Draft Official Languages advancement of equality of status and use of English and French regulations

Federal institutions

These regulations apply to federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer.

Consideration

For the purposes of paragraph 41(7)(a) of the Act, federal institutions must, at the following stages of a program, policy or initiative, consider whether positive measures could potentially be taken:

• design and development
• restructuring or substantial modification
• update or renewal
• abolition or end
• devolution, in part or in whole

Direct negative impacts

For the purposes of paragraph 41(7)(b) of the Act, federal institutions must, at the stages above, consider the possibilities for avoiding, or at least mitigating, the direct negative impacts that their structuring decisions may have on the commitments set out in subsections 41(1) to (3) of the Act.

Analyses

Manner

Analyses that form the basis for a consideration under paragraph 41(7)(a) of the Act must determine:

• the effects that a program, policy or initiative may have on the implementation of the commitments set out in subsections 41(1) to (3) of the Act
• whether English or French linguistic minority communities or other stakeholders are affected by the program, policy or initiative
• potential positive measures, which may address priorities of the English or French linguistic minority communities or other stakeholders, and the specific goals of those measures
• the manner in which potential positive measures could be implemented
• possible evaluation and monitoring mechanisms in relation to potential positive measures

Federal-provincial-territorial agreements

Analyses that form the basis for measures under paragraph 41(7)(a.1) of the Act must determine:

• how an agreement, including funding agreements, negotiated with provincial and territorial governments may contribute to the implementation of the commitments in subsections 41(1) to (3) of the Act
• whether English or French linguistic minority communities or other stakeholders are affected by the agreement
• provisions that may contribute to the implementation of those commitments, including provisions that address priorities of the English or French linguistic minority communities or other stakeholders, and the specific goals of those provisions
• the manner in which potential provisions may be implemented
• possible evaluation and monitoring mechanisms for potential provisions

Measures to avoid or mitigate direct negative impacts

Analyses for consideration under paragraph 41(7)(b) must identify:

• the direct negative impacts that a structuring decision may have on commitments set out in subsections 41(1) to (3) of the Act
• whether English or French linguistic minority communities or other stakeholders are affected by the structuring decision
• how impacts might be avoided or mitigated

Factors

These analyses must consider:

• the uniqueness and diversity of the English and French linguistic minority communities in Canada
• how positive measures or agreements may contribute to, or how a structuring decision may negatively impact, the implementation of commitments, including in the following areas:
  • promoting and supporting the learning of English or French in Canada
  • fostering acceptance and appreciation of both English and French by members of the public
  • projecting and promoting the bilingual character of Canada in Canada or elsewhere
  • restoring and increasing the demographic weight of French linguistic minority communities
  • supporting the creation and dissemination of information in French that contributes to the advancement of scientific knowledge in any discipline
  • supporting sectors essential to the vitality of English and French linguistic minority communities, including culture, education (from early childhood to post-secondary), health, justice, employment and immigration, and protecting and promoting strong institutions serving those communities

Record of results

Federal institutions must keep a record of the results of any analyses described above.

Manner

When carrying out a consultation activity for the purposes of subsection 41(8) of the Act, federal institutions must:

• provide the English and French linguistic minority communities and other stakeholders with reasonable notice of the consultation activity and its objectives
• participate in a mutual exchange about the communities' and stakeholders' priorities, opinions and challenges relevant to the consultation topic
• provide those who participated with a written summary of the perspectives shared during the activity
• if possible, after distributing the summary, provide an opportunity for participants to submit further information in writing

Necessary measures

To promote the inclusion of provisions under paragraph 41(7)(a.1) of the Act, federal institutions must:

• inform the parties of the expectations and objectives relevant to official languages
• propose provisions for inclusion in the agreement

Content of provisions

The content of these provisions must be determined by considering the analyses required in subsection 41(7) and the findings of the evaluation and monitoring of other agreements, if applicable.

Implementation

Provisions must include evaluation and monitoring mechanisms to ensure their implementation.

Notification to President of the Treasury Board

Federal institutions must notify the President of the Treasury Board of the publication of any agreement under subsection 41(10.1) of the Act and the means of publication.

Compliance and effects

Evaluation and monitoring mechanisms described in subsection 41(10) must allow federal institutions to:

• verify that they are carrying out their duties under subsection 41(5) and paragraph 41(7)(a.1) of the Act
• assess the effects of measures taken to implement the commitments in subsections 41(1) to (3), including effects in:
  • the areas described in section 4(4)(b)
  • the priorities of the English or French linguistic minority communities or other stakeholders

Review

No later than the 10th anniversary of these regulations coming into force—and every 10 years thereafter—the President of the Treasury Board must undertake a review of the provisions and operation of these regulations.

Report

The President of the Treasury Board must cause a report of the review to be tabled in each House of Parliament within the first 30 days on which that House sits after the report has been completed.

Registration

These regulations come into force on the day on which they are registered.