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

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. 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 entities or Crown corporations currently subject to the Official Languages Act and which provides services 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 will be subject to the new administrative monetary penalty regime. This is a direct response to complaints from the travelling public.

• 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 given the additional power to impose administrative monetary penalties (AMP). The Commissioner would therefore have the following new powers:
o The use of alternative dispute resolution methods (including facilitated and accelerated resolution, process), a less formal investigation process in place at the Office of the Commissioner of Official Languages, excluding arbitration;
o Greater discretion in denying certain types of repeat complaints;
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 Official Languages Act (the Act) to frame the implementation of the changes to be made; These agreements may apply to all parts of the Act;
o The power to issue orders (obligation to bring certain changes) with respect of Part IV (Communications with and Services to the Public) and Part V (Language of Work) 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 entities and Crown corporations already subject to the Act that are providing services to the travelling public under Part IV of the Act (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 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 (LANG) entitled: An Historic Opportunity for a Comprehensive Modernization of the OLA. He also appeared on June 20 before LANG and on October 6 and 31, 2022 before the Senate Standing Committee on Official Languages (OLLO). This brief complements the one he released in May 2019, as well as his positions on modernization.
• The enhancements made in Bills C-32 and C-13 were in response to the following recommendations made by the Commissioner in his first modernization submission and in his 2018 parliamentary appearances:
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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