Question Period Note: Tabling of a Bill to modernize and strengthen the Official Languages Act
About
- Reference number:
- PCH-2023-QP-00007
- Date received:
- May 10, 2023
- Organization:
- Canadian Heritage
- Name of Minister:
- Petitpas Taylor, Ginette (Hon.)
- Title of Minister:
- Minister of Official Languages
Issue/Question:
On March 1st, 2022, the Minister of Official Languages tabled Bill C-13 An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Businesses Act and to make related amendments to other Acts in the House of Commons.
Suggested Response:
• The Official Languages Act has not been substantially revised since 1988 and needs to be modernized and strengthened to keep pace with a society marked by new demographic and social realities.
• Our government recognizes in this Bill that French is in a minority situation in Canada and North America, due to the predominant use of English, and takes actions to protect and promote it.
• Bill C-13 embodies the vision and commitments of our Government to our two official languages. This Bill proposes significant enhancements to improve the vitality of our official language minority communities and promotion of our two languages across Canada.
Background:
• On March 1st, 2022, the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency tabled Bill C-13 An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Businesses Act and to make related amendments to other Acts (Bill C-13) in the House of Commons (the House).
o The House of Commons Standing Committee on Official Languages (LANG) completed its clause-by-clause study on March 31, 2023 and passed the bill. It was debated in the House at report stage and third reading, before being referred to the Senate for the subsequent stages of the parliamentary process before Royal Assent.
o LANG has previously invited witnesses (75) including Ministers Fraser and Fortier (December 6, 2022), and Ministers Petitpas Taylor and Rodriguez (December 8, 2022), and received 48 briefs.
o The Senate Standing Committee on Official Languages (OLLO) conducted a pre-study of the contents of the bill, having heard 9 witnesses and having reviewed 25 briefs, and tabled its final report on November 17, 2022.
• On June 2nd, 2022, the Parliamentary Budget Officer released an independent analysis of the financial cost of Bill C-13. The study was commissioned by the OLLO. Articles report that for the private sector, the PBO estimates one-time compliance costs of $240 million and recurring costs of $20 million per year.
• Bill C-13 includes the key measures of the previous version of the Bill (C-32) including recognition of provincial and territorial linguistic realities, increased support for French across Canada, including Quebec, a significant strengthening of the powers of the Treasury Board and the Commissioner of Official Languages, and a ten-year review clause.
• Bill C-13 goes further, also proposing significant reinforcements from the previous Bill:
o A strengthening of the provisions relating to Francophone immigration.
o A strengthening of the provisions linked to federal institutions taking positive measures.
o A strengthening of the provisions in connection to the English-speaking communities in Québec.
o An additional strengthening of Treasury Board’s powers with regards to official languages.
o The addition of precision linked to emergency situations.
o The addition of the principle of interpretation as to the restorative nature of linguistic rights.
o A transfer of dispositions relating to the federally regulated private businesses in a new law.
o A new power entrusted in the Commissioner of Official Languages to impose administrative monetary penalties to certain privatized or Crown corporations in the field of transportation who communicates and offer services to travelers.
o Strengthening of the judicial decisions provisions to obtain immediate translation of more federal court decisions.
• On February 19, 2021, the Government of Canada unveiled its official languages reform paper, English and French: Towards Substantive Equality of Official Languages in Canada. This document, which followed a pan-Canadian consultation process that began in March 2019, outlines the government's vision for a modernized Official Languages Act (OLA). This document outlines the federal government's intentions, which include a series of legislative, regulatory and administrative measures.
• On April 19, 2021, the Government of Canada presented its Budget 2021: A Recovery for Jobs, Growth and Resilience. It announced that it would invest $389.9 million over three years, beginning in 2021-2022, to support official languages. Among other things, it granted $6.4 million to Canadian Heritage and $2.3 million to the Treasury Board of Canada Secretariat over two years to modernize the OLA. In addition, $16 million for 1 year upon Royal Assent of the Bill was announced in the Economic and Fiscal Update 2021 to allow for the short-term implementation of certain key provisions.
• The November 23, 2021 Speech from the Throne stated that both official languages are part of our identity and shape our country and that it is crucial to support official language minority communities and to protect and promote French not only outside Quebec, but also within it.
• The OLA came into force in 1969 and gave equal status and use to English and French not only in Parliament and courts, but also throughout the federal administration. In September 1988, the OLA was reviewed in depth. This new version incorporated and clarified the language rights and principles enshrined in the Canadian Charter of Rights and Freedoms, 1982, and included, notably, a new part - Part VII - which contained a new commitment by the Government of Canada to promote English and French in Canadian society. The most recent milestone in the evolution of the OLA was passed in 2005, adding obligations to implement federal government’s commitment under the Part VII.
Additional Information:
None