Question Period Note: Implementation of the modernized Official Languages Act

On June 20, 2023, Bill C-13 - An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts received Royal Assent.

• It is with deep conviction that we continue to implement the modernized Act to ensure respect for English and French as the official languages of Canada and to support the development of English and French linguistic minority communities in order to protect them.
• In short, the modernized Act recognizes the linguistic realities of provinces and territories, ensures better access to justice, communications, and services to the public, features a strengthened Part VII, solidified governance, and expanded powers for the Commissioner of Official Languages.
• The implementation of the Modernized Act is ongoing, and we will continue to work closely with the President of the Treasury Board to develop its new regulations.

• On June 20, 2023, Bill C-13 - An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private businesses and to make related amendments to other Acts received Royal Assent. The bill was tabled in the House of Commons on March 1, 2022.
• The modernized Official Languages Act (OLA) includes provisions that significantly strengthen Part VII of the OLA, create the new Use of French in Federally Regulated Private Businesses Act (FRPBA), and strengthen the powers of the Commissioner of Official Languages by giving him the authority to enter into compliance agreements, issue orders, and impose administrative monetary penalties.
• To implement these provisions, three regulations must be made:
1. framework for positive measures taken by federal institutions with respect to Part VII of the modernized OLA;
2. framework and determinations of certain elements of the new regime with respect to federally regulated private businesses (FRPBs) (e.g., size of businesses to be covered, definition of regions with a strong Francophone presence, etc.), and;
3. framework for the new administrative monetary penalty (AMP) regime.
• These processes will be implemented through traditional pre-consultation stages and information sessions (stage 1), consultation processes (stage 2), approval and publication (stage 3). In addition, the regulations for the AMP and FRPB regimes will include an additional step to enable the launch of these activities, namely the making of an Order in Council (step 4). Finally, the regulations for the new FFRPB regime will include an additional step to those outlined above, namely consultation with the province of Quebec (step 5).
• Step 1: Pre-consultations with various stakeholders prior to developing regulatory options, followed by the development of these options and organization of information sessions.
• Step 2: The OLA sets out mandatory steps for the consultation process in sections 84, 85 and 86, and similar steps are set out in sections 34, 35 and 36 of the FFRPBA for FRPBs.
o Section 84: The federal minister responsible for the provision consults, according to the circumstances and at the appropriate time, the English and French-speaking minority communities and, eventually, the general public on the draft regulations.
o Section 85: The federal minister responsible for the provision shall table a preliminary draft regulation in the House of Commons at least thirty days before the regulation is published in the Canada Gazette under section 86.
o Section 86: Draft regulations made under the OLA are published in the Canada Gazette at least thirty days before the date on which they are to come into force, and interested persons are given every opportunity to make representations to the federal minister responsible for the provision.
• Step 3: Final approval of the regulation by Cabinet; coming into force of the regulation on the day following its approval; publication of the approved regulation in the Canada Gazette, Part II; and organization of information sessions for next steps.
• Step 4: Order-making must take into account the evolution of regulatory work. The Order in Council could coincide with pre-publication of the draft regulations in the Canada Gazette, Part I, at the earliest.
• Step 5: Negotiations with the Quebec government to reach an agreement to give effect to a provision (section 6.1 of the FFRPBA) relating to the applicability of the provincial (i.e., Charter of the French Language) or federal (i.e., FFRPB Act) regime for FRPBs with workplaces located in Quebec.
• The OLA came into force in 1969, granting equal status and use to French and English not only in Parliament and the courts, but also throughout the federal administration. In September 1988, the OLA was thoroughly revised. That version incorporated and clarified the language rights and principles enshrined in the 1982 Canadian Charter of Rights and Freedoms, and included a new Part - Part VII - which contained a new commitment by the Government of Canada to promote English and French in Canadian society. In 2005, the OAL added obligations to implement the federal government's commitment under Part VII.

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