Backgrounder: Modernizing the Official Languages Act

The adoption of Bill C-13 means that new powers are now available to the Commissioner of Official Languages to better enforce the Official Languages Act. These powers will be phased in gradually. Bill C-13 also enacts the Use of French in Federally Regulated Private Businesses Act.

Addition of reasons for refusing to open or continue an investigation

In addition to the existing reasons, the Commissioner will have at his disposal new reasons for refusing to investigate a complaint:

  • it is trivial;
  • it is frivolous, vexatious or made in bad faith;
  • it does not constitute a contravention of the Official Languages Act;
  • it does not fall within his authority;
  • [New] it was not filed within a reasonable timeframe after the incident occurred;
  • [New] he has already issued an investigation report on the same subject;
  • [New] the federal institution has already taken corrective action to address the problem; or
  • [New] if he has entered into a compliance agreement with the relevant federal institution in response to a complaint on the same subject.

This new power will be implemented as soon as possible.

Mediation

During the investigation, the Commissioner may now offer the person who filed the complaint and the federal institution the opportunity to participate in a mediation process to resolve a complaint.

One of the many benefits of mediation is that it allows the parties to find a mutually acceptable solution to the issues raised in the complaint. In addition, the mediation process allows for faster concrete results.

The Office of the Commissioner has been actively working to establish a mediation process that will be available as soon as possible.

Compliance agreement

By entering into a compliance agreement, the federal institution accepts the terms and conditions of the agreement and is therefore legally bound to comply with them, as opposed to the recommendations made in an investigation report.
This new power will be made available to the Commissioner as soon as possible.

Orders

At the end of an investigation that relates exclusively either to communications with and services to the public or to language of work, the Commissioner may, if he has reasonable grounds to believe that a federal institution has contravened the Act and that he has made recommendations as part of his investigation report, formally order the institution to take any action he considers necessary to remedy the contravention identified.

Unlike a compliance agreement, which requires an agreement between the Commissioner and the federal institution cited in the complaint, an order is made unilaterally by the Commissioner. In an order, the Commissioner may require the federal institution to take action to correct the contravention of the Act as a court would in a judgment.

Orders apply only to complaints about events that:

  • occurred after the passage of Bill C-13; or
  • are still ongoing—that is, cases where the contravention has been confirmed as still existing after the passage of Bill C-13.

Administrative monetary penalty

At the end of an investigation that relates exclusively to communications with and services to the public provided by certain designated institutions that operate in the transportation field and serve the travelling public, the Commissioner may decide to impose an administrative monetary penalty on the institution cited in the complaint. The purpose of imposing a penalty is not to punish the institution, but rather to promote compliance with the Official Languages Act.

The amount of the penalty will depend on several criteria and may be up to a maximum of $25,000.

This new power will not come into force until an order in council is issued by the Governor in Council and regulations are adopted. This means that the Commissioner cannot use this power at this time.

Use of French in Federally Regulated Private Businesses Act

Bill C-13 enacts the Use of French in Federally Regulated Private Businesses Act. The purpose of this Act is to protect the language rights of Francophone consumers as well as those employed by private companies under federal jurisdiction in Quebec and, eventually, in regions with a strong Francophone presence outside Quebec.

The Use of French in Federally Regulated Private Businesses Act entrusts the Commissioner with the mission of ensuring the recognition and respect of the rights set out therein. As part of this mission, the Commissioner will be able to investigate complaints he receives or, in some cases, on his own initiative.

However, this Act will not come into force until an order is issued by the Governor in Council and regulations are adopted.