Question Period Note: Bill C-13 and language of work in the federal public service

In May 2022, the press reported on the under-representation of Francophones in the senior federal public service. Some stakeholders, such as the unions representing civil servants, have found that Bill C-13 does not sufficiently address the issue of language of work in the federal public service. There are recurring compliance issues that result in numerous complaints to the Commissioner of Official Languages. In addition, there are calls for an increase in the bilingualism bonus from, $800 to $1,500.

• The Government of Canada is committed to promoting and enhancing bilingualism in the public service, which must be exemplary in its implementation of the Official Languages Act.
• The official languages reform contains several administrative measures to strengthen bilingualism in the public service, including measures related to language training, language requirements for positions, recruitment, and translation and interpretation functions.
• Our Bill proposes a continuum of new powers for the Commissioner of Official Languages, including the ability to make orders for obligations related to language of work, a binding power that creates a legal obligation to comply.

• 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 the 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 in order 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, the CBC reported that Francophones are less well represented in the senior federal public service positions. According to the article, while Francophones in the public service as a whole represent 31 per cent of the workforce, they occupy only 19 per cent of deputy minister or associate deputy minister positions, a proportion lower than the weight of Francophones across the country, which is close to 23 per cent.
• The Treasury Board points out that 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. However, one of the conditions 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.
• On February 19, 2021, the Minister of Economic Development and Official Languages unveiled the official languages reform paper, English and French: Towards Substantive Equality of Official Languages in Canada, on the government's vision for a modernized and strengthened Official Languages Act. This document outlines the federal government's intentions for legislative changes, as well as a series of regulatory and administrative measures, including:
o The development of a new second language training framework for the public service that will ensure quality instruction and be tailored to the needs of those taking the training.
o Revising the official language qualification standards and second language evaluation standards, as well as the minimum second language requirements for bilingual supervisory positions in designated bilingual regions.
o Recognition of a more inclusive application of official language requirements for positions requiring Aboriginal cultural or linguistic competency and for employees with disabilities.
o Strengthening the translation and interpretation functions within the federal government, including that of the Translation Bureau.
• The bilingual bonus is an annual amount of $800, which is paid to employees who occupy a bilingual position and who meet the specific language requirements of their position after being evaluated. The amount of the bonus is set out in the Bilingualism Bonus Directive and any revisions are the responsibility of the National Joint Council, which is a negotiation between the government as employer and the bargaining agents who represent the employees.

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