Question Period Note: Part VII of the Official Languages Act – Advancement of English and French

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 Act makes significant improvements to Part VII of the Act.

• Changes brought to Part VII of the modernized Act are those that most directly impact the development of official language minority communities and the advancement of the two official languages in Canadian society.
• The modernized Act includes new commitments to protect and promote the French language, ensure quality lifelong learning in the minority language, and periodically estimate rights holders. It also clarifies the nature, scope, and process for taking positive measures to support the substantive equality of English and French in Canadian society.
• In addition to the legislative changes adopted, our government is working on new regulations to provide more clarity on how departments and federal institutions can take positive measures to mitigate the impact of their policies and programs on the vitality of official language minority communities.

• 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 Act makes significant improvements to Part VII of the Act.
• The modernized Act consolidates Part VII by clarifying the issue of positive measures to provide a better framework for federal institutions. It establishes new commitments for the federal government and new enhancements to increase the prescriptive nature of positive measures:
o Enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development, in recognition of their unique and diverse character, as well as of their historical and cultural contributions to Canadian society.
o Recognizing that French is in a minority situation in Canada and North America due to the predominant use of English, protect and promote French.
o Strengthening quality life-long learning opportunities for English and French minorities in their own language.
o Contributing periodically to estimating the number of rights-holders to minority-language education (a provincial/territorial responsibility guaranteed by the Canadian Charter of Rights and Freedoms).
• To better define the notion of positive measures, the modernized Act increases the prescriptive nature of positive measures. For example, it specifies that positive measures must be concrete, that they may also promote and support the learning of French, and finally, that they may foster public acceptance and appreciation of both official languages. In addition, positive measures may also support sectors essential to the vitality of the English and French linguistic minorities, such as culture, education, health, justice, employment and immigration, and to protect and promote the presence of strong institutions that serve these minorities.
• The modernized Act clarifies the process leading to the taking of positive measures by federal institutions, basing their analyses on dialogue and consultation activities, research and evidence, when making structural decisions that could have an impact on both official language communities across the country.
• In addition, the strengthened Part VII in the modernized Act sets out specific obligations or enhanced roles for certain ministers:
o The mandate of the Minister of Canadian Heritage is enhanced or strengthen by including, among other things, the notion of promoting Francophone culture in Canada, particularly through the activities of portfolio agencies for which he or she is responsible.
o The Minister of Foreign Affairs must take measures to foster bilingualism and the promotion of French abroad.
o The Minister of Immigration, Refugees and Citizenship must adopt a Francophone immigration policy to enhance the vitality of Canada's Francophone minorities, including objectives, targets, and indicators.
• The modernized Act also recognizes the importance of cooperation with the provinces and territories in the implementation of Part VII, given the diversity of provincial and territorial language regimes.
• The modernized Act also specifies that regulation is needed to determine the framework for positive measures to be taken by federal institutions relating to Part VII of the OLA. More specifically, the regulation will:
o Establish the terms and conditions concerning the obligation of federal institutions to take positive measures and the impact of their decisions on the promotion of linguistic duality and the vitality of official language minority communities; and
o Establish terms and conditions and govern the provisions relating to the obligation to include language clauses in agreements with the provinces and territories.
• The Treasury Board will be responsible for the Part VII application principles for federal institutions, as well as for monitoring and evaluating compliance with their obligations to take positive measures.

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