President of the Treasury Board appearance before the Standing Senate Committee on Official Languages (OLLO) – Bill C-13 – June 2023

Context

1. Scenario Note
2. Current roles and responsibilities on official languages in the federal government
3. Mandate letter: Official languages in the public service

C-13 – New Version & TBS Responsibility

1. Changes made to Bill C-13 for the Treasury Board Secretariat
2. Strengthen and expand the powers of the Treasury Board
3. Part VII – Compliance and positive measures
4. Official languages in emergency situations
5. Implementation of Bill C-13 – Funding for the Treasury Board Secretariat

C-13 – Responsibility of other departments

6. Other elements of the official languages reform

Topics of Interest

7. Language clauses in federal-provincial/territorial agreements
8. Exemption from language requirements for speakers of Indigenous languages
9. Language of work
10. Bilingualism bonus for official languages
11. Leadership of institutional leaders
12. Disposal of Real Property

Reports, Statistics and Trends on Official Languages

13. Committees and Commissioner of Official Languages’ recommendations
    1. LANG Committee – Recommendations for the modernization of the OLA
    2. Recommendations of the OLLO committee: Modernization of the Official Languages Act
    3. OLLO Committee – Report on the Content of Bill C-13
    4. Commissioner of Official Languages’ brief of Bill C-13
14. Report from the Parliamentary Budget Officer on Cost Estimate of Bill C-13
15. Treasury Board’s Official Languages Annual Report 2020-21
16. Report of the Commissioner of Official Languages – The impact of emergencies on official languages
17. Report of the Commissioner of Official Languages 2022-23

Review of the Official Languages Regulations

18. Regulations – Overview and next steps

Background

• The Minister of Official Languages introduced Bill C-13, An Act for the Substantive Equality of Canada’s Official Languages, on March 1, 2022 in the House of Commons.
• The bill passed second reading on May 30, 2022 and was referred to the House Standing Committee on Official Languages (LANG), which completed its review and clause-by-clause analysis on April 18, 2023.
• Report stage in the House of Commons was held from April 26 to May 11, 2023. Bill C-13 was then read a third time and passed on May 15, 2023.
• The bill was adopted in the Senate at second reading the week of May 29 and referred to the Senate Standing Committee on Official Languages (OLLO).
• The Senate Standing Committee on Official Languages (OLLO) invited the President of the Treasury Board to appear jointly with the Minister for Official Languages on Monday, June 5, 2023, on Bill C-13.
• The President will appear in person, supported by Carsten Quell, Executive Director, Official Languages Centre of Excellence, People and Culture and Karim Adam, Director, Oversight and Compliance, Official Languages Centre of Excellence, Office of the Chief Human Resources Officer. Senators will participate in the room, or online, at their discretion.

Day of – Scenario

• The meeting will last from 4:00 pm to 8:00 pm, with 4 panels set to appear. The President and the Minister for Official Languages are scheduled to appear jointly, along with TBS and Canadian Heritage officials, from 5:45 pm to 7 pm as the third panel.
• Raymond Théberge, Commissioner of Official Languages, is expected to appear from 4:00 pm to 4:45 pm, while witnesses from the Quebec Community Groups Network and the Fédération des communautés francophones et acadienne are expected to appear respectively from 4:45 pm to 5:45 pm and 7 pm to 8 pm.

Briefing Binder

• A binder was prepared was prepared in anticipation for the appearance. It was provided to the President’s office and the witness on Friday, May 26. It is an update of the binder used for the last OLLO appearance on the TBS 2020-2021 Annual Report on Official Languages. The binder focuses on TBS’ official languages roles and responsibilities, specifically in the context of the modernization of the Official Languages Act.
• It includes individual cards on the elements of Bill C-13 that fall under the President’s mandate, as well as additional cards that summarize the implications for other departmental mandates, including official languages, and immigration, refugees and citizenship.
• It also contains a new card on the legislative changes to Bill C-13 of interest to TBS made during the clause-by-clause review by the LANG Committee and at report stage in the House of Commons.

Supporting Officials

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

Other Relevant Information

• The President of the Treasury Board appeared on March 27, 2023 to discuss her annual report on official languages for the fiscal year 2020-21.
• The Minister of Official Languages appeared on February 6, 2023, as part of the study on Francophone minority immigration and to discuss her own annual report on official languages for the fiscal year 2020-21.
• On May 31, 2022, the OLLO Committee began a pre-study of the content of Bill C-13. In the course of this study, the committee held eight meetings and heard from 41 witnesses. On November 17, 2022, the OLLO Committee released its final report on the content of Bill C-13.
  • The report notes that witnesses had mixed views on who should be responsible for implementing the Official Languages Act, with many calling for full powers to be transferred to Treasury Board, others advocating shared responsibility with Canadian Heritage, and others questioning Treasury Board’s ability to act as the sole central agency.
• The OLLO Committee also examined three other studies since the beginning of the 44th Parliament, namely Francophone immigration to minority communities, the application of the Official Languages Act and its regulations and directives in institutions subject to the Act and more recently Minority-language health services.
• The Commissioner of Official Languages tabled his 2022-2023 Annual Report in Parliament on May 30, 2023.

Issue

Roles and responsibilities with respect to official languages under the Official Languages Act are shared and assigned to key federal institutions.

Response

• The Treasury Board of Canada Secretariat shares responsibility for the application of the Official Languages Act with other federal institutions.
• The Treasury Board is responsible for putting in place policies that help ensure that federal institutions comply with the requirements of the Act with respect to communications with and services to the public in both official languages. In addition, we ensure respect for the language of work and the equitable participation of Anglophones and Francophones in the public service.
• In keeping with their respective responsibilities, the Treasury Board of Canada Secretariat and Canadian Heritage submit annual reports to Parliament on the implementation of official languages programs in federal institutions.

Background

Issue

Your mandate and current legislative responsibilities.

Response

• My mandate letter confirms my responsibilities to ensure that Canadians across the country receive services from federal institutions in both official languages. I am also responsible for supporting the Minister of Official Languages in fully implementing public service measures that are part of the Official Languages Reform.
  • My mandate letter reflects our priority to build a diverse, equitable and inclusive workforce. We are taking steps to support the unique needs of our workforce, including employment equity groups, Indigenous employees and postsecondary students. For instance, we are developing a second language training framework that provides training adapted to the needs of employment equity groups so that they can fully contribute to the public service.
  • We are also exploring opportunities to support language training for postsecondary students to remove barriers to recruitment.
• The government is committed to promoting official languages and ensuring that the Official Languages Act reflects our evolving society and our country’s diversity.

Background

Issue

Since the conclusion of the Senate pre-study of Bill C-13 in 2022, the House of Commons has made several changes to the bill that affect the Treasury Board.

Response

• The amendments to Bill C-13 provide for expanded responsibilities for the Treasury Board Secretariat and its President, including the implementation of the Official Languages Act and the protection and promotion of French.
• These changes also give employees in designated bilingual regions the right to be supervised in the official language of their choice, regardless of the language profile of their position.
• Amendments would also make it mandatory for deputy ministers and associate deputy ministers in federal departments (namely those identified in Schedule 1 of the Financial Administration Act) to take language training, if required, to be able to speak and understand both official languages.

Background

On May 15, 2023, Bill C-13 passed 3rd reading in the House of Commons. It was introduced in the Senate on May 16 and began second reading on May 18.

During its study of Bill C-13, the House of Commons Standing Committee on Official Languages (LANG) approved several motions that significantly amend the bill, including amendments to the powers and duties of the Treasury Board and the responsibilities of its President. The amendments that are of particular concern to TBS are the following:

Issue

The Government proposes to strengthen and expand the powers of the Treasury Board, particularly in terms of monitoring the compliance of federal institutions with their official languages obligations.

Response

• Significant changes were made to Bill C-13 during clause-by-clause consideration. These changes include assigning to the Treasury Board the implementation of the Official Languages Act, coordinating the implementation of the Act and ensuring the good governance of the Act.
• Under the current  Act, the Treasury Board is responsible for communications with and services to the public, language of work and the equitable participation of English and French-speakers in the public service.
• With this bill, TBS would now also be responsible for monitoring the positive measures that federal institutions take to support community development.
• Most importantly Bill C-13 would:
  • Strengthen existing Treasury Board authorities by making certain discretionary provisions mandatory.
  • Expand Treasury Board’s authorities by adding a new power to monitor positive measures taken by federal institutions.

Background

The proposal for legislative reform to strengthen and expand TBS powers originates from the reform document entitled “English and French: Towards a substantive equality of official languages in Canada” (February 2021):

That proposal was translated into provisions in Bill C-13, which was introduced on March 1, 2022, with the aim of increasing the compliance of federal institutions with their official languages obligations. Concretely, the proposal is to:

• Strengthen existing Treasury Board authorities by making certain existing discretionary provisions mandatory (establish policies, monitor, evaluate, audit and inform).
• Expand Treasury Board’s authorities to add a new power to monitor compliance by federal institutions with the provisions of the Act that deal with the obligation of federal institutions to take positive measures to enhance the development of official language minority communities and to foster the full recognition and use of English and French in Canadian society.

The implementation of TBS’s new authorities would result in an increase in the responsibilities of the Official Languages Centre of Excellence.

In the course of its clause-by-clause study of Bill C-13, the Standing Committee on Official Languages (LANG) adopted a motion that would give the Treasury Board, rather than the Minister of Canadian Heritage, the lead role in the government for implementing the Official Languages Act, the role of coordinating the implementation of the Act and the role of ensuring good governance of the Act. This amendment to C-13 was adjusted at report stage so that the role would be assigned to the President of the Treasury Board as a minister rather than the Treasury Board as a Cabinet committee. As the parliamentary process is not yet complete, further amendments to the motion are still possible in the Senate.

Issue

What will be the expanded powers of the Treasury Board that pertain to Part VII of the Act?

Response

• Our two official languages contribute to the values of diversity and inclusion that characterize Canadian society.
• TBS, in consultation with Canadian Heritage, will establish policies and regulations to assist federal institutions in meeting their obligation to take positive measures.
• Furthermore, Treasury Board will monitor federal institutions’ compliance with these policies and regulations related to positive measures.

Background

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 and foster the full recognition and use of English and French in Canadian society.

Since the introduction of the concept of positive measures in the Act in 2005, various stakeholders have deplored the fact that this concept is not defined in the legislation. Bill C-13 proposes, among other things, to amend Part VII to better define what positive measures would be.

Various stakeholders, including the Commissioner, also expect the government to make regulations that would set out the requirements for taking positive measures.

While Canadian Heritage is leading the file, the reform intentions propose that the Treasury Board be given responsibility to monitor the compliance of federal institutions with the commitment to take positive measures and for developing regulations. TBS and Canadian Heritage would be involved in the adoption of this regulation.

C-13 proposes that Treasury Board, in consultation with Canadian Heritage when dealing with Part VII of the Act, be required to:

• Recommend regulations to the Governor in Council or establish policies or issue directives to institutions to give effect to Parts IV, V and VI of the Act and to the obligation to take positive measures;
• Interpret these and support federal institutions in their implementation;
• Fully exercise the functions of monitoring and auditing the compliance of federal institutions with these regulatory and policy instruments;
• Evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to official languages;
• Provide information to employees of federal institutions relating to the policies and programs that give effect to positive measures and to the instructions given for their application (Canadian Heritage is responsible for providing information to the public about these); and
• Provide information to the public and to employees of federal institutions relating to the policies and programs that give effect to Parts IV, V and VI of the Act.

Issue

Bill C-13 proposes significant enhancements to C-32, the predecessor bill to bill C-13, including the addition of a clarification related to emergency situations.

Response

• Canadians have the right to communicate with and receive services from the government in the official language of their choice.
• TBS works closely with departments that play a key role in the health and safety of Canadians to ensure that communications are of equal quality and always provided in both official languages, including during emergency situations.
• Bill C-13 recognizes explicitly the importance of bilingual communications in emergency situations with a distinct paragraph in its preamble.

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 bill 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 current Official Languages Act directly addresses language obligations in emergency situations. However, the Act as a whole still applies to federal institutions, including in emergency situations.

Bill C-13 proposes to more explicitly recognize in the Official Languages Act 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.

Issue

A $16 million allocation was announced in the 2021 Economic and Fiscal Update for 2022-2023 to enable immediate implementation of key legislative amendments of Bill C-13, subject to Royal Assent. This allocation includes funds for the direct costs to the Treasury Board of Canada Secretariat for carrying out its strengthened and expanded powers as proposed in C-13.

Response

• Upon Royal Assent, an investment of approximately $3 million will be allocated for the immediate implementation of the strengthened and expanded authorities of the Treasury Board of Canada Secretariat.
• This investment will be used to monitor and support federal institutions towards full compliance with official languages obligations.
• It includes more robust monitoring of federal institutions’ compliance with their obligations under Parts IV, V, and VI, the obligation to take positive measures, and starting the development of new Regulations under Part VII.

Background

Within the $16 million announced in the 2021 Economic and Fiscal Update for the immediate implementation of certain provisions of Bill C-13, approximately $3.18 million would be allocated to the Treasury Board of Canada Secretariat (TBS) for 2022-2023. This one-time investment is intended to allow for immediate implementation in year one of the strengthened (non-discretionary) and expanded powers of the Treasury Board Secretariat. Thereafter, the annual funding requirement would be $4.3 million on an ongoing basis. 

Until permanent funding is obtained, this one-time investment would allow the Treasury Board Secretariat to:

• begin implementing its strengthened and expanded responsibilities, including monitoring and evaluating federal institutions’ compliance with the policies, directives and regulations that give effect to Parts IV, V and VI and subsection 41(5) of the Act, and evaluating the effectiveness of federal institutions’ official languages policies and programs;
• strengthen its capacity to support federal institutions in interpreting their obligations under Parts IV, V, and VI and subsection 41(5) of the Act, to develop and implement a new accountability and reporting framework, and to promote innovation and good practices in the governance of official languages within federal institutions.

In concrete terms, this funding would add 23 Full Time Equivalents (FTEs) to the workforce and the resources would be in addition to the existing division that is responsible for compliance monitoring:

• A new 13-person team would be responsible for accountability and coordination of federal institutions, strategic policy, support for parliamentary affairs and support for all federal institutions in their pursuit of compliance with official languages expectations and obligations.
• Five (5) FTEs would be added to the existing monitoring unit to provide a more comprehensive and robust monitoring of federal institutions’ compliance with the obligations under Parts IV, V, and VI and subsection 41(5) of the Act.
• Five (5) additional FTEs would be added to the team that is now responsible for Part IV and the new VII regulations. These resources would be responsible for upgrading and maintaining the System for Official Languages Obligations, the now mandatory periodic analysis of the regulations and the ten-year review of the application of the regulations with respect to communications and services to the public.

A Treasury Board submission to access the funding provided in the 2021 Economic and Fiscal Update is currently under development. Ongoing funding will be the subject of a subsequent request made in light of the modernized Act. A subsequent request will also take into account any additional responsibilities resulting from changes to the bill during the legislative process, particularly with respect to governance and cross-government coordination. The costs of implementing any additional responsibilities will need to be assessed.

Issue

Committed to modernizing the Official Languages Act, the government has stated several reform intentions, some of which are of interest to the Treasury Board Secretariat.

Response

• The Treasury Board Secretariat is working closely with Canadian Heritage, the Department of Justice and other departments to modernize the Official Languages Act.
• Reforming the language regime is a broad endeavour with impacts on federal institutions, the Commissioner of Official Languages and linguistic minority communities.
• TBS will see its role strengthened and expanded, so that it can better monitor compliance and ensure Canadians receive services in the official language of their choice.

Background

Issue

Stakeholder proposals to include language clauses in federal-provincial/territorial agreements in Bill C-13

Response

• The Government recognizes that provinces and territories have an important role to play in supporting official language minority communities.
• In particular, we note that the Commissioner of Official Languages recommends codifying in Bill C-13 the obligation of federal institutions to incorporate enforceable language clauses in any federal-provincial-territorial agreement.
• Bill C-13 seeks to strengthen the obligations under Part VII, particularly with respect to the requirement for institutions to take positive measures to promote the development of English and French linguistic minority communities and the use of both official languages.
• Successful modernization of the Act depends in part on the commitment of provincial and territorial governments to our two official languages. The Government of Canada will continue to work in partnership with them to achieve these goals.

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.

In 2022, the Standing Senate Committee on Official Languages released a report on Bill C-13. In its preliminary study, the Senate Committee identified seven main themes, including federal-provincial/territorial cooperation. It reiterated the importance of supporting the development and enhancing the vitality of official-language minority communities.

Bill C-13 proposes to strengthen the obligations under Part VII, particularly with respect to the obligations of institutions to take positive measures. In addition, Bill C-13 proposes to update the Act by granting a new non-discretionary power to the Treasury Board to verify compliance by federal institutions with 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.

Some key stakeholders, particularly the Fédération des communautés francophones et acadienne du Canada (FCFA), are calling for C-13 to be amended to create an obligation to include language clauses in any agreement that provides for transfer payments between the federal government and another level of government or a public service body. The Quebec Community Groups Network (QCGN) has made similar calls on several occasions over the years.

In his October 2022 version of his brief on Bill C-13, “Seizing a historic opportunity: For a complete modernization of the OLA” to the Standing Committee on Official Languages, the Commissioner of Official Languages recommended enshrining in the OLA the duty of federal institutions to draft any federal-provincial-territorial agreements in both official languages, to incorporate enforceable language clauses in these agreements and to disclose them to the public.

As part of the clause-by-clause review of Bill C-13 conducted by the House of Commons Standing Committee on Official Languages, motions have been tabled to create an obligation to include language clauses in funding agreements between the federal government and the provincial governments and territories. At the time of drafting this document, these motions have not yet been presented, debated nor voted on in the Committee.

Issue

In response to media inquiries about exempting Indigenous employees from meeting official languages requirements and offering a bilingual bonus to employees who use an Indigenous language to perform their duties at work, the federal government stated that these measures were not being considered currently.

Response

• We recognize that speaking an Indigenous language is an asset to the government.
• The Government of Canada continues to work in partnership with Indigenous Peoples to support their efforts to reclaim, revitalize, maintain and strengthen Indigenous languages in Canada.
• In particular, the Treasury Board of Canada Secretariat is participating in interdepartmental working groups with Indigenous employee networks and other stakeholders to examine the use of Indigenous languages by public servants in the delivery of services to Canadians.
• As well, in line with our commitment to create an inclusive workplace for all, discussions are also underway regarding specific challenges that Indigenous employees may face in meeting official language requirements.

If pressed on 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.

Background

In 2017, the report Many Voices One Mind: a Pathway to Reconciliation indicated that language requirements can be a barrier to the advancement for 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. A joint report is about to be finalized with the Public Service Alliance of Canada (PSAC).

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 (TBS)

Issue

Some stakeholders and parliamentarians are of the view that Bill C-13, as introduced in the House of Commons, does not sufficiently address language of work in the federal public service.

Response

• Treasury Board Secretariat will continue to ensure that language of work rights are respected in the federal public service.
• The modernization of the Official Languages Act is our opportunity to strengthen the language capacity of public servants so that they can provide services to Canadians in both official languages.
• The changes made to Bill C-13 during clause-by-clause consideration provide employees in designated bilingual regions with the right to be supervised in the official language of their choice, regardless of the language requirements of their position. As a result, TBS is proposing to update second language requirements for bilingual supervisory positions in bilingual regions.
• Work has also begun on the development of a new second language training framework to provide training adapted to the needs of employment equity groups.

Background

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

Currently, under Part V of the OLA and Treasury Board policies, only employees in bilingual regions who occupy bilingual positions or whose supervisors occupy bilingual positions have the right to be supervised in the official language of their choice. Bill C-13, as passed by the House of Commons, would now 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 bill does, however, provide for the protection of the rights of current incumbents of affected supervisory positions and for the provision to come into force two years after C-13 receives Royal Assent.

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

Issue

In an appearance before the House of Commons Standing Committee on Official Languages on September 22, 2022, the Public Service Alliance of Canada stated that if the government really wanted to support official languages, it must raise the bilingual bonus to acknowledge the value of work done in both official languages.

Response

• The bilingualism bonus was introduced in 1977 as an incentive to encourage employees to become bilingual.
• Under the Public Service Employment Act, persons appointed to a position must meet the essential qualifications for the work to be performed, including official languages proficiency.
• We have recently reached a tentative agreement with the Public Service Alliance of Canada in which we committed to reviewing the Bilingualism Bonus Directive.
• In the context of official languages reform, the government has committed to implementing new measures to increase the use of both official languages in the public service. These include reviewing the second language requirements for supervisory positions in bilingual regions and developing a new language training framework.

Background

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.

However, the relevance of the bonus has been questioned on several occasions by various stakeholders, including the Commissioner of Official Languages:

• 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.
• In 2017, the Borbey-Mendelsohn report argued that the bonus is disconnected from the use of official languages as it is awarded to incumbents of non-EX bilingual positions, regardless of whether they use both official languages in practice. The report recommended that the funds associated with the bonus be used instead for language skills development of non-executive employees. The funds would have been co-managed with the bargaining agents.

On May 1, 2023, the Treasury Board Secretariat and the PSAC reached a tentative agreement in which there is a commitment to review the Bilingualism Bonus Directive.

Issue

Recently, several events have drawn attention to the absence of official language requirements for senior officials.

Response

• The Government of Canada recognizes that the protection and vitality of the French language requires a special approach, and that public service has bilingualism requirements that must be met. 
• All institutional leaders have an obligation to support the objectives of the Official Languages Act by promoting the use of both official languages in their institution, and the senior management of each organization has a role to play.
• Bill C-13 aims to improve the compliance of federal institutions with the Official Languages Act.  Strengthening the powers of the Commissioner of Official Languages and the Treasury Board Secretariat oversight responsibilities will allow for greater compliance by federal institutions with the Act.

Background

Issue

Some stakeholders, including the Fédération nationale des conseils scolaires francophones, are proposing that the modernized Official Languages Act include a requirement to consult with official language minority communities before disposing of surplus federal real property or immovables.

Response

• The Directive on Management of Real Property, effective May 13, 2021, reinforces the obligation of custodian departments with respect to the interests of official language minority communities. 
• Under this directive, real property specialists in a custodian department have an obligation to notify official language minority communities of the intent to dispose of real property. 
• We know that the challenges related to real estate remain very significant for many communities, including Francophones and Anglophones in minority settings, and that some stakeholders would like to address this issue in Bill C-13.
• We are closely following the debates on Bill C-13 and are sensitive to what stakeholders and parliamentarians are identifying as ways to support the vitality of the communities.

Background

LANG Committee – Recommendations for the modernization of the OLA

Recommendations of the OLLO committee: Modernization of the Official Languages Act

OLLO Committee – Report on the Content of Bill C-13

Commissioner of Official Languages’ brief of Bill C-13

Issue

On June 2, 2022, the Parliamentary Budget Officer released a report containing an analysis of the financial cost of Bill C-13, an Act for the Substantive Equality of Canada’s Official Languages. Why did the government fail to provide him with sufficient detail to be able to draw up cost estimates on the spending needs of Canadian Heritage, Immigration, Refugees and Citizenship Canada, the Official Languages Commissioner, and the Treasury Board Secretariat?

Response

• Upon Royal Assent, our Government will invest $16 million for the initial implementation of Bill C-13.
• The modernization of the Official Languages Act is still ongoing, and the development of related regulations will begin upon Royal Assent.
• The additional funding will be used by the Treasury Board Secretariat for various activities, including:
  • monitoring and auditing official languages compliance by federal institutions;
  • recommending new regulations on part VII of the Official Languages Act;
  • evaluating the effectiveness of official languages policies and programs implemented by federal institutions; and
  • promoting innovation and best practices with regard to official languages governance within federal institutions.
• Additional costs of implementing the modernized Act will be part of a future budget decision.

Background

In response to a request from the Standing Senate Committee on Official Languages (OLLO), the Parliamentary Budget Officer (PBO), Mr. Yves Giroux, released on June 2, 2022 his Cost Estimate for Bill C-13: An Act for the Substantive Equality of Canada’s Official Languages report.

The mandate of the Parliamentary Budget Officer is to support Parliament by providing economic and financial analysis for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability.

In the Fall 2021-22 Economic Statement, $16 million was provided for the initial implementation of Bill C-13 in 2022-2023.

With regard to the spending plans of the organizations concerned (Office of the Commissioner of Official Languages, Treasury Board of Canada Secretariat, Canadian Heritage and Immigration, Refugees and Citizenship Canada), the Director notes that the funding allocated is not expected to be sufficient to cover the recurring costs arising from Bill C-13.

According to the PBO, all departments refused to disclose their planned expenditures to comply with the changes set out in Bill C-13 and provided little detail on the specific actions they planned to take.

Following Royal Assent of Bill C-13, a new Use of French in Federally Regulated Private Businesses Act will come into force by order-in-council. This act would apply to federally regulated businesses in Quebec and will be extended to "regions with a strong Francophone presence" outside of Quebec at a later date. The new Use of French in Federally Regulated Private Businesses Act will be under the responsibility of Canadian Heritage.

The PBO report focuses on the proposed extension of language rights to federally regulated private businesses (FRPB):

• The PBO projects that, for the private sector, one-time compliance costs would be $240 million, plus recurring costs of $20 million per year. These costs would be primarily for language training and bilingual bonuses paid to managers in designated bilingual regions located outside of Quebec.
• The administrative cost of implementing these rights for the public sector would be $2.9 million.

PBO presumes that the financial cost of this Bill arises solely from the proposed extension of French language regulatory obligations to FRPB.

• It assumes that in order to be able to serve consumers in French in each workplace, the number of French-speaking sales or service employees will have to be proportional to the number of people in the region who have French as their first official language spoken, i.e., a minimum of 25% of employees.
• It estimates that there are currently approximately 3,413 managers in the federally regulated sectors who do not speak French.

In response to PBO inquiries, the Treasury Board Secretariat indicated that this amount “is not intended to support the implementation of the bill in its entirety, but rather to fund immediate implementation of the key legislative changes in the bill that will, upon Royal Assent, result in direct costs to the federal government to carry out its new responsibilities”.

Issue

What should we learn from the President of the Treasury Board’s Annual Report 2020-21 about the state of official languages within the government?

Response

• The Annual Report on Official Languages provides a regular update to parliamentarians and Canadians on the government’s official languages performance.
• The report highlights both achievements and areas for improvement so that federal institutions can take steps to fully comply with the Act and achieve equality of status for both official languages in the public service.
• The Government is committed to ensuring that all federal public services are provided to Canadians in the official language of their choice, in accordance with the Official Languages Act and its amended regulations.
• The Government is also committed to creating and maintaining a work environment conducive to the use of English and French in bilingual regions.

Background

The report 2020-21 was tabled on September 23, 2022. It presents the most recent self-assessments of all institutions subject to the Official Languages Act regarding communications with and services to the public, language of work, governance, monitoring and human resources management. It also reflects the results of the 2020 Public Service Employee Survey, the works of the Crisis and Emergency Communications Working Group related to official languages and the activities held by the Treasury Board Secretariat over the fiscal year with federal institutions.

The 2020-21 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.

In fact, there is evidence of stability and strong performance with respect to official languages in the federal public service for 2020–21:

• Anglophones and Francophones participate in an equitable manner in the workforce of institutions subject to the Official Languages Act across the country.
• The core public administration of the public service maintains its capacity to provide services in both official languages to the public and its employees.
• While the percentage of bilingual positions has decreased slightly again from the previous year (41.9% as of March 31, 2021, compared to 42.4% the previous year), the rate of incumbents meeting the language requirements of these positions has increased (96.5%, up 0.9% from the previous year), and more positions require the highest level of bilingualism (37.1%, up 0.9% from the previous year).
• Concerning the use of official languages in the workplace, the perception of public servants is slightly more favourable in regions designated bilingual for the purpose of language of work according to the 2020 Public Service Employee Survey.
• Within the core public administration (data as of March 31, 2021):
  • 40.7% of public servants are bilingual (91,672 people);
  • 41.9% of positions are bilingual (94,210 people);
  • 95.6% of incumbents of bilingual positions meet the linguistic requirements of their positions (90,893 of the 94,210 bilingual positions);
  • 37.1% of bilingual positions require a higher competency level in oral interaction (34,964 positions).
• The proportions of public servants that have French as their first official language (25.9%) and that have English as their first official language (73.9%) in all the institutions subject to the Act are representative of the Canadian population (21.4% and 75.5% respectively, and 1.7% of Canada that said that English and French are both their first official languages according to the 2021 Census).

Treasury Board Secretariat works with federal institutions to help them meet the obligations through policy development, exchange of best practices, advice and guidance, virtual meetings with the official languages community of practice, bootcamps, workshops, data analyses and surveys, and distribution of tools and reference documents.

Issue

On October 29, 2020, the Commissioner of Official Languages released his report entitled: A Matter of Respect and Safety: The Impact of Emergency Situations on Official Languages. The report suggests ways of ensuring greater compliance with official languages obligations in emergency situations, particularly in relation to communications with the public.

Response

• Canadians have the right to communicate with and receive services from the government in the official language of their choice.
• TBS is working with departments responsible for the health and safety of Canadians to develop a strategy by the end of this year that will ensure bilingual communications in emergency and crisis situations.
• Bill C-13 proposes to recognize more explicitly in the Official Languages Act the importance of bilingual communications in emergency situations. We are committed to ensuring that communications are of equal quality in both official languages at all times.

Background

Issue

On May 30, 2023, the Commissioner of Official Languages published his Annual Report 2022-2023.

Response

• Our two official languages are key components of our identity, and bilingualism remains a priority for the Government of Canada.
• We are reviewing the Commissioner of Official Languages’ Annual Report on Official Languages 2022-2023 which was tabled in Parliament on May 30, and will study the recommendations carefully. 
• In his report, the Commissionaire notes positively several initiatives undertaken by TBS, including the funding in its 2023 budget for a centre of expertise to ensure federal institutions fulfill their duties in terms of official languages.
• Like the Commissioner, we are committed to good governance and compliance by federal institutions with their official languages obligations. We recognize that our oversight role is critical, and we continue to provide ongoing support to federal institutions. 
• We will continue to work with the Office of the Commissioner of Official Languages on how best to support federal institutions.

Background

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, tabled on Tuesday, May 30, 2023, presents three themes:

• Official languages and the travelling public
• Reviving bilingualism in the Public Service
• 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 Commissioner notes positively and demonstrates his satisfaction with several initiatives undertaken by the Treasury Board Secretariat, such as:

• Its work on a new language training framework;
• Its development of a method to ensure that managers have the necessary language profile;
• The continuing activities by the interdepartmental working group led by TBS to address language insecurity;
• The Government’s investments in official languages in its 2023 Budget, which includes the financing for a centre of expertise on part VII to ensure federal institutions fulfill their duty under the Act.

However, the Commissioner criticizes the Secretariat, stating:

• That the implementation of the action plan on the objective linguistic designation of positions was at its beginning in December 2022 rather than at its end;
• That questions on language of work are sometimes removed from the Public Service Employee Survey, so it is no longer possible to measure changes over time;
• That information for its Annual Report is collected from federal institutions, but not from the employees themselves;
• That the questions on official languages change each year in the Management Accountability Framework, hindering the comparability of the results;
• That the ability of deputy ministers and their organizations to ensure that the language rights of their staff are respected and that official languages are factored into program development should be reviewed annually, with a set of clear, robust and recurring indicators.

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.

Issue

The amended Official Languages - Communications with and Services to the Public Regulations (Regulations) include significant improvements to better serve the public in both official languages.

Response

• The Regulations were amended in June 2019 and provide Canadians with better access to federal services in both official languages.
• The amended Regulations will be implemented in the coming months using an amended Directive that I approved last summer.
• The purpose of the review of the application of the Regulations is to update the linguistic designation of some 10,000 federal offices using the most recent census data.
• The regulatory amendments will result in some 700 newly bilingual offices, increasing the percentage of bilingual federal points of service from 34% to more than 40%.

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 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 implemented in the coming months using the amended Directive and the Official Languages Regulations Re-Application Exercise that is being coordinated by TBS. The exercise will take place in phases over a period of approximately three years, from 2023 to 2025.

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 Re-Application Exercise (OLRRE) is intended to 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 both official languages.