An Act for the Substantive Equality of Canada’s Official Languages (S.C. 2023, c. 15)
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Assented to 2023-06-20
PART 1R.S., c. 31 (4th Supp.)Official Languages Act (continued)
Amendments to the Act (continued)
12 (1) Subsection 20(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) the decision, order or judgment has precedential value; or
(2) Subsection 20(2) of the Act is replaced by the following:
Marginal note:Decisions, orders and judgments available in both official languages at different times
(2) A decision, order or judgment issued by a federal court, including any reasons given for it, shall be issued first in one of the official languages and then, at the earliest possible time, in the other official language, with each version to be effective from the time the first version is effective, if
(a) it is a final decision, order or judgment that is not required under subsection (1) to be made available simultaneously in both official languages; or
(b) the decision, order or judgment is required to be made available simultaneously in both official languages under paragraph (1)(a) or (a.1) but the court is of the opinion that to make the decision, order or judgment, including any reasons given for it, available simultaneously in both official languages would occasion a delay prejudicial to the public interest or resulting in injustice or hardship to any party to the proceedings leading to its issuance.
12.1 Subsection 23(1) of the Act is replaced by the following:
Marginal note:Travelling public
23 (1) For greater certainty, in addition to the duty set out in section 22, every federal institution that provides services or makes them available to the travelling public has the duty to ensure that any member of the travelling public can communicate with and obtain those services in either official language from any office or facility of the institution in Canada or elsewhere where there is significant demand for those services in that language.
12.2 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:
Marginal note:Presumption
(2) For the purpose of subsection (1), the other person or organization is presumed to provide or make available services on behalf of the federal institution if
(a) the federal institution exercises sufficient control over the other person or organization; or
(b) the other person or organization implements a program or legislative regime for which the federal institution is responsible.
Marginal note:For greater certainty
(3) For greater certainty, a mere financial contribution by the Government of Canada to another person or organization is not sufficient to trigger the application of subsection (1).
13 Section 33 of the French version of the Act is replaced by the following:
Marginal note:Règlements
33 Le gouverneur en conseil peut, par règlement, prendre les mesures d’incitation qu’il estime nécessaires pour favoriser activement les communications avec les institutions fédérales — autres que le Sénat, la Chambre des communes, la bibliothèque du Parlement, le bureau du conseiller sénatorial en éthique, le bureau du commissaire aux conflits d’intérêts et à l’éthique, le Service de protection parlementaire ou le bureau du directeur parlementaire du budget — et la prestation par elles de services dans les deux langues officielles, si elles sont tenues de pourvoir ces communications et services dans ces deux langues au titre de la présente partie.
14 Section 34 of the Act is replaced by the following:
Marginal note:Definition of employee
33.1 In this Part, employee includes an employee who represents the employer, a person who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience and a person who has been placed by a temporary help agency.
Marginal note:Rights relating to language of work
34 (1) English and French are the languages of work in all federal institutions, and employees of all federal institutions have the right to use either official language in accordance with this Part.
Marginal note:Deputy ministers and associate deputy ministers
(2) A person appointed by the Governor in Council to the position of deputy minister or associate deputy minister or a position of an equivalent rank in a department named in Schedule I to the Financial Administration Act shall, on their appointment, take the language training that is necessary to be able to speak and understand clearly both official languages.
15 Paragraph 35(1)(a) of the Act is replaced by the following:
(a) within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed, work environments of the institution are conducive to the effective use of both official languages and accommodate the use of either official language by its employees; and
16 (1) Paragraph 36(1)(a) of the Act is replaced by the following:
(a) make available in both official languages to employees of the institution
(i) services that are provided to employees, including services that are provided to them as individuals and services that are centrally provided by the institution to support them in the performance of their duties, and
(ii) regularly and widely used documentation or other work instruments produced by or on behalf of that or any other federal institution;
(2) Paragraph 36(1)(b) of the English version of the Act is replaced by the following:
(b) ensure that regularly and widely used computer systems acquired or produced by the institution on or after January 1, 1991 can be used in either official language; and
(3) Paragraph 36(1)(c) of the Act is replaced by the following:
(c) ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages, managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities; and
(d) ensure that any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.
(3.1) Paragraph 36(1)(c) of the Act is replaced by the following:
(c) ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages,
(i) managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities, and
(ii) employees are supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position; and
(4) Subsection 36(2) of the Act is replaced by the following:
Marginal note:Additional duties
(2) Every federal institution has the duty to ensure that, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), the measures that can reasonably be taken are taken in addition to those required under subsection (1) to establish and maintain work environments of the institution that are conducive to the effective use of both official languages and accommodate the use of either official language by its employees.
(5) Section 36 of the Act is amended by adding the following after subsection (2):
Marginal note:Acquired rights
(3) Nothing in subparagraph (1)(c)(ii) abrogates or derogates from the right of a person to hold a position or carry out managerial or supervisory responsibilities in a federal institution if they held that position or carried out those responsibilities in the institution immediately before the coming into force of that subparagraph.
17 Section 37 of the Act is replaced by the following:
Marginal note:Special duties
37 Every federal institution that has authority to direct, or provides services to, other federal institutions has the duty to ensure that it exercises its powers and carries out its duties in relation to those other institutions in a manner that accommodates the use of either official language by employees of those institutions.
18 (1) Paragraphs 38(1)(a) and (b) of the Act are replaced by the following:
(a) prescribing, in respect of any part or region of Canada or any place outside Canada,
(i) any services, documentation or other work instruments that those institutions are to make available to their employees in both official languages,
(ii) any computer systems that must be available for use in both official languages, and
(iii) any supervisory or managerial responsibilities that are to be carried out by those institutions in both official languages;
(b) prescribing any other measures that are to be taken, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), to establish and maintain work environments of those institutions that are conducive to the effective use of both official languages and accommodate the use of either official language by their employees;
(2) Subparagraph 38(2)(a)(i) of the Act is replaced by the following:
(i) the number and proportion of English-speaking and French-speaking employees who constitute the work force of federal institutions based in the parts, regions or places prescribed,
19 Subsection 39(2) of the Act is replaced by the following:
Marginal note:Employment opportunities
(2) In carrying out the commitment of the Government of Canada under subsection (1), federal institutions shall ensure that employment opportunities are open to both English-speaking Canadians and French-speaking Canadians, taking into account the purposes and provisions of this Act.
20 Section 40 of the Act is replaced by the following:
Marginal note:Regulations
40 The Governor in Council may make regulations for the purposes of this Part.
21 The heading of Part VII and sections 41 and 42 of the Act are replaced by the following:
Advancement of Equality of Status and Use of English and French
Marginal note:Commitment — enhancing vitality of communities and fostering English and French
41 (1) The Government of Canada is committed to
(a) enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society; and
(b) fostering the full recognition and use of both English and French in Canadian society.
Marginal note:Commitment — protection and promotion of French
(2) The Government of Canada, recognizing and taking into account that French is in a minority situation in Canada and North America due to the predominant use of English, is committed to protecting and promoting the French language.
Marginal note:Commitment — learning in minority language
(3) The Government of Canada is committed to advancing formal, non-formal and informal opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education.
Marginal note:Commitment — section 23 of the Canadian Charter of Rights and Freedoms
(4) The Government of Canada shall estimate periodically, using the necessary tools, the number of children whose parents have, under section 23 of the Canadian Charter of Rights and Freedoms, the right to have their children receive their instruction in the language of the English or French linguistic minority population of a province or territory, including the right to have them receive that instruction in minority language educational facilities.
Marginal note:Duty of federal institutions — positive measures
(5) Every federal institution has the duty to ensure that the commitments under subsections (1) to (3) are implemented by the taking of positive measures.
Marginal note:Positive measures
(6) Positive measures taken under subsection (5)
(a) shall be concrete and taken with the intention of having a beneficial effect on the implementation of the commitments under subsections (1) to (3);
(b) shall respect
(i) the necessity of protecting and promoting the French language in each province and territory, taking into account that French is in a minority situation in Canada and North America due to the predominant use of English, and
(ii) the necessity of considering the specific needs of each of the two official language communities of Canada, taking into account the equal importance of the two communities; and
(c) may include measures, among others, to
(i) promote and support the learning of English and French in Canada,
(ii) foster an acceptance and appreciation of both English and French by members of the public,
(iii) induce and assist organizations and institutions to project and promote the bilingual character of Canada in their activities in Canada or elsewhere,
(iii.1) restore and increase the demographic weight of French linguistic minority communities,
(iv) support the creation and dissemination of information in French that contributes to the advancement of scientific knowledge in any discipline, and
(v) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities, including the culture, education — from early childhood to post-secondary education — health, justice, employment and immigration sectors, and protect and promote the presence of strong institutions serving those communities.
Marginal note:Potential to take positive measures and negative impacts
(7) In carrying out its mandate, every federal institution shall, on the basis of analyses,
(a) consider whether positive measures could potentially be taken under subsection (5);
(a.1) subject to the regulations, take the necessary measures to promote, when negotiating agreements with the provincial and territorial governments, including funding agreements, that may contribute to the implementation of the commitments under subsections (1) to (3), the inclusion in those agreements of provisions establishing the parties’ duties under the agreements respecting official languages; and
(b) consider the possibilities for avoiding, or at least mitigating, the direct negative impacts that its structuring decisions may have on the commitments under subsections (1) to (3).
Marginal note:Dialogue and consultation activities, research and evidence-based findings
(8) The analyses referred to in subsection (7) shall be founded, to the extent possible, on the results of dialogue and consultation activities, on research and on evidence-based findings.
Marginal note:Objective of dialogue and consultation activities
(9) The objective of the dialogue and consultation activities carried out for the purposes of subsection (8) is to permit the priorities of the English and French linguistic minority communities and other stakeholders to be taken into account, including in relation to the duty under paragraph (7)(a.1).
Marginal note:Dialogue and consultation activities
(9.1) In carrying out this objective, every federal institution shall
(a) gather relevant information;
(b) seek the opinions of English and French linguistic minority communities and other stakeholders about the positive measures that are the subject of the consultations;
(c) provide the participants with relevant information on which those positive measures are based;
(d) openly and meaningfully consider their opinions; and
(e) be prepared to alter those positive measures.
Marginal note:Evaluation and monitoring mechanisms
(10) Every federal institution shall establish evaluation and monitoring mechanisms in relation to the positive measures taken under subsection (5) and in relation to the duty under paragraph (7)(a.1). For greater certainty, these mechanisms shall take into account the obligations set out in subsections 41(7) to (9) and the provisions with respect to dialogue and consultation activities.
Marginal note:Publication
(10.1) Subject to subsections (10.2) and (10.3) and the regulations, every federal institution that is a party to an agreement referred to in paragraph (7)(a.1) that includes provisions referred to in that paragraph shall cause the agreement to be published on the Internet or by any other means the institution considers appropriate.
Marginal note:Publication not required
(10.2) The federal institution is not required to cause the agreement to be published, in whole or in part, in the case where, if Part 1 of the Access to Information Act applied to the institution and in dealing with a request for access to the agreement, the institution could under that Part refuse to disclose the agreement, in whole or in part, for a reason that is set out in that Part.
Marginal note:Publication not permitted
(10.3) The federal institution shall not cause the agreement to be published, in whole or in part, in the case where, if Part 1 of the Access to Information Act applied to the institution and in dealing with a request for access to the agreement, the institution would be required under that Part to refuse to disclose the agreement, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the agreement.
Marginal note:Regulations
(10.4) The Governor in Council may, on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage, make regulations in respect of the duties of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer — under paragraph (7)(a.1) and subsection (10.1), including regulations
(a) prescribing the manner in which those duties are to be carried out and reported on; and
(b) respecting the content of the provisions referred to in paragraph (7)(a.1).
Marginal note:Regulations
(11) The Governor in Council may, on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage, make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, prescribing the manner in which any duties of those institutions under this Part are to be carried out.
Marginal note:For greater certainty
(12) For greater certainty, the express powers, duties and functions of certain ministers of the Crown provided for in this Part do not limit the duties of federal institutions under this Part.
Marginal note:Disposal strategy — considerations
41.1 (1) In developing a disposal strategy for a surplus federal real property or a federal immovable, every department and supporting federal institution shall take into account the needs and priorities of the English or French linguistic minority communities of the province or territory where the federal real property or federal immovable is located.
Marginal note:Consultations
(2) In taking into account the needs and priorities under subsection (1), departments shall consult English or French linguistic minority communities and other stakeholders, including school boards or commissions.
Marginal note:Commitment — bilingualism and promoting French abroad
42 (1) The Government of Canada is committed to advancing the use of English and French in the conduct of Canada’s external affairs and to promoting French as part of Canada’s diplomatic relations.
Marginal note:Implementation
(2) The Minister of Foreign Affairs shall implement the commitment under subsection (1).
Marginal note:Recognition — Canadian Broadcasting Corporation
42.1 The Government of Canada recognizes that the Canadian Broadcasting Corporation, in carrying out its purposes under the Broadcasting Act in accordance with the licences issued to it under that Act by the Canadian Radio-television and Telecommunications Commission and subject to any applicable regulations of that Commission, contributes through its activities to enhancing the vitality of the English and French linguistic minority communities in Canada and to the protection and promotion of both official languages. This recognition is made while respecting the freedom of expression and the journalistic, creative and programming independence enjoyed by the Canadian Broadcasting Corporation.
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