Better Understanding Section 91 of the Official Languages Act (2024)
Equitable language requirements – What is Section 91?
Section 91 of the Official Languages Act stipulates that bilingualism requirements for positions must be defined objectively and in accordance with what is required to perform the functions of the position, while respecting language rights.
The language requirements of positions in Canadian federal institutions must not be established arbitrarily. They are designed to safeguard fundamental language rights:
- For the public: To obtain services and communications in the official language of their choice
- For federal public servants: To exercise their right to work in the official language of their choice in designated bilingual regions
- For institutions: To ensure full compliance with language obligations
Positive impact
Objectively establishing the language requirements of a position directly benefits:
Federal public servants
- Ensures greater respect for the right to be supervised in the official language of their choice in designated bilingual regions
- Provides equitable access to administrative and support servicesof equal quality in English and French in designated bilingual regions
- Fosters an inclusive work environment that is more conducive to the use of both official languages and promotes language security
Members of the public who receive services from federal institutions
- Helps to ensure access to federal government services and communications in the official language of their choice
- Helps to ensure that services provided by federal institutions are of equal quality in both official languages
Let’s get to work!
How can federal institutions ensure compliance with Section 91?
- Raise awareness and provide training:
- Promote the importance of section 91 and its positive impact on employees
- Provide specialized training for managers and human resources officers
- Establish appropriate policies and procedures:
- Establish policies and procedures that take into account the language requirements of positions
- Review these internal guidelines regularly to correct any shortcomings
- Ensure consistent implementation:
- Make sure that managers understand the policies and procedures and can apply them properly
- Review the language requirements of positions regularly to ensure that they reflect any changes in the functions to be performed
- Take advantage of available tools:
- Consult the employees responsible for official languages when establishing the language requirements of positions
- Use the Office of the Commissioner of Official Languages’ Tool for the Linguistic Identification of Positions
- Develop or adapt internal tools to promote improved compliance