Official Languages Requirements and Checklist

Federal institutions preparing TB submissions:

• Download and complete the Official Languages Appendix to determine whether an impact analysis is required;
• Provide an official languages impact analysis if the answer to any of the questions in the appendix is “yes”. The analysis should be done in consultation with the persons responsible for official languages, the coordinators responsible for Part VII of the OLA (or equivalent), and your institution's legal services group; and
• Attach the completed Official Languages Appendix and official languages impact analysis (if required) as an appendix to the TB submission.

Treasury Board of Canada Secretariat:

• The program analyst ensures that the official languages appendix has been completed;
• The program analyst reviews the official languages impact analysis, if the institution is required to provide one;
• The Official Languages Centre of Excellence in the Office of the Chief Human Resources Officer and the Department of Canadian Heritage's Interdepartmental Coordination Directorate (for cases related to Part VII of the OLA), support the program analyst in exceptional cases, as needed.

Impact on communications with and services to the public (Part IV of the OLA)

Your institution must determine whether or not the initiative will affect your institution's communications with and services to the public. If so, your institution must be able to confirm that its communications with and services to the public will be in both official languages, in accordance with Part IV of the OLA, the Official Languages (Communications with and Services to the Public) Regulations, and the Treasury Board's policies and directives on official languages. In particular, your institution must ensure that services of equal quality can be provided to both official language communities under the initiative, in accordance with the Supreme Court of Canada decision in the case of Desrochers (CALDECH) v. Canada.

If your initiative includes the delivery of services to the public by a third party on behalf of a federal organization, under a service contract or a federal-provincial agreement, your institution must be able to confirm that the contract or the agreement will include one or more clauses guaranteeing that communications with and services to the public will be in both official languages, in accordance with the Treasury Board's policies and directives on official languages. Your institution must ensure that follow-up measures are in place for implementing those clauses.

Impact on the language of work of federal employees (Part V of the OLA)

Your institution must determine whether or not the initiative will affect the use of English and French in the workplace. If so, your institution must be able to confirm that its employees in designated bilingual regions can work in the official language of their choice (e.g., regarding access to work tools, information systems, personal and central services, supervision, language spoken at meetings, and training and development in both official languages) in accordance with Part V of the OLA and the Treasury Board's policies and directives on official languages.

If a head office is to be relocated from a bilingual region to a unilingual region, your institution must be able to confirm that the language rights of employees electing to relocate will be upheld. If the initiative includes the delivery of services to employees by a third party under a service contract, your institution must be able to confirm that the contract will specify that communications with and services to employees will be in both official languages, in accordance with the Treasury Board's policies and directives on official languages.

Impact on the participation of English-speaking and French-speaking Canadians in federal institutions (Part VI of the OLA)

Your institution must determine whether or not its initiative will affect employment and advancement opportunities for English-speaking and French-speaking Canadians in federal institutions. It must also determine whether or not the initiative will affect the degree to which the composition of the workforce of federal institutions reflects the presence of both official languages communities of Canada, taking into account the institution's mandate, the location of offices and the target public. In addition, the initiative should not undermine the merit-based selection process, as stated in Part VI of the OLA.

Impact on the vitality of English and French linguistic minority communities in Canada and on the full recognition and use of both English and French in Canadian society (Part VII of the OLA)

Your institution must determine if the initiative has an impact on the vitality of English and French linguistic minority communities in Canada and on the full recognition and use of both English and French in Canadian society in accordance with Part VII of the OLA.

Examples of Impacts

If the initiative is a policy instrument, your institution might describe the way in which this policy instrument's objectives take into account English and French minority groups and opportunities to promote both official languages in Canadian society. If the initiative is a program, your institution might describe the way in which the eligibility criteria ensure equal access for the minority groups. If the initiative involves a grant or a contribution to activities that will likely impact Canada's bilingual identity, your institution might describe how the recipients, including a province or a territory, would be encouraged to consider Canada's bilingual image.

Your institution must describe the mitigation strategies planned for each potentially negative impact identified. Your institution must also indicate whether or not communities affected by the initiative were consulted and, if so, which communities were consulted.

For more information, see Guide for Federal Institutions—Official Languages Act, Part VII: Promotion of English and French.

Instructions

Answer “yes” or “no” to each of the following questions:

1. Is your submission seeking the Treasury Board’s approval for a new policy instrument or the revision of an existing policy instrument?
2. Is your submission seeking the Treasury Board’s approval for a new service or program, the revision or renewal of an existing service or program, or the extension of a service or program?
3. Is your submission seeking the Treasury Board’s approval for a service delivery contract under which those delivering services are not employees of federal institutions?
4. Is your submission seeking the Treasury Board’s approval for a change in organizational form or a privatization?
5. Is your submission seeking the Treasury Board’s approval for a change to the way in which services are delivered to the public or federal employees?
6. Is your submission seeking the Treasury Board’s approval to award a grant or contribution to a non-governmental organization?
7. Is your submission seeking the Treasury Board’s approval for a new federal-provincial agreement or a revision of an existing agreement?
8. Is your submission seeking the Treasury Board’s approval related to the relocation of a head office?

If you answered “no” to every question in the checklist, an impact analysis is not required:

• In an official languages appendix to the TB submission under Government-Wide Policy Considerations, state the following, & “After examination, no impacts on official languages are foreseen.”;
• Attach the completed Official Languages Checklist to your TB submission as part of this official languages appendix.

If you answered “yes” to any one of the questions above, please complete an Official Languages Impact Analysis:

• The completed Official Languages Checklist and the Official Languages Impact Analysis of the proposal’s impact on the institution’s official languages obligations must be attached to the TB submission as an official languages appendix.
• The analysis should include a summary of the official languages impacts and should cover the steps taken or planned to ensure Treasury Board ministers that the program or initiative complies with the institution’s official languages obligations.