Question Period Note: Strengthening the powers of the Commissioner of Official languages

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 in the House of Commons. This Bill provides for, among other things, a strengthening of the Commissioner of Official Languages’ powers, such as the ability to impose administrative monetary sanctions to certain privatized or Crown corporations in the field of transportation which offer a service to the travelling public.

• The modernization of the Official Languages Act is our opportunity to strengthen the powers of the Commissioner of Official Languages.
• Our Bill provides for the Commissioner of Official Languages to issue binding orders requiring federal institutions to comply with certain parts of the Act.
• The Bill also provides the ability for the Commissioner to impose administrative monetary sanctions. This will be the case for certain entities already subject to the Official Languages Act in the transportation sector which offer a service to the travelling public – an area where compliance remains a challenge.

• On March 1st, 2022, the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency, accompanied by her colleagues, Minister of Justice and President of the Treasury Board 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. This is a strengthened version of Bill C-32, in which the Commissioner of Official Languages (COL) is entrusted with an additional power to impose administrative monetary sanctions. The COL would therefore have the following powers:
o The use of alternative dispute resolution methods (mediation, among others);
o The permission to publish recommendations during an investigation;
o The ability to conclude compliance agreements with federal institutions and other entities subject to the Act to frame the implementation of the recommended changes; These agreements are enforceable and may apply to all parts of the Act;
o The power to issue orders (obligation to bring certain changes) with respect of Parts IV and V of the Act against all entities subject to the Act. These orders are enforceable; and
o The power to impose administrative monetary sanctions for a targeted category of privatized institutions and Crown corporations already subject to the Official Languages Act that are providing services to the travelling public (Air Canada, VIA Rail, Marine Atlantic Inc. and some airport authorities of the National Airports System).
• 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.”
• 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 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.

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