Question Period Note: Strengthening the Powers of the Treasury Board

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, adopted on June 20 2023, strengthens the role and powers of the Treasury Board.
• From now on, the Treasury Board must establish policies and can recommend regulations on "positive measures" in consultation with the minister of Canadian Heritage to help federal institutions meet their obligations.
• The modernized Act also strengthens 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 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) makes the following governance changes:
o The Treasury Board (TB) must now monitor, audit and evaluate the effectiveness of policies and programs arising from the implementation of Parts IV, V, VI, section 41(5) (positive measures) and paragraph 41(7)(a.1) (linguistic clauses) of the Act. 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.
o The government-wide coordination role for the implementation of the OLA is assigned to the President of TB.
o TB will be responsible for establishing and monitoring policy instruments for the adoption of positive measures by federal institutions.
o The Minister of Canadian Heritage develops and maintains, in consultation with the President of the Treasury Board, a government-wide strategy that sets out key priorities for official languages.
o The Minister of Canadian Heritage continues to take measures to promote the implementation of the commitments set out in Part VII, as indicated in section 43(1).
o On the recommendation of the Treasury Board, made after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing the manner in which the obligations imposed on these federal institutions by Part VII of the OLA are to be carried out.
• These changes 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 recognizes 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 Progress towards substantive equality and use of French and English (Part VII).
• The OLA gives a legislative mandate to the TB and the Minister of PCH:
o TB, supported by its Treasury Board Secretariat (TBS), 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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