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)
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.
22 (1) The portion of subsection 43(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Special mandate of Minister of Canadian Heritage
43 (1) The Minister of Canadian Heritage shall advance the equality of status and use of English and French in Canadian society, and to that end may take measures to
(1.1) Paragraphs 43(1)(b) to (g) of the Act are replaced by the following:
(b) support the development and promotion of francophone culture in Canada, including through the activities of entities for which that Minister is responsible and by ensuring that the Government of Canada’s cultural policies are consistent with the purpose of this Act;
(c) provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases of national significance to be brought before the courts to clarify and assert constitutional and quasi-constitutional official language rights;
(d) encourage and assist provincial and territorial governments to support the development of English and French linguistic minority communities generally and, in particular, to offer provincial, territorial and municipal services in both English and French and to provide opportunities for members of English or French linguistic minority communities to be educated in their own language;
(e) encourage and assist provincial and territorial governments and non-profit organizations to provide opportunities for everyone in Canada to learn both English and French and to foster an acceptance and appreciation of both English and French by members of the public;
(f) induce the business community, labour organizations, non-profit organizations and other organizations or institutions to provide services in both English and French and to foster the recognition and use of those languages;
(g) implement programs in support of official languages; and
(2) Subsection 43(2) of the Act is replaced by the following:
Marginal note:Consultation and information to public
(2) The Minister of Canadian Heritage shall take such measures as that Minister considers appropriate to ensure public consultation in the development of policies and review of programs relating to the achievement of the equality of status and use of English and French in Canadian society and shall provide information to the public relating to those policies and programs.
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