President of the Treasury Board appearance before the Standing Senate Committee on Official Languages (OLLO) – Annual Report on Official Languages 2020-21– March 2023

APPEARANCE OF THE HONOURABLE MONA FORTIER, PC, MP, PRESIDENT OF THE TREASURY BOARD, AND TBS OFFICIALS BEFORE THE SENATE STANDING COMMITTEE ON OFFICIAL LANGUAGES ON THE ANNUAL REPORT ON OFFICIAL LANGUAGES 2020-21

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

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

• Under the 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 will now also be responsible for monitoring the positive measures that federal institutions take to support community development.
• Bill C-13 will most importantly:
  • 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 originate 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, tabled 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.

On February 3, 2023, 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 for coordinating the implementation of the Official Languages Act as a whole. As the parliamentary process is not yet complete, amendments to the motion are still possible.

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 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.
• 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,. 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 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.

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 Act and 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 - Canada.ca 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.

Issue

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

Response

• The Treasury Board 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.
• As part of official languages reform, the Government has proposed a series of measures to strengthen the bilingual capacity of the Public Service and overcome linguistic insecurity.
• Work has begun on the development of a new second language training framework to provide training adapted to the needs of employment equity groups.
• We are also proposing to update second language requirements for bilingual supervisory positions in bilingual regions.

Background

Originally, Bill C-13 did not include amendments to Part V of the Official Languages Act (OLA). However, on February 14, the House of Commons Standing Committee on Official Languages (LANG) voted in favour of motion CPC-18, which seeks to implement a recommendation from the Commissioner of Official Languages to clarify the obligations of federal institutions with respect to 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. The amendment proposed in CPC-18 gives any employee occupying a position in the National Capital Region or in a region designated bilingual for language-of-work purposes the right to be supervised in the official language of their choice, regardless of the language requirements of their position.

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.
• 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 bilingual 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, PSAC and 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.

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

Following the Federal Court of Appeal’s decision in FFCB v. ESDC, several issues have surfaced that have drawn attention to official languages.

Response

• The Government of Canada is committed to supporting the development of official language minority communities in Canada and recognizes the importance of making employment services and skills training available in both official languages.
• The Fédération des francophones de la Colombie-Britannique had submitted a request for leave to appeal to the Supreme Court of Canada on March 29, 2022.
• On March 2, 2023, the request for leave to appeal to the Supreme Court of Canada was dismissed. The Government of Canada notes the decision and the fact that the issues raised in the application have already been resolved by the courts in previous decisions.
• We will continue to work with our partners in British Columbia, including the francophone community and the provincial government in ensuring the strength and vitality of employment programs in the province, together with the vitality of the francophone community.

Background

The case is related to the application of Parts IV (Communications with and Services to the Public) and VII (Advancement of English and French) of the Act as part of a financial contribution agreement between ESDC, the Canada Employment Insurance Commission and British Columbia.

In 2008, the province agreed to take full responsibility for developing and delivering employment assistance services to British Columbians and committed to provide them in French where justified by demand. In 2011, British Columbia assigned responsibility for all employment assistance services provided in English or French to one organization per administrative region and ended the direct funding of the Francophone organizations that served five administrative regions.

The Fédération des francophones de la Colombie-Britannique (FFCB) filed several complaints with the Commissioner of Official Languages. Despite a favourable report from the Commissioner, the Federal Court dismissed the FFCB’s case.

The Federal Court of Appeal (FCA) allowed the FFCB’s appeal in part. The FCA confirmed that Part IV of the Official Languages Act (OLA) does not apply as the Province of British Columbia is not acting on behalf of the ESDC in relation to the contribution agreement. As for Part VII, it found that ESDC and the Commission failed in their obligation to take positive measures. The FCA ordered that the Agreement in its current form be ended or that an attempt be made to modify the Agreement by common consent to include terms and conditions that give them the right to require that it be implemented in accordance with their obligations to the Francophone language minority in British Columbia under Part VII of the OLA. The FCA also ordered that, where possible, the network of employment assistance services be reconstituted with the participation of the Francophone organizations under the model that existed before the Agreement was signed.

On March 24, 2022, the Attorney General of Canada applied for a stay of the FCA decision. On March 25, 2022, the Chief Justice of the FCA dismissed the application. On March 28, 2022, the Minister of Justice decided not to file an application for leave to appeal the FCA decision to the Supreme Court of Canada. On March 29, 2022, the FFCB filed an application for leave to appeal with respect to Part IV only. Specifically, the FFCB states:

"This case raises several questions of public importance, namely:

(a) whether the federal government can avoid its constitutional obligation to provide services of equal quality in both official languages under section 20(1) of the Canadian Charter of Rights and Freedoms ("Charter") by entrusting the implementation of its programs to the provinces in an area of shared jurisdiction; and

(b) whether the federal government can avoid its quasi-constitutional obligation to provide services of equal quality in both official languages under Part IV of the Official Languages Act, R.S.C, 1985, c. 31 (4th Supp.) ("the Act") by entrusting the implementation of its programs to the provinces in an area of shared jurisdiction.”

On March 2^nd, the Supreme Court of Canada dismissed the application for leave to appeal filed by the FFCB in its case against ESDC.

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

OLLO Committee – Recommendations for the modernization of the OLA

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 June 7, 2022, the Commissioner of Official Languages published his Annual Report 2021-2022.

Response

• Our two official languages are a key component of our identity, and bilingualism remains a priority for the Government of Canada.
• We recognize that our oversight role is critical to compliance with the Act and we continue to provide ongoing support to federal institutions.
• The new legislation strengthens official languages compliance through more robust monitoring by the Treasury Board of Canada Secretariat and new powers for the Commissioner of Official Languages.
• 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 2021-2022 presents five themes:

• Official Bilingualism and Key Positions in the Federal Government: Numerous complaints, inadequate language requirements that do not make the headlines, bilingualism among judges, bilingualism and diversity in federal senior management
• Public Service: The Official Languages Maturity Model, Linguistic insecurity, Impact of the COVID-19 pandemic on language rights, Hybrid work model, Report on emergency situations and The Dionne case
• At the Crossroads of Communities and Official Languages: Multiculturalism, Indigenous languages, Francophone immigration, Francophone minority post-secondary institutions, French-language teachers, Public opinion survey, English-speaking communities in Quebec, Action plan for official languages and Canada v. EDSC
• Mid-Mandate Evaluation and Powers of the Commissioner: Mid-mandate report, Increasing the authority of the Commissioner
• Complaints: Analysis and Tables

In the report, the Office of the Commissioner of Official Languages indicates that it received a total of 5,409 admissible complaints under the Act, in 2021-2022. Of these complaints, 1,346 are related to the appointment of the Governor General and 2 680 are related to a speech given in English only to a Montréal audience by the President and Chief Executive Officer of Air Canada. Most of the other complaints relate to communications with the public, the delivery of services to public servants or language requirements of positions.

The Commissioner notes positively and demonstrates his satisfaction with several initiatives undertaken by the Treasury Board Secretariat, such as:

• The establishment of an interdepartmental working group responsible for initiating projects and designing tools to counter linguistic insecurity;
• The finalization of guidelines on the obligations of federal institutions in a hybrid or totally virtual work context;
• The creation of an interdepartmental working group on emergency situations to produce an action plan to be implemented between 2022 and 2024;
• Information sessions offered to federal institutions on the amendments to the Official Languages (Communications with and Services to the Public) Regulations;
• The amendments to the Directive on Official Languages for People Management to allow for non imperative staffing for positions at the EX-02 to EX-05 levels when a candidate has received an exclusion for a medical reason.

The following two recommendations are in the report, but none explicitly addressed to the Treasury Board:

• To one of the parliamentary committees on official languages: to study the language obligations related to the staffing of senior management positions in the federal public service and to Governor in Council appointments in order to determine whether knowledge of both official languages should be a requirement when hiring for these types of positions;
• To the Minister of Official Languages: to ensure that federal institutions are fully informed of their obligations under Part VII of the Official Languages Act and that they meet these obligations in accordance with the Federal Court of Appeal’s January 2022 decision in Canada (Commissioner of Official Languages) v Canada (Employment and Social Development)

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

The bilingual capacity of the federal public service is improving.

Response

• The government is committed to a bilingual federal public service, and we continue to make progress in this regard. The number and level of bilingual positions have steadily increased year after year.
• According to the 2020 Public Service Employee Survey, 9 out of 10 employees say they feel free to communicate with their immediate supervisor in the official language of their choice.
• That being said, bilingual capacity deserves to be further strengthened and for this reason we will pay particular attention to language training.

Background

Compared to the data from 2000, we see a net improvement on all fronts: In 2000, 35.3% of positions in the core public administration were bilingual and the percentage of incumbents who met the language requirements of their position was 82.8%. Only 25.4% of bilingual positions required level C proficiency in oral interaction.

In 2021, 41.9% of positions in the core public administration were bilingual, the percentage of incumbents who met the language requirements of their position was 96.5%. 37.1% of bilingual positions required level C proficiency for oral interaction.

Other 2021 data:

• 96.9% of employees who provided services to the public in English and French met the language requirements of their position and 42.0% of those positions require level C in oral interaction.
• 96.4% of incumbents in bilingual position related to personal and central services (internal services) met the language requirements of their position and 37.1% of those positions required level C in oral interaction.
• 96.1% of incumbents in bilingual supervisory positions met the language requirements of their position and 62.0% of those positions require level C in oral interaction.

According to the 2020 Public Service Employee Survey, across the public service:

• Over 90% of public servants, both Anglophone and Francophone said that material and tools provided for their work, including software and other automated tools, are available in the official language of their choice.
• Over 70% of public servants, both Anglophone and Francophone, say that the senior executives in their department or agency use both official languages in their interactions with employees.

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 starting this fall using an amended Directive that I approved this past 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.

The regulatory amendments will be implemented this fall using the amended Directive and the Official Languages Regulations Re-Application Exercise that is being coordinated by TBS following the publication on August 17, 2022, of the latest Census language data.

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.

Issue

On August 17, 2022, Statistics Canada released the language data from the 2021 Census of the Canadian Population. This data provides a portrait of official language minority communities by presenting the linguistic composition of Canada. The government and stakeholders have described the census data as "worrisome".

Response

• The language data from the last census was expected but remains a concern.
• Anticipating the potential negative impacts on official language minority communities, Treasury Board has taken key actions in 2019 that will ensure an expansion, not a reduction, of bilingual services across the country.
• The release of this language data triggers the launch of the Review of the Application of the Official Languages (Communications with and Services to the Public) Regulations.

Background

In addition to providing a portrait of official language minority communities (OLMCs) by presenting Canada’s linguistic composition, language data from the 2021 Census of the Canadian population illustrates language characteristics, including mother tongue, knowledge of official languages, first official language spoken, and languages spoken at home. Here are some highlights:

• English is the first official language spoken by just over three out of four Canadians. This proportion has increased from 74.8% in 2016 to 75.5% in 2021.
• French is the first official language spoken by an increasing number of Canadians, from 6.9 million in 2016 to 7.0 million in 2021, but the proportion they represent has decreased from 22.2% in 2016 to 21.4% in 2021.
• Another 1.7% of Canadians said that they have both English and French as their first official languages.
• From 2016 to 2021, the proportion of Canadians who speak French predominantly at home increased in Quebec, British Columbia and the Yukon, but decreased in all other provinces and territories.
• The number of people outside Quebec for whom French was the only official language spoken decreased by 36,000 speakers since 2016 but remained above 900,000. This decrease is the first since the period from 1991 to 1996. The proportion of people outside Quebec whose first official language spoken is French has decreased from 3.6% in 2016 to 3.3% in 2021.
• In Quebec, the number of people whose first official language spoken is English has passed the one million mark for the first time in the census. Their proportion increased from 12.0% in 2016 to 13.0% in 2021.
• The proportion of Canadians who are bilingual in English and French remains virtually unchanged since 2016 at 18.0%, but this stability is due to an increase in Quebec (+1.9%) accompanied by a decline elsewhere in the country (-0.3%).

The Minister of Official Languages, Ginette Petitpas Taylor, described the census data as "worrisome". For its part, the Fédération des communautés francophones et acadienne (FCFA) of Canada says the results indicate an urgent need to act by modernizing the Official Languages Act and ensuring an Action Plan for Official Languages that is truly focused on a revival of the Francophonie.

The release of this language data is important to TBS because it triggers the launch of the Official Languages Regulations Re-Application Exercise (OLRRE) (more details can be found in the OLRRE binder card).