Tabling of the improved Bill entitled An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts Français
GRAND PRÉ, NS, March 1, 2022 /CNW/ - Just as Indigenous languages remain an integral part of the linguistic landscape of Canadian society, our two official languages are an integral part of our country's heritage. Protecting and promoting our two official languages and defending official-language minority communities are a priority for the Government of Canada.
Today, the Honourable Ginette Petitpas Taylor, Minister for Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency, supported by the Honourable Mona Fortier, President of the Treasury Board, and the Honourable David Lametti, Minister of Justice and Attorney General of Canada, tabled an improved bill for substantive equality between Canada's official languages.
More than 30 years after the last major reform, the Official Languages Act required modernization to keep pace with a society that has experienced profound social, demographic and technological changes.
After sharing our vision for official languages reform in the document English and French:Towards a substantive equality of official languages in Canada, and after introducing Bill C-32 in June 2021, we continued to listen to Canadians, communities and interested stakeholders. With this in mind, we decided to significantly improve the bill, which today enables us to take a historic step forward.
In addition to the key measures in the previous bill, this new version significantly improves the Official Languages Act to address the decline of French in Canada; clarify and strengthen the part of the Act concerning the promotion of official languages and supporting official-language minority communities; improve compliance by federal institutions concerning official languages; and achieve a balance so that as many Canadians as possible can identify with this modernization, including through the following measures:
- Modify the Treasury Board's powers to further strengthen its official languages monitoring obligations.
- Strengthen the powers of the Commissioner of Official Languages, including new authority to enter into compliance agreements with institutions subject to the Act, to issue orders, and to impose administrative monetary penalties on certain privatized entities and Crown corporations that are currently subject to the Official Languages Act in the area of transportation serving the travelling public.
- Strengthen Canada's Francophone Immigration Policy, which should include objectives, targets and indicators to increase Francophone immigration outside Quebec.
- Add the principle of remedial nature of language rights to the principles of interpretation of the Act to better protect linguistic minorities across the country.
- Add amendments and clarifications regarding federal institutions taking positive measures for official-language minority communities and the promotion of English and French.
- Establish new rights and obligations to protect the French language in private businesses under federal jurisdiction in an Act of Parliament dedicated to this objective.
- Add a preamble to the Official Languages Act reminding that official-language rights apply even in emergencies. Add language that clearly states the equal importance of the country's two major linguistic communities and the requirement to consider the specific needs of each, and the historical and cultural importance of Canada's Anglophone and Francophone minorities and their unique and plural character.
The tabling of this improved bill is a concrete step in our efforts to ensure the protection of French, the promotion of our two official languages, and the revitalization of minority communities and bilingualism across the country.
Quotes
"Today is a historic day for advancing the language rights of Canadians across the country. Our government made a commitment to move forward quickly to modernize the Official Languages Act, and this ambitious reform is concrete proof of that commitment. Thanks to true teamwork, we are taking an important step to achieve substantive equality of English and French."
—The Honourable Ginette Petitpas Taylor, Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency
"Canadians must be able to use the justice system in the official language of their choice. This improved bill touches on many aspects of the federal linguistic framework to improve access to justice in both official languages. The bill will have a major impact on the administration of our justice system and our courts. More than 30 years have passed since the last Official Languages Act reform. As promised, our government is delivering on its commitment to modernize and revitalize the Official Languages Act."
—The Honourable David Lametti, Minister of Justice and Attorney General of Canada
"Official languages are an integral part of our culture and identity. Modernizing the Official Languages Act will enable the Treasury Board to reaffirm its role as a central agency by strengthening and expanding its powers, including monitoring compliance of federal institutions, which will improve our ability to serve Canadians in the official language of their choice."
—The Honourable Mona Fortier, President of the Treasury Board
Quick Facts
The federal Official Languages Act was adopted in 1969, recognizing English and French as the two official languages of Parliament and the Government of Canada. The Canadian Charter of Rights and Freedoms was adopted in 1982, making English and French the two official languages of Canada.
The Act was revised in 1988 to ensure that language rights enshrined in the Charter were implemented at the federal level. This version of the Act also declares the Government of Canada's commitment to enhance the vitality of official-language minority communities, support their development, and promote the full recognition and use of both official languages in Canadian society. In 2005, it added the obligation for federal institutions to take positive measures to implement this commitment.
From March to May 2019, the Government of Canada conducted a pan-Canadian conversation on the modernization of the Act, culminating in a national symposium in Ottawa.
In the fall of 2019, the Government of Canada committed to modernizing the Act and subsequently included this commitment in the mandate letter of the Minister of Official Languages.
On February 19, 2021, the Minister tabled her reform paper outlining the Government of Canada's vision and intentions for modernizing the Act. The document contained 56 proposals that affect several parts of the Act, 33 of which are legislative in nature.
On June 15, 2021, the Minister tabled Bill C-32 – An Act to amend the Official Languages Act and to make related and consequential amendments to other Acts. The calling of a federal election on August 15, 2021, ended the process of passing this bill.
Associated Links
Backgrounder − Details on the Bill entitled An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
On March 1, the Government of Canada presented Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts, aiming for a substantive equality of Canada's official languages.
More than 50 years ago, the desire to build a bilingual Canada inspired the Official Languages Act. Since then, the Act has had a tangible impact on the lives of all Canadians. For example, it grants the right to be served and work in the official language of one's choice within federal institutions and provides official-language minority communities with powerful developmental levers, such as the opportunity to study and work in the official language of their choice. The Act is the key instrument for ensuring that Canada's two official languages, English and French, are supported and protected.
More than 30 years after the last major reform, the Act required modernization to ensure that it continues to serve Canadians well, that it responds to current linguistic realities, and that it promotes substantive equality between English and French while contributing to the vitality of official-language minority communities.
The Bill to achieve substantive equality between Canada's official languages includes improvements designed to meet the challenges facing the French language in North America and the challenges facing official-language minority communities. It will also enable the Government of Canada to establish a new balance in its linguistic framework.
The Bill proposes significant amendments to achieve the following objectives:
- Promote a better-supported French language throughout Canada
- Clarify and strengthen the part of the Act concerning the promotion of official languages and support for official-language minority communities
- Improve the compliance of federal institutions concerning official languages
- Achieve a balance so that as many Canadians as possible identify with this modernization
More specifically, here are some of the key improvements that the Bill proposes to meet the various objectives:
Strengthening the Treasury Board's powers
Changes to Treasury Board powers to replace the discretionary nature of some of these powers with obligations. These will strengthen oversight and accountability for official languages throughout the Government of Canada.
Strengthening the powers of the Commissioner of Official Languages
The Commissioner of Official Languages will see an improvement in their ability to intervene by adding new powers, including the power to enter into compliance agreements and to issue an order to a federal institution or other entity subject to the Act to take such measures as the Commissioner considers appropriate to remedy violations identified in the application of certain parts of the Act. The Commissioner's role would also be strengthened by adding a new power to impose administrative monetary penalties on certain privatized entities and Crown corporations that are currently subject to the Act in the area of transportation serving the travelling public.
More detailed Francophone immigration policy
Francophone immigration is one of the factors that contributes to the maintenance or growth of Francophone minority populations. The modernized Act would set out the obligation for Canada to have a Francophone immigration policy that will contain objectives, targets and indicators to increase Francophone immigration to Francophone minority communities.
Better oversight of positive measures by all federal institutions
One of the key measures is including clarifications regarding federal institutions taking positive measures benefiting official-language minority communities to better promote official languages. These amendments to the Act will be followed by the creation of a new regulation on positive measures that would guide federal institutions concerning consultation and consideration of the priorities of official-language minority communities.
New rights within private businesses under federal jurisdiction
The Bill provides for the creation of new rights to work and to be served in French in private-sector businesses under federal jurisdiction in Quebec and regions with a strong Francophone presence, as defined by regulations. The Government now proposes to include these rights in a new law, separate from the Official Languages Act, to support federal jurisdiction in these areas.
Support for minority language education
The Government of Canada will now be required to contribute to the estimation of the number of children of parents entitled to minority official-language education. This contribution will better support implementing an important right within the Canadian Charter of Rights and Freedoms.
Increased safety in emergencies
The addition of a paragraph to the preamble of the Act will be a reminder that official-language rights and provisions apply even in emergencies to ensure the protection of all Canadians.
The remedial nature of the official language framework
The addition of the remedial nature of language rights to the principles of interpretation of the Act will guide the interpretation of the Act to remedy past injustices and provide greater protection to official-language minority communities across the country.
Translation of judicial decisions
A strengthening of the provisions for court decisions to be translated will provide an immediate translation of more federal court decisions.
As detailed in the document English and French:Towards a substantive equality of official languages in Canada, these legislative amendments will be accompanied by regulatory measures. Visit the Government of Canada's website on modernizing and strengthening the Official Languages Act to learn more about the Bill.
Bill for modernizing and strengthening the Official Languages Act
Modernization of the Official Languages Act
History of the Official Languages Act
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SOURCE Canadian Heritage
For more information (media only), please contact: Marianne Blondin, Press Secretary, Office for the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency, [email protected]; Media Relations, Canadian Heritage, 1-819-994-9101, 1-866-569-6155, [email protected]
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