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 penalties to certain privatized or Crown corporations currently subject to the Official Languages Act 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 a continuum of more binding powers for the Commissioner including the ability to enter into compliance agreements, issue binding orders and impose administrative monetary penalties.
• Only 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 - will be subject to the new administrative monetary penalty regime.

• 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 (the commissioner) is entrusted with an additional power to impose administrative monetary penalties (AMP). The Commissioner would have the following new powers:
o The use of alternative dispute resolution methods (facilitated and accelerated process);
o The discretion to publish the recommendations and findings of his investigations;
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 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 AMP 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 (e.g.: Air Canada, VIA Rail, Marine Atlantic Inc. and some airport authorities of the National Airports System).
• The Commissioner 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.”
• On June 20, 2022, the Commissioner tabled his most recent brief on the modernization of the OLA to the Standing Committee on Official Languages entitled: An Historic Opportunity for a Comprehensive Modernization of the OLA. He appeared on June 20 and October 6, 2022 before the Standing Committees on Official Languages, LANG and OLLO respectively, where he presented the recommendations of this brief. Many of the recommendations are aligned with those of key stakeholders.
• In May 2019, the Commissioner released a positioning document on the modernization of the Act. The document addresses the issues raised during a series of informal consultations undertaken by the Commissioner, with key stakeholders and groups with specific experience in the area of official languages.
• In December 2018, the Commissioner appeared before the House and the Senate parliamentary committees for official languages, 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 AMP, 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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