Question Period Note: Official languages in federally regulated private business in Quebec and in regions with a strong Francophone presence

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, the creation of a new law to register new rights to work and obtain services in French in federally regulated private businesses in Québec and in certain regions with a strong Francophone presence.

• The Government of Canada recognizes the importance of French in Canada, and particularly in Quebec.
• Bill C-13 proposes to register in a new law the creation of new rights to work and obtain services in French in federally regulated private businesses in Quebec and in certain regions with a strong Francophone presence.
• Our Government is committed to better supporting the French language, while protecting the language rights of all Canadians, including those of English-speaking communities in Quebec.

• 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, among other things, the creation of a new law to register new rights to work and obtain services in French in federally regulated private businesses (FRPBs) in Québec and in certain regions with a strong francophone presence.
• In order to better support the French language throughout Canada, including in Québec, the Government of Canada proposes measures that aim to create new obligations for FRPBs in a new law. This new law would guarantee the right to work and obtain service in French in FRPBs in Quebec and in regions with a strong francophone presence. The Government also proposes that the size of the federally regulated private businesses to which the new provisions will apply and the establishment of the regions with a strong francophone presence. Exemptions and special rules are also planned for certain sectors (for example, broadcasting) because of intellectual property rights, in connection with an international standard or the conduct of interprovincial or international business.
• In addition, May 13, 2021, the Quebec government unveiled its reform of the Charter of the French Language. Bill 96 is entitled An Act respecting French, the official and common language of Québec, and when it was introduced to the National Assembly, the Minister responsible for the French language, Simon Jolin-Barrette, stated that the purpose of Bill 96 "is to affirm that the only official language of Quebec is French" and that "French is the common language of the Quebec nation".
• Quebec's Bill 96 adopted on May 24th 2022, calls for, among other things, the application of Bill 101 to businesses with 25 or more employees and provides for recourse against retailers who refuse to serve their customers in the official language. It proposes several changes with respect to French as a language of work, including obligations on employers to ensure that the right of employees to work in French is respected.
o The Bill provides (s. 65) for a new section by insertion (s. 89.1) that "Nothing in this Act may be construed so as to prevent its application to any enterprise or employer carrying on business in Quebec.
o Although federal undertakings are not explicitly named, such a provision could have the effect of applying to private undertakings under federal jurisdiction.
• In addition, in the wake of recent controversies surrounding Air Canada and the Canadian National Railway (CN), the Quebec government has indicated its willingness to apply the Charter of the French Language to private companies under federal jurisdiction in Quebec.
• The federal government has exclusive federal jurisdiction over labour relations and language of work for FRPBs. The Government of Canada already regulates FRPBs through various laws, regulations and policy instruments in several areas, such as accessibility, competition and telecommunications. However, it still did not impose any requirements on the use of official languages as a language of service and work for FRPBs.
• In Quebec, there are approximately 3,700 FRPBs, which employ almost 187,700 people, or about 4% of the province's employees. Of these, approximately 320 (8.6%) have more than 50 employees. There are 62,400 Quebecers who work in FRPBs that are not subject to the OLA, have more than 50 employees, and are not voluntarily subject to the Charter of the French Language. These Quebecers represented only 1.4 percent the workforce in Quebec in 2019.
• The new rights initiated by the Government of Canada’s Bill would give employees of a FRPB who hold a position in a workplace located in Quebec and in regions with a strong francophone presence the right to, among other things, work and be supervised in French, receive communications in French, and use commonly used work instruments and computer systems in French.
o As a principle, C-13 recognizes the specific linguistic dynamics of other jurisdictions, including those of the provinces, and gives Quebec FRPB the choice of being subject to the Quebec Charter of the French Language or to the federal Act. From the federal perspective, the two laws would thus be complementary which may require a bilateral administrative agreement.
o The possibility for FRPB to voluntarily opt into the Charter only takes effect if an agreement is reached between the federal government and the Government of Quebec. It remains to be determined whether the Quebec government would agree to collaborate on such an agreement.

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