Question Period Note: Roles and responsibilities of PCH and TB in Official Languages

On June 20, 2023, Bill C-13 - An Act to amend the Official Languages Act, to enact An Act respecting the use of the French language in private enterprises under federal jurisdiction and to make related amendments to other Acts received Royal Assent. The modernized Act redistributes the roles and responsibilities of official languages governance within the federal government.

• The modernized Act clarifies and strengthens the roles of the Treasury Board and of Canadian Heritage to ensure a government-wide governance and compliance.
• The Treasury Board will continue to monitor how well all federal institutions are respecting their official languages obligations related to services, language of work as well as measures taken to promote the vitality of official language minority communities.
• The Minister responsible for Official Languages will continue to promote the equal status and use of English and French in Canadian society, and to lead government-wide strategies for official languages, encouraging federal partners to work together to take positive measures aligned with the needs of official language communities.

• On June 20, 2023, Bill C-13 - An Act to amend the Official Languages Act, to enact An Act respecting the use of French within federally regulated private businesses and to make related amendments to other Acts received Royal Assent.
• The changes brought about by the modernized Act clarify the ministers’ roles and foster greater collaboration between them, ensure greater involvement of a central agency in the governance of official languages, and promote greater compliance by federal institutions.
Role of the President of the Treasury Board (TB):
• Now responsible for taking a lead role in implementing the Act;
• Coordinates, in consultation with other federal ministers, the implementation of the Act, including the commitments set out in subsections 41(1) to (3), and ensures its good governance.
Role of the Treasury Board
• Shall establish principles of application (policies and directives) for the parts for which it is responsible (communications and services to the public (Part IV), language of work (Part V) and equitable participation of English and French-speaking Canadians (Part VI));
• Shall establish application principles (policies and directives), in consultation with the Minister of Canadian Heritage, with regard to positive measures and language clauses;
• Monitor and verify federal institutions' compliance with policies, directives and regulations, and evaluate the effectiveness of federal institutions' policies and programs;
• Shall inform the public and employees of federal institutions of the principles of application (policies and directives) of the parts for which it is responsible (communications with and services to the public (Part IV), language of work (Part V) and equitable participation of English-speaking and French-speaking Canadians (Part VI)); and
• Shall inform employees of federal institutions of the principles of application (policies and directives) with respect to the positive measures set out in subsection 41(5) (positive measures) and paragraph 41(7)(a.1) (language clauses).
The role of the Minister of Canadian Heritage (PCH):
• The specific official languages responsibilities of the Minister of Canadian Heritage have been assigned by Order-in-Council to the Minister of Employment, Labour Development and Official Languages.
• The Minister is mandated to advance the equality of status and use of English and French in Canadian society (section 43), and may take measures to this end.
• Develops and maintains, in consultation with the President of TB, a government-wide official languages strategy that sets out key official languages priorities, and ensures that it is tabled in Parliament and made available to the public. This strategy must be developed in close collaboration with other federal ministers.
• Must be consulted by TB to establish the terms and conditions for carrying out the obligations imposed on federal institutions by Part VII of the Act.
• Must be consulted by TB on the principles of application with respect to positive measures and language clauses.
• Must inform Canadians about the principles and programs that foster the promotion and achievement of the equality of status and use of English and French in Canadian society.
• Reports annually to Parliament on matters relating to its official languages mandate.
• Establishes a process for the federal government to implement the commitment set out in subsection 41(4) (the estimation of rights holders).
• On the tenth anniversary of the coming into force of the modernized Act, and every ten years thereafter, conducts, in consultation with the President of the TB, a review of the provisions and application of the Act.
• He is the sole Minister responsible for the Act respecting the use of the French language in private businesses under federal jurisdiction. The TB Secretariat plays no role under this Act.
• As a federal institution, Canadian Heritage has an obligation to take positive measures to promote the implementation of the commitments set out in Part VII of the Act.
• One of the responsibilities of the Department of PCH includes coordinating government-wide strategies for official languages, such as the Action Plan for Official Languages 2023-2028.

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