Question Period Note: Official languages in federally regulated private business in Quebec and in regions with a strong Francophone presence

On March 1st, 2022, the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency tabled Bill C-13 An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Businesses Act and to make related amendments to other Acts in the House of Commons. This Bill provides for, among other things, the creation of a new law to register new rights to work and obtain services in French in some federally regulated private businesses in Quebec and in regions with a strong Francophone presence to be defined.

• The Government of Canada recognizes that the private sector has a role to play in supporting the substantive equality of the two official languages.
• Bill C-13 proposes to enshrine in law new rights to work and obtain services in French in federally regulated private businesses in Quebec and in regions with a strong Francophone presence.
• Our Government is committed to better supporting the French language, while protecting the language rights of all Canadians, including those of English-speaking communities in Quebec.

• On March 1, 2022, the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency tabled Bill C-13 An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Businesses Act and to make related amendments to other Acts in the House of Commons. This Bill provides, among other things, the creation of a new law, Use of French in Federally Regulated Private Businesses Act (FRPB), to register new rights to work and obtain services in French in federally regulated private businesses (FRPBs) in Quebec and in regions with a strong francophone presence.
• To better support the French language throughout Canada, including in Quebec, the Government of Canada proposes measures that aim to create new obligations for FRPBs in the FRPB Act. This new law will guarantee the right to work and obtain service in French in FRPBs in Quebec and in regions with a strong francophone presence. The size of the FRPBs that will be subject to FRPB Act and the definition of designated regions with a strong francophone presence will be set out in regulation. Exemptions and special rules are also planned for certain sectors such as broadcasting, due to, for example, intellectual property rights in connection with an international standard, or the conduct of interprovincial or international business, among other considerations.
• In addition, on May 13, 2021, the Quebec government unveiled its reform of the Charter of the French Language (the Charter) and its resulting bill, Bill 96, was assented June 1, 2022. The later calls for, among other things, the application of the Charter to businesses in Quebec with 25 or more employees and provides for recourse against retailers who refuse to serve their customers in French. It also proposes several changes with respect to French as a language of work, including obligations for employers to ensure that the right of employees to work in French is respected.
o Article 89.1 of the modernized Charter provides for a new section that "Nothing in this Act may be construed so as to prevent its application to any enterprise or employer carrying on business in Quebec. Although FRPBs are not explicitly named, such a provision could have the effect of applying to FRPBs.
• In addition, in the wake of recent controversies surrounding Air Canada and the Canadian National Railway (CN), the Quebec government has indicated its willingness to apply the Charter to FRPBs in Quebec. To this end, on July 15, 2022, the Office québécois de la langue française sent a letter to businesses in Quebec, including those governed by the Official Languages Act (OLA), notably VIA Rail, asking them to provide the number of employees of their company and the name of a contact person responsible for the implementation of the Charter.
• The federal government has exclusive federal jurisdiction over labour relations and language of work for FRPBs. The Government of Canada already regulates FRPBs through various laws, regulations and policy instruments in several areas, such as accessibility, competition and telecommunications. However, at this time, it still did not impose any requirements on the use of official languages as a language of service and work for them, with the exception of certain entities currently subject to the OLA (e.g. Air Canada, CN and airport authorities).
• In Quebec, there are approximately 3,700 FRPBs, which employ almost 187,700 people, or about 4% of the province's employees. Of these, approximately 320 (8.6%) have more than 50 employees. There are 62,400 Quebecers who work in FRPBs that are not subject to the OLA, have more than 50 employees, and are not voluntarily subject to the Charter. These Quebecers represented only 1.4 percent the workforce in Quebec in 2019.
• The new rights introduced by the Government of Canada’s Bill would give employees of a FRPB that are covered, among other things, the right to work and be supervised in French, receive communications in French, and use commonly used work instruments and computer systems in French.
o As a principle, C-13 recognizes the specific linguistic dynamics of other jurisdictions, including those of the provinces, and gives Quebec FRPB the choice of being subject to the Charter or to the FRPB Act. Entities subject to the OLA will not have the same choice.
o The FRPB Act provides for the possibility, under certain conditions, of entering into a bilateral agreement with the Government of Quebec to allow the two systems to co-exist.
o The possibility for FRPB to voluntarily opt into the Charter only takes effect if the FRPB gives notice, in accordance with the regulations, of the date on which the Charter will begin to apply to it or the date on which it will cease to apply.

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