Regulations Amending the Official Languages (Communications with and Services to the Public) Regulations

These are the draft regulations as tabled in Parliament on October 25, 2018, pursuant to section 85 of the Official Languages Act.

Amendments

  1. (1) The portion of section 2 of the English version of the Official Languages (Communications with and Services to the Public) RegulationsFootnote 1 before the first definition is replaced by the following:
  2. The following definitions apply in these Regulations.

    (2) The definitions immigration services and Method I in section 2 of the Regulations are repealed.

    (3) The definitions CMA and CSD in section 2 of the Regulations are replaced by the following:

    CMA means a census metropolitan area, excluding Ottawa-Gatineau, as used by Statistics Canada for the purposes of the most recent decennial census of population. (région métropolitaine de recensement)

    CSD means a census subdivision, excluding any census subdivision or any part of a census subdivision within the National Capital Region, as used by Statistics Canada for the purposes of the most recent decennial census of population. (subdivision de recensement)

    (4) Section 2 of the Regulations is amended by adding the following in alphabetical order:

    regional economic development agency means the Atlantic Canada Opportunities Agency, the Economic Development Agency of Canada for the Regions of Quebec, the Canadian Northern Economic Development Agency, the Federal Economic Development Agency for Southern Ontario, the Federal Economic Development Initiative for Northern Ontario and the Department of Western Economic Diversification. (organisme de développement économique régional)

    • 2 The Regulations are amended by adding the following after section 2:

      2.1 For the purposes of paragraph 32‍(2)‍(a) of the Act and these Regulations, English or French linguistic minority population means all persons, in a province in which an office or facility of a federal institution is located, for whom the first language, or one of the first languages, learned at home in childhood and still understood, is the minority official language and those who speak the minority official language at home, as determined by Statistics Canada based on the published data from the most recent decennial census of population.

  3. Section 3 of the Regulations and the heading “Definition of English or French Linguistic Minority Population” before it are repealed.
  4. Section 4 of the Regulations is replaced by the following:

    4 For the purposes of this Part, the number of persons of the English or French linguistic minority population in a province, CMA, CSD or service area is equal to the total number of the persons for whom the first language, or one of the first languages, learned at home in childhood and still understood, is the minority official language and those who speak the minority official language at home, as determined by Statistics Canada based on the published data from the most recent decennial census of population.

  5. (1) Subparagraph 5‍(1)‍(b)‍(i) of the English version of the Regulations is replaced by the following:
    1. the distribution of the English or French linguistic minority population within the CMA, and

    (2) Paragraph 5(1)(b) of the Regulations is amended by striking out "and" at the end of subparagraph (i), by adding "and" at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    1. the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

    (3) The portion of paragraph 5‍(1)‍(c) of the Regulations before subparagraph (i) is replaced by the following:

    1. the office or facility is located in a CMA that has a population of at least 1,000,000 persons, the office or facility is one of two or more offices or facilities of the institution in the CMA that provide any of the services referred to in subparagraphs (f)‍(i) to (vii) and those services are not available in both official languages at a number of offices or facilities equal to one plus a proportion of those offices or facilities that is at least equal to the proportion of the English or French linguistic minority population in the CMA, the choice of which offices or facilities depends on

    (4) Subparagraph 5‍(1)‍(c)‍(i) of the English version of the Regulations is replaced by the following :

    1. the distribution of the English or French linguistic minority population within the CMA, and

    (5) Paragraph 5‍(1)‍(c) of the Regulations is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    1. the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

    (6) Paragraph 5‍(1)‍(d) of the Regulations is replaced by the following:

    1. the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population and does not provide any of the services referred to in subparagraphs (f)‍(i) to (vii), and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of that population;

      (d.1) the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population and the service area of the office or facility has at least one minority language primary or secondary public educational facility;

    (7) Subparagraphs 5‍(1)‍(f)‍(i) to (vi) of the Regulations are replaced by the following:

    1. services of a Service Canada centre of the Department of Employment and Social Development,
    2. services of a post office,
    3. services of an office of the Business Development Bank of Canada,
    4. services of an office of the Canada Revenue Agency,
    5. services of an office of the Department of Canadian Heritage,
    6. services of an office of the Public Service Commission, or
    7. services of a regional economic development agency;
    (8) The portion of paragraph 5‍(1)‍(g) of the Regulations before subparagraph (i) is replaced by the following:
    1. the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population, the office or facility is one of two or more offices or facilities of the institution in the CMA that provide any of the services referred to in subparagraphs (f)‍(i) to (vii) and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CMA to the total population in the CMA or, if the number representing that proportion of offices or facilities is less than one, at at least one of those offices or facilities, the choice of which depends on

    (9) Paragraph 5‍(1)‍(g) of the Regulations is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    1. the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

    (10) Subsection 5‍(1) of the Regulations is amended by adding the following after paragraph (h):

    1. h.1) the office or facility is located outside a CMA and within a CSD and the service area of the office or facility has at least one minority language primary or secondary public educational facility;

    (11) Paragraph 5‍(1)‍(i) of the Regulations is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    1. the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

    (12) Paragraph 5‍(1)‍(k) of the Regulations is replaced by the following:

    1. the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to less than 5% of the total population in the CSD, the office or facility does not provide any of the services referred to in subparagraphs (l)‍(i) to (viii) and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of the English or French linguistic minority population;

    (13) Subparagraphs 5‍(1)‍(l)‍(i) to (vii) of the Regulations are replaced by the following:

    1. services of a Service Canada centre of the Department of Employment and Social Development,
    2. services of a post office,
    3. services of an office of the Business Development Bank of Canada,
    4. services of an office of the Canada Revenue Agency,
    5. services of an office of the Department of Canadian Heritage,
    6. services of a detachment of the Royal Canadian Mounted Police,
    7. services of an office of the Public Service Commission, or
    8. services of a regional economic development agency;

    (14) The portion of paragraph 5‍(1)‍(m) of the Regulations before subparagraph (i) is replaced by the following:

    1. the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to less than 5% of the total population in the CSD, the office or facility is one of two or more offices or facilities of the institution in the CSD that provide any of the services referred to in subparagraphs (l)‍(i) to (viii) and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CSD to the total population in the CSD or, if the number representing that proportion of offices or facilities is less than one, at at least one of those offices or facilities, the choice of which depends on

    (15) Paragraph 5‍(1)‍(m) of the Regulations is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    1. the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

    (16) Paragraphs 5‍(1)‍(n) to (r) of the Regulations are replaced by the following:

    1. the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 200 but fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5% of the total population in the CSD, the office or facility does not provide any of the services referred to in subparagraphs (l)‍(i) to (viii) and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of the English or French linguistic minority population;
    2. the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 200 but fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5% of the total population in the CSD, the office or facility provides any of the services referred to in subparagraphs (l)‍(i) to (viii) and those services are not available in both official languages at at least one office or facility of the institution in the CSD;
    3. the office or facility is located outside a CMA and within a CSD that it serves, the CSD has fewer than 200 persons of the English or French linguistic minority population, the number of those persons is equal to at least 30% of the total population in the CSD and the office or facility provides any of the services referred to in subparagraphs (l)‍(i) to (viii);
    4. the office or facility is located outside a CMA and within a CSD that it serves, the number of persons of the English or French linguistic minority population in the CSD has not been determined by Statistics Canada, or cannot be disclosed by it for reasons of confidentiality, and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of that population; or
    5. the office or facility is located outside a CMA and within a CSD, the number of persons of the English or French linguistic minority population in the service area of the office or facility cannot be determined by Statistics Canada because of the nature of the service area or cannot be disclosed by Statistics Canada for reasons of confidentiality, and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of that population.

    (17) Section 5 of the Regulations is amended by adding the following after subsection (3):

    (3.1) For the purposes of paragraphs (1)‍(h), (i), (j), (l), (m), (o) and (p), there is significant demand for communications with and services from an office or facility of a federal institution in both official languages if the office or facility is located in a CSD, there is currently a significant demand for communications with and services from the office or facility in both official languages under one of those paragraphs and the English or French linguistic minority population referred to in that paragraph has remained the same or has increased, based on data from the most recent decennial census of population.

  6. (1) Paragraphs 6‍(1)‍(c) and (d) of the Regulations are replaced by the following:
    1. the office or facility is located at a point of entry into Canada, other than an airport or a ferry terminal, in Ontario, Quebec or New Brunswick, and at that office or facility during a year at least 5% of the demand from the public for services is in that language;

    (2) Paragraph 6‍(2)‍(b) of the Regulations is replaced by the following:

    1. the office or facility provides air traffic control services and related advisory services in circumstances in which either official language may be used in accordance with sections 602.133 and 602.134 of the Canadian Aviation Regulations;

    (3) Paragraph 6‍(2)‍(c) of the Regulations is replaced by the following:

    1. the office or facility is located at a point of entry into Canada, other than an airport or ferry terminal, in Ontario, Quebec or New Brunswick, and at that point of entry at least 500,000 persons come into Canada during a year; or

    (4) Subparagraph 6‍(2)‍(d)‍(i) of the Regulations is replaced by the following:

    1. in or over Ontario, Quebec or New Brunswick,
  7. (1) Subparagraphs 7‍(4)‍(c)‍(ii) and (iii) of the Regulations are replaced by the following:
    1. on a route that starts and finishes at airports both of which are located in Ontario, Quebec or New Brunswick, or
    2. on a route that starts and finishes at airports that are located in two of those provinces;

    (2) Subparagraphs 7‍(4)‍(d)‍(i) and (ii) of the Regulations are replaced by the following:

    1. on an interprovincial route that starts in, finishes in or passes through Ontario, Quebec or New Brunswick, or
    2. on a route that starts and finishes at railway stations both of which are located in Ontario, Quebec or New Brunswick; or
  8. The portion of section 8 of the French version of the Regulations before paragraph (a) is replaced by the following:

    8 Les cas visés à l’alinéa 24‍(1)a) de la Loi touchant à la santé ou à la sécurité du public sont les suivants :

  9. (1) The portion of section 9 of the French version of the Regulations before paragraph (a) is replaced by the following:

    9 Les cas visés à l’alinéa 24‍(1)a) de la Loi touchant à l’emplacement d’un bureau d’une institution fédérale sont les suivants :

    (2) Paragraph 9‍(a) of the Regulations is replaced by the following:

    1. where the office or facility is located in a park as defined in the Canada National Parks Act or on land set aside as a national historic site under section 42 of that Act and the office or facility does not provide the services referred to in paragraph (b);

    (3) Section 9 of the Regulations is amended by adding the following after paragraph (c):

    1. (c.1) where the office or facility is a train station or airport and is located in a provincial or territorial capital or the office is located in an airport that is located in a provincial or territorial capital;

    (4) Section 9 of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

    1. where the office or facility is located in Nunavut, serves the public generally and, of all offices or facilities of the institution in Nunavut, is the office or facility at which during a year there is the greatest number of persons using the French language to request services.
  10. (1) The portion of section 10 of the French version of the Regulations before paragraph (a) is replaced by the following:

    10 Les cas visés à l’alinéa 24‍(1)a) de la Loi liés au caractère national ou international du mandat d’un bureau d’une institution fédérale sont les suivants

    (2) Paragraph 10‍(a) of the Regulations is replaced by the following:

    1. where the office is a diplomatic mission or consular post or an office of the Department of Citizenship and Immigration that is located in a diplomatic mission or consular post;

    (3) Section 10 of the Regulations is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) by the following:

    1. where the office is located in a province at a point of entry into Canada, other than an airport, and which, among those points of entry into Canada for the same province, has the greatest number of persons coming into Canada during a year.
  11. Subparagraphs 11‍(a)‍(ii) and (iii) of the Regulations are replaced by the following:
    1. offered by means of toll-free long-distance telephone services,
    2. offered by means of local telephone services, if the office or facility provides the same services by means of toll-free long-distance telephone services, or
    1. offered by means of video conferencing services;
  12. The portion of subsection 12‍(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

    12 (1) Les services visés au paragraphe 23‍(2) de la Loi offerts aux voyageurs sont les suivants :

    13 (1) Part IV of the Regulations is repealed.

    (2) The Regulations are amended by adding the following after section 12:

Part IV

Ten-Year Review

  1. The Minister must ensure that a review of these Regulations and their administration and operation is conducted 10 years after this section comes into force and every 10 years after that, and must cause a report on the review to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is completed.

Coming into Force

  1. (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which they are registered.

    (2) Subsections 9‍(3) and 10‍(2) and section 11 come into force on the first anniversary of the day on which these Regulations are registered.

    (3) Subsections 1‍(2) and (4), sections 2 to 4, subsections 5‍(1), (3), (4), (6) to (8), (10), (12) to (14) and (16), 6‍(1) and (3), 9‍(4) and 10‍(3) come into force on the day on which the linguistic data from the 2021 census of the population is published by Statistics Canada.

    (4) Subsection 5‍(17) comes into force on the first anniversary of the day on which the linguistic data from the 2021 census of the population is published by Statistics Canada.

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