Question Period Note: STRENGTHENING THE POWERS OF THE COMMISSIONER OF OFFICIAL LANGUAGES

The mandate letter of the Minister of Economic Development and Official Languages includes a commitment to review and strengthen the powers of the Commissioner of Official Languages, as part of the modernization of the Official Languages Act.

• The modernization of the Official Languages Act is a priority for our Government, and we are examining options to strengthen the powers of the Commissioner of Official Languages.
• The Office of the Commissioner of Official Languages is an essential institution to help the Government of Canada fulfill its official languages commitments.
• The Commissioner of Official Languages has shared with us his priorities for modernization, and we will pursue our collaboration to achieve a modernized Official Languages Act that meets the expectations of Canadians.

• The mandate letter from the Minister of Economic Development and Official Languages includes the commitment to examine and strengthen the powers of the Commissioner of Official Languages (COL), as part of the modernization of the Official Languages Act.
• The COL is an agent of Parliament appointed by commission under the Great Seal, after approval by resolution of the Senate and House of Commons, for a seven-year term. He/She reports directly to Parliament and is supported by the Office of the Commissioner of Official Languages. Section 56 of the Official Languages Act gives the Commissioner the mandate “to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society.”

• The Act gives the COL the mandate to conduct an investigation on the filing of a complaint concerning the administration of a federal institution, a specific case of non-recognition of the status of an official language, breach of a statutory provision relating to the use of official languages or the spirit of the Act, and to report thereon. In doing so, it preserves an important distinction between the role of the COL and the role of the Federal Court.
• During consultations on the modernization of the Act, recommendations were made regarding the role and powers of the COL, including expanding the powers of the COL to allow him to impose sanctions in the event of a violation of the Act by a federal institution, and creating an administrative tribunal as a monitoring and accountability mechanism.
• In May 2019, the COL released his positioning document on the modernization of the Act. The document addresses the issues raised during a series of informal consultations undertaken by the COL, with key stakeholders and groups with specific experience in the area of official languages.
• Prior to this, the COL had appeared before the House and the Senate parliamentary committees for official languages in December 2018, in particular to discuss the modernization of the Act, and had presented a preliminary report on the subject. The document contains 18 recommendations for a modernized Act, based on the three pillars: namely a current, dynamic and robust Act. The document makes the following recommendations regarding the powers of the COL:
o That the Act provide the COL with more flexibility in the investigations conducted;
o That the Act explicitly allow the COL to publish recommendations, conclusions and investigation summaries; and
o The addition of new mechanisms to ensure better compliance with the Act. Specifically, it proposes adding the power to impose administrative monetary penalties, along with the power to enter into binding agreements with federal institutions subject to the Act, as well as the establishment of a fund for linguistic duality.
• These proposals are being examined by the Interdepartmental Working Group with a view to modernizing the Official Languages Act. This group is co-chaired by Canadian Heritage, the Treasury Board Secretariat and Justice, with the participation of the Privy Council Office.

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