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

On June 20, 2023, Bill C-13 received Royal Assent and became the Act for the Substantive Equality of Canada’s Official Languages Act (abbreviated title). It includes, 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 provide services to the travelling public.

• Our official languages are part of the Canadian identity, and our government is committed to promoting and protecting them, and being exemplary in fulfilling its obligations in this area;
• To ensure that federal institutions meet their obligations, the modernized Act gives a series of new powers to the Commissioner of Official Languages;
• The Commissioner will be better equipped to intervene with federal institutions, as well as privatized entities and Crown corporations currently subject to the Act, including those providing services to the travelling public and often targeted by public complaints.

• 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. The modernized Official Languages Act (OLA) introduces new powers for the Commissioner of Official Languages (the Commissioner):
o The use of alternative dispute resolution methods (including facilitated and accelerated resolution, process), a less formal investigation process used by the Office of the Commissioner of Official Languages;
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 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 AMPs for a targeted category of privatized entities and Crown corporations already subject to the Act that communicate with and provide services to the travelling public under Part IV of the Act. These entities will be identified by regulation (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 House of Commons and the Senate, for a seven-year term. The Commissioner 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.”
• The Commissioner took position on Bill C-13, submitted briefs and appeared before the House of Commons standing Committee on Official Languages (LANG), as well as the Senate Standing Committee on Official Languages (OLL), during the parliamentary process leading up to Royal Assent of Bill C-13.
• The new powers in the OLA are in response to the following recommendations made by the Commissioner in his first modernization submission and in his 2018 parliamentary appearances:
o That the OLA 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. More specifically, the document proposes the addition of the power to impose AMPs, accompanied by the power to enter into binding agreements with federal institutions subject to the OLA, as well as the establishment of a fund for linguistic duality.

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