Question Period Note: Indigenous Languages Act

The Government acknowledges that there are no Indigenous Languages that are considered to be safe in Canada, and three-quarters of Indigenous languages in Canada are endangered. The Government has committed to fully implementing the Indigenous Languages Act in order to preserve, promote and revitalize Indigenous languages in Canada, with long-term predictable and sufficient funding to support the implementation of the Act.

• On June 21, 2019, the Indigenous Languages Act received Royal Assent. This legislation is historic. It was developed collaboratively with Indigenous Peoples, recognizes Indigenous Peoples’ language rights and outlines how we will support them.
• Budget 2019 announced an investment of $333.7 million for five years with $115.7 million ongoing to support the implementation of the Act.
• Canadian Heritage is working collaboratively with Indigenous Peoples to implement the Indigenous Languages Act, and is consulting with Indigenous governments, governing bodies and a variety of organizations on the appointment of a Commissioner and three Directors of Indigenous Languages, and on the development of an Indigenous Languages Funding Model.

• On June 21, 2019, the Indigenous Languages Act (the Act) received Royal Assent and on August 29, 2019, all provisions, except those dealing with the Office of the Commissioner of Indigenous Languages, regulation making, and Parliamentary and independent reviews. These later provisions came into force on October 1, 2020.
• The Act responds to Calls to Action 13, 14 and 15 of the Truth and Reconciliation Commission of Canada, and was co-developed with First Nations, Inuit and the Métis Nation following extensive engagement and collaborative development work with Indigenous partners. The Act contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.
• The Act’s overall purpose is to support the self-determining efforts of Indigenous Peoples to reclaim, revitalize, maintain and strengthen Indigenous languages. The Act is also intended to facilitate cooperation with provincial and territorial governments, Indigenous governments and other Indigenous governing bodies.
• The Act contains mechanisms to: a) support and promote the use of Indigenous languages; b) support the efforts of Indigenous Peoples to reclaim, revitalize, maintain and strengthen Indigenous languages; c) establish a framework to facilitate the effective exercise of the rights of Indigenous Peoples that relate to Indigenous languages; d) establish measures to facilitate the provision of adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages, and; e) facilitate meaningful opportunities for Indigenous governments and Indigenous organizations to collaborate in policy development related to the implementation of this Act. The Act also establishes the Office of the Commissioner of Indigenous Languages.
• Indigenous stakeholders, like Chief McLeod of the Upper Nicola First Nation in British Columbia and director of the British Columbia Assembly of First Nations, have expressed that the Act is an initial step in revitalizing Indigenous languages and culture.
Budget 2019
• Budget 2019 provided $333.7 million over 5 years and $115.7 million on-going to support the implementation of the Act.
• Budget 2019 breakdown: 2019/2020 ($15 million); 2020/2021 ($44.1 million); 2021/2022 ($71.6 million); 2022/2023 ($87.2 million); 2023/2024 ($115.7 million – ongoing).
• Indigenous Peoples and stakeholders have raised concerns that the funds allocated in Budget 2019 are not sufficient for the preservation, promotion and revitalization of Indigenous languages.
• Budget 2019 funds are in addition to existing funds that support Northern Aboriginal Broadcasting ($8 million/year) and 3 Territorial Language Accords (total $12.093 million – NU $5.1 million, NWT 5.9 million & YT 1.1 million).
Current Year - transition
• For this year, and the period of transition to a new Indigenous Languages Funding Model, investments are being managed collaboratively under an existing expanded Indigenous Languages and Culture program.
• Number of applications: this year, Canadian Heritage (PCH) received 320 applications vs 233 last year. This does not include the applications received by the PCH’s three First Nations third party service delivery organizations who administer $11.225 million of this year’s $35 million budget.
• For the first time in the history of this funding program, PCH established distinctions-based Indigenous Review Committees to make recommendations to PCH on applications for program funding. These committees were established with the support of the three National Indigenous Organizations, and include a First Nation, Métis Nation and Inuit Review Committee.
Programs and Services Transfer Agreements
• There are 14 First Nations in Yukon Territory, 11 of which have signed Self-Government Agreements (SGAs) which form the foundation of these First Nations’ relationship with the federal and territorial governments.
• Programs and Services Transfer Agreements (PSTAs) enable self-governing Yukon First Nations (SGYFN) to assume responsibility for federal or territorial program areas falling within the SGYFN authority. In 2007, pursuant to PSTAs, SGYFN assumed responsibility for language programing.
• The amount of $1,903,814 will be transferred from PCH to CIRNAC for these PSTAs. The amount and includes the 2020-2021 amount of $1,389,190 and a retroactive amount of $514,624 for 2019-2020 fiscal year.
• The funds being transferred are from the Indigenous Languages Component (ILC) of the Indigenous Languages and Cultures Program.
Implementation
• On December 13, 2019, the Minister of Canadian Heritage was mandated by the Prime Minister to “continue to fully implement the Act in order to preserve, promote and revitalize Indigenous languages in Canada, with long-term predictable and sufficient funding to support the implementation of the Act.”
• A Joint Implementation Steering Committee has been established for the purpose of working collaboratively on the implementation of the Act. The Committee is comprised of representatives of the Assembly of First Nations (AFN), the Inuit Tapiriit Kanatamii (ITK), the Métis National Council (MNC) and PCH. The Committee is making progress on the implementation of the Act. There has also been outreach to other Indigenous organizations such as the Native Women’s Association, among others, to seek their perspectives.
• In addition, PCH is working with officials at Crown-Indigenous Relations to seek the views of self−governing nations and modern treaty signatories.
Commissioner
• The Act establishes an Office of the Commissioner of Indigenous Languages (Office), with a Commissioner and up to three Directors appointed by the Governor in Council. The Office will be an arm’s-length, independent institution.
• PCH has collaboratively developed draft Key Accountabilities (i.e. principal responsibilities) for the positions of the Commissioner of Indigenous Languages, and Directors, with the Joint Implementation Steering Committee
• While selection committees for Governor in Council appointments are typically composed of federal officials, because of the unique nature, scope and role of the Commissioner of Indigenous Languages (the Commissioner) and Directors, the composition of the Selection Committee will also include First Nation, Inuit and Métis Nation representatives. This will ensure the selection of the Commissioner and Directors is directly informed by Indigenous perspectives.
Consultations
• The Act includes an obligation for the Government of Canada to consult with Indigenous Peoples on: meeting the objective of providing adequate, sustainable and long-term funding; the appointment of a Commissioner and Directors for the Office of the Commissioner of Indigenous Languages; the designation of a Director as Acting Commissioner for more than 90 days; and the development of regulations under the Act.
• In early March 2020, the Minister of Canadian Heritage began consultations in Yukon in respect of funding and the Office of the Commissioner of Indigenous Languages. As a result of travel and other restrictions created by the COVID-19 pandemic, consultations have been delayed. Since March, the Joint Implementation Steering Committee has been refining an approach to consultations that is respectful, meaningful and responsive to public health imperatives. Virtual consultations started on September 28, 2020 and are anticipated to be completed at the end of November 2020.
International Decade of Indigenous Languages
• On December 18, 2019, at the closing of the International Year of Indigenous Languages, the United Nations announced that an International Decade of Indigenous Languages will officially begin in 2022 in order to build on current efforts and to highlight the imperative need to preserve, revitalize and promote Indigenous languages. Canada will work with Indigenous peoples to collaboratively develop a plan for Canada’s contribution to this Decade.

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