Question Period Note: Strengthening the Powers of the Treasury Board

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. Among other things, this bill provides for a strengthening of the role and powers of the Treasury Board.

• Bill C-13 proposes to modernize the Official Languages Act and strengthen the role and powers of the Treasury.
• In the next version of the Act, the Treasury Board will be able to establish policies and recommend regulations on "positive measures" in consultation with my department to help federal institutions meet their obligations.
• Our Bill would also strengthen the oversight role of the Treasury Board to ensure that federal institutions meet all of their obligations under the parts of the Act that apply to them.

• On March 1, 2022, the Minister for Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency, along with her colleagues the Minister of Justice and the President of the Treasury Board, tabled Bill C-13 An Act to amend the Official Languages Act, to enact the French Language Use in Private Sector Undertakings Act and to make related amendments to other Acts.
• The House of Commons Standing Committee on Official Languages (LANG) completed its clause-by-clause study on March 31, 2023 and passed the bill with several amendments. In addition, LANG amended the bill to give the lead role to the Treasury Board, a committee of Cabinet, rather than the Minister of Canadian Heritage as provided for in C-13.
• At report stage, the House adopted an amendment giving this role to the President of the Treasury Board - a Minister - rather than the Treasury Board.
o For example, TB must now monitor, audit and evaluate the effectiveness of policies and programs arising from the implementation of Parts IV, V, VI. Also, a new role in this regard was given to TB regarding the obligation of federal institutions to take positive measures (Part VII), which it will be responsible for monitoring and evaluating.
• Bill C-13 would amend the Official Languages Act (OLA) by strengthening the management of official languages to improve compliance by federal institutions with respect to their official languages obligations.
o The government-wide coordination role is assigned to the Minister of Canadian Heritage (PCH), while the roles of monitoring and making institutions aware of the requirements are assigned to TB.
o TB will be responsible for establishing policy instruments for the adoption of positive measures by federal institutions.
• These changes would have the effect of clarifying the roles of departments and fostering greater cooperation among them; ensuring greater involvement of a central agency in the governance of official languages; and promoting greater compliance by federal institutions.
• The OLA has recognized English and French as the official languages at the federal level since 1969. It is quasi-constitutional and sets out the powers and obligations of federal institutions, among other things, with respect to:
o Communications with and services to the public (Part IV);
o Language of work of federal institutions (Part V);
o Participation of English-speaking and French-speaking Canadians in federal institutions (Part VI); and
o Promotion of English and French (Part VII).
• The OLA gives a legislative mandate to the Treasury Board (TB) and the Minister of PCH:
o TB, supported by the Treasury Board Secretariat, coordinates the implementation of the parts of the OLA dealing with communications and services to the public, language of work and representation of English and French-speaking Canadians in the public service. The Treasury Board Secretariat holds federal institutions to account on these matters and the President of the TB reports annually to Parliament.
o PCH coordinates the efforts of federal institutions to enhance the vitality of official language minority communities and promote English and French in Canadian society. PCH holds federal institutions to account and reports annually to Parliament.
• Under Part IV, every federal institution has the duty to ensure that any member of the public can communicate with and receive services from it in either official language in the National Capital Region and in offices designated bilingual under the Official Languages (Communications with and Services to the Public) Regulations. The right of the public to be served in the official language of their choice takes precedence over the right of an employee to work in English or French.
• Under Part V, English and French are the languages of work in federal institutions. It is the responsibility of these institutions, in the National Capital Region and in regions designated as bilingual, to ensure that their work environment is conducive to the effective use of both official languages while allowing their employees to use either language.

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