prime Minister of Canada for the appointment of the unilingual English-speaking Lieutenant Governor of New Brunswick.

On April 14, 2022, Chief Justice DeWare of the Court of Queen's Bench of New Brunswick ruled that the process that led to the appointment of a unilingual Lieutenant Governor of New Brunswick was unconstitutional and ordered that "pursuant to subsections 16(2), 16.1(2) and 20(2) of the Canadian Charter of Rights and Freedoms, the Lieutenant Governor of New Brunswick must be bilingual and able to perform all the duties of the office in both English and French”.

On May 13, 2022, the Attorney General of Canada filed a notice of appeal of this decision with the New Brunswick Court of Appeal. The New Brunswick Court of Appeal heard the appeal on June 15, 2023. We are awaiting a decision from the Court.

Motion for Declaratory Judgment Regarding the Appointment of Her Excellency the Right Honourable Mary Simon

On June 29, 2022, a motion for declaratory judgment related to the appointment of Her Excellency the Right Honorable Mary Simon was served on the Attorney General of Canada (AGC). Relying on the Court of Queen’s Bench of New Brunswick decision, the plaintiffs allege that the appointment of the current Governor General contravenes subsections 16(1) and 20(1) of the Charter since at the time of her appointment, she did not speak one of the two official languages of Canada, French. The plaintiffs also point out that Inuktitut, one of the two languages spoken by the Governor General, is not one of the two official languages of Canada and that section 27 of the Charter (preservation of multicultural heritage) does not allow for a derogation from the privileged status of English and French, provided for in subsections 16(1) and 20(1) of the Charter.

The Attorney General of Canada filed a Motion for declinatory exception, asking the Quebec Superior Court to dismiss the claim as falling within the exclusive jurisdiction of the Federal Court. In a judgment handed down on June 13, 2023, the Superior Court denied the motion, deeming that it had the necessary jurisdiction to deal with the case.

8. Regulations – Overview and next steps

Background

The Official Languages (Communications with and Services to the Public) Regulations (the Regulations) set out the circumstances in which federal offices are required to offer their services in one or both official languages, including the criteria that determine whether or not there is significant demand in a minority official language.

Between 2016 and 2019, the Regulations were reviewed in depth for the first time since their adoption (1991). As part of that review, TBS held extensive consultations across the country, including with official language minority communities, representatives of provincial and territorial governments, and the Office of the Commissioner of Official Languages.

The amended Regulations were made on June 25, 2019, and include significant changes, such as:

  • a new, more inclusive method for estimating significant demand in the minority official language that takes into account immigrants and bilingual families who speak the minority official language at home;
  • a qualitative vitality criterion that recognizes that the existence of a minority official language school is a stable indicator of the vitality of the community and ensures that bilingual federal services are provided near those schools (e.g., a post office); and
  • a demographic protection clause that recognizes that the official language minority population does not necessarily grow as fast as the majority population and ensures that an office will remain bilingual if the official language minority population remains stable, even if its proportion compared to the general population has declined.

Following the publication on August 17, 2022, of the latest Census language data, the regulatory amendments will be applied gradually on institutions’ offices using the amended Directive and the Official Languages Regulations Reapplication Exercise that is being coordinated by TBS. Launched on September 21, 2023, the exercise will run in a series of steps with full implementation of the new language obligations expected in 2027.

In August 2022, the President of the Treasury Board approved the revised Directive on the Implementation of the Official Languages (Communications with and Services to the Public) Regulations. The revised Directive will enable institutions to implement the regulatory changes made in 2019 and serves to clarify certain application issues for institutions. For example: 

  • Defining certain terms - service areas, minority schools; and
  • Identify expected timeframes - to conduct consultations, establish service areas, measure demand for minority language services.

The Official Languages Regulations Reapplication Exercise (OLRRE) will update the linguistic designation of federal offices, using data from the most recent decennial census. This major review will confirm which offices are required to communicate with and provide services to the public in English, in French or in both official languages.

Page details

2023-12-05