Question Period Note: The modernized Official Languages Act and language of work in the federal public service

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 and sets out new obligations regarding language of work in the federal public service.

• The Government of Canada must show leadership and be exemplary in implementing the modernized Act. That's why we're committed to promoting and increasing bilingualism in the public service.
• The modernized Act proposes a series of new powers for the Commissioner of Official Languages to ensure compliance by federal institutions subject to the Act, including the ability to issue language-of-work orders.
• The Official Languages Reform also contains administrative measures to strengthen bilingualism in the public service, such as those related to language training, recruitment, and to translation and interpretation functions.

• 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 stipulates that individuals appointed to the positions of deputy minister, associate deputy minister or equivalent level in departments listed in Schedule I of the Financial Administration Act are required to undergo language training to "have the ability to speak and understand both official languages clearly".
o While this provision is effective immediately, individuals who were already in their current position at the time of implementation may remain so. It therefore applies to new appointments.
• Deputy Ministers are appointed at the discretion of the Governor in Council and are not subject to the same second language evaluation requirements as federal public servants appointed under the Public Service Employment Act. Another condition of their employment as Governor in Council appointees is the obligation to support and promote the objectives of the Official Languages Act by fostering the use of both official languages in their federal institution.
• For supervisory and management positions, the modernized Act includes new obligations that will come into effect 2 years after Royal Assent, including :
o that in designated bilingual regions, public servants have the right to be supervised in the official language of their choice, regardless of the linguistic profile of their position.
o that managers and supervisors be able to communicate with employees in both official languages, regardless of the linguistic profile of the employee's position.
o that individuals in their current position at the time this change comes into effect may remain in that position.
• A technical change is made to the term "employee" so that it does not include contract agents.
• On January 10, 2023, the Commissioner of Official Languages (the Commissioner) announced that a follow-up to the recommendations made in his report “Implementing Section 91 of the Official Languages Act: A Systemic Problem” will be conducted in the coming months.
• His report made two recommendations: the first requiring the Treasury Board to review its policies and tools for establishing the language requirements of positions, taking into consideration problems raised in this report and the needs expressed by federal institutions; and to carry out, in collaboration with the Canada School of Public Service, a review of the training offered by the latter on section 91 of the Official Languages Act to ensure that the offer is adequate ( number, content and target audiences) based on the needs identified in this report. The second recommendation targets federal institutions so that they make employees aware of their obligations under section 91 and establish consistent tools and procedures related to its implementation.
• In May 2022, Radio-Canada reported that Francophones are less well represented in the senior positions in the federal public service. According to the article, while Francophones in the public service represent 31 per cent of the workforce, they occupy only 19 per cent of deputy minister or associate deputy minister positions, which is lower than the 23 per cent representation of Francophones across the country.
• In January 2021, the Commissioner published results of a study on language insecurity that prevails in the federal government workplace, in terms of both the use by second- language public servants and first-language use by Francophone public servants.

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