Departmental Performance Report 2011-2012

Performance Summary and Analysis of Program Activity 1: Protection of Linguistic Rights

In 2011–12 OCOL revised its service standards for investigations and set related performance targets. They are presented here to show how OCOL is improving productivity in its processing of complaints.

As the table above illustrates, OCOL is nearing its targets. For example, 89% (on average) of complaints received were processed by the Complaint Reception Centre and forwarded to an analyst within the three days prescribed by the service standard on reception; the target is 90%. The standard for initial contact with the complainant by the analyst is within two days of the analyst's receipt of the file; this was achieved 80% of the time, the target being 90%. OCOL is using monthly statistics to monitor the targets, as well as the measures being taken to improve the investigative process.

On average only 46% of complaints dealt with through the facilitated resolution process were closed within 90 business days. However, there was a notable improvement in performance from month to month: the percentage rose from 17% at the beginning of the exercise to 64% at the end. This improvement is partly attributable to the implementation of the standards and ongoing staff training.

With regard to the quality of the investigation process, 88% of the files reviewed were complete, the target being 95%. The quality assurance methodology for hard files was revised in March 2012 to clarify certain steps in checking completeness and quality.

As for the implementation of recommendations from investigations, audits and the Annual Report, follow-ups show that institutions did act on certain recommendations, but further follow-up will be done with the institutions that failed to act on recommendations and those that had not finished doing so.

With regard to protecting language rights, OCOL undertook initiatives in support of its organizational priorities, and the table on priorities in Section I of this report shows the principal achievements arising from the organization's work in this regard. Aside from these achievements, OCOL:

• Published in its 2010–11 Annual Report^{Footnote 17} an analysis of how 13 federal institutions fared in meeting their obligations under Part VII of the Act. These institutions were selected because they provide significant funding to Canadians and to volunteer organizations. In most cases, they had little difficulty providing services in both official languages, though active offer in person continued to be a problem. Also, some institutions were open to dialogue with the official language communities and were making efforts to promote community vitality, but others showed a considerable lack of awareness of their obligations in this regard.
• Continued the audit of Industry Canada begun in 2010–11 to determine the extent to which this institution takes account of official language community needs when creating and carrying out its programs. The report will be published in 2012–13.
• Organized meetings with executives of the Canada Border Services Agency (CBSA) and the Canadian Air Transportation Security Authority (CATSA) as part of OCOL's travelling public strategy. Observations were made on site, and meetings were held with CATSA and CBSA staff at certain airports and at certain CBSA land ports of entry in order to make them aware of their language obligations when serving the travelling public.
• Met with certain airport authorities to discuss and clarify their language obligations. In connection with this, the Commissioner contacted the Minister of Transport to articulate his position, following up on the recommendation in his 2010–11 Annual Report that the Minister clarify the language obligations of airport authorities.

Lessons Learned

OCOL made a considerable effort to reduce the number of pending investigations. It conducted three one-week blitzes that helped staff complete work on a significant number of complaints. The initiative to improve productivity will culminate in 2012–13 in the establishment of a quality assurance function for the main compliance assurance activities, i.e., investigations, audits and report cards. This will facilitate an improved understanding of both the results achieved and any corrective steps required. Quality assurance activities will target investigatory processes first.

The selection of federal institutions for audits and report cards is based on OCOL's priorities and on current hot issues in the field of official languages. To make the most of resources and maximize benefits for Canadians, this approach will continue in 2012–13. Notably, 2011–12 also saw OCOL formulate recommendations that were more readily measurable by federal institutions, an approach the Commissioner plans to pursue in 2012–13 to help institutions more fully implement his recommendations.

Performance Summary and Analysis of Program Activity 2: Promotion of Linguistic Duality

OCOL continued to inform parliamentarians about key issues. As a result, OCOL's work was mentioned 38 times in parliamentary reports—far surpassing its annual target of 10 mentions.

Throughout the year, the public, the media and the official language communities as well as federal institutions were informed about their rights and obligations under the Act. All in all, 230 activities are reported on the table above, and there were other activities not mentioned. These activities reached a very large audience and helped increase Canadians' awareness (both Anglophones and Francophones), especially post-secondary students, of the importance of linguistic duality and bilingualism.

In October 2011 OCOL published its 2010–11 Annual Report^{Footnote 24}, which dealt mainly with Part VII of the Act. As intended by the communications strategy for the launch of this report, the media reported the Commissioner's concerns about possible impacts of government budget cuts. There were several reports of the Commissioner's appeal to the federal government to take care that the cuts not affect official languages programs.

The Commissioner delivered speeches to a variety of audiences: majority communities (students, professors, immersion and second-language teachers), public servants, minority communities and others. His six key messages were:

• linguistic duality is truly a Canadian value, not just an administrative requirement;
• bilingualism is essential in management because leaders need to understand the people they are leading and communicate with them;
• both official languages belong to all Canadians and make it possible to build bridges among Canadians;
• in the federal public service, the relationship with the other official language is a matter of respect: for the public, for colleagues and for parliamentarians;
• linguistic duality needs to be seen as a way of giving all Canadians an opportunity to participate in the governance of their country;
• government budget cutbacks should not impact the official languages program.

OCOL stepped up its direct communications with the public, broadening the reach of its existing methods of communication and preparing to make new tools available on-line that will have an even greater impact.

OCOL established a new research framework that will better support its strategic priorities and help make the most of investments in human and financial resources. The organization will develop a three-year research plan in 2012–13. The performance target of one study during the year was achieved.

OCOL reacted rapidly to new issues in the headlines. For example, to reduce the potentially negative fallout of OCOL's evalutaion findings on the ability of Ottawa merchants to provide bilingual service to tourists, the Commissioner gave several interviews to the print and electronic media. He also wrote an opinion piece explaining the usefulness of such a survey. The swiftness and clarity of the Commissioner's response laid the groundwork for a public debate on the value of bilingualism in the national capital, a conversation that went beyond the framework of the evaluation.

With regard to promoting linguistic duality, OCOL undertook initiatives in support of its organizational priorities, and the table on priorities in Section I of this report summarizes the principal achievements arising from the organization's work in this regard. In addition to these achievements, OCOL:

• Held in 2010–11, a positioning day on Part V of the Act (language of work) for social media representatives. Although a second day had been planned in 2011–12, it did not take place due to a lack of resources. Therefore, the second positioning day is being planned for 2012–13 and it will be on Part IV, concerning the use of social media in communications with and services to the public. These positioning days give the organization an opportunity to develop reference tools for its staff so that they will have a better understanding of the application of the Act to the use of social media.
• Began work on a study of the bilingual capacity of provincial and territorial superior court judges, who are selected and appointed by the Government of Canada. The purpose is to obtain a picture of the situation and make recommendations to improve access to justice in both official languages. In order to be representative of the country, the study will look at superior courts and appeal courts in six provinces: Ontario, Quebec, Manitoba, Alberta, New Brunswick and Nova Scotia. As planned, the study will be carried out in 2012–13 and the results will be made public in early 2013–14.
• Organized a discussion forum on the connection between linguistic duality and cultural diversity in Halifax in November 2011. This was a follow-up to the forums held in Toronto in 2007 and in Vancouver in 2008. Its purpose was to extend OCOL's understanding of the relationship between cultural diversity and linguistic duality through active research. The forum identified four major types of action to be undertaken: increase access to language training in both official languages for adult newcomers; develop an information kit for newcomers wishing to settle in the Atlantic region to help them prepare for their arrival in Canada; foster greater cooperation between organizations that provide services to English-speaking newcomers and organizations that provide services to French-speaking newcomers; and make service providers and ethnic communities aware of linguistic duality and promote it to them.

Lessons Learned

The importance and relevance of OCOL's outreach work on linguistic duality come into sharp relief in the current context of public service budget cuts, as federal institutions must make the kinds of difficult choices that could affect their language obligations.

OCOL's activities this year expanded its contact with linguistic majority communities. A presence on Facebook and Twitter, beginning in fall 2012, will allow the organization to communicate with a larger segment of the population.

Finally, although five years have elapsed since the amendments to the Act, federal institutions are still having difficulty understanding and putting into practice their obligations under Part VII.

Performance Summary and Analysis of Program Activity 3: Internal Services

Internal Services support OCOL's first two program activities. In 2011–12 OCOL made progress on its management priority of strengthening its organizational capacity by applying sound management principles and practices in support of its priorities. The table of priorities in Section I of this report shows the principal achievements arising from the organization's work in this regard. Aside from these achievements, OCOL:

Updated its governance mechanisms to enable reporting that takes account of the organization's independent status:

• The integrated planning exercise was improved, as was access to financial and non-financial information, to better inform decision-making and optimize resource allocation. Alignment of planning with financial resources is well under way and this work will continue in 2012–13.
• Pursuant to the Public Servants Disclosure Protection Act, OCOL developed a Code of Conduct based on the one created by the Treasury Board of Canada Secretariat.
• OCOL revised its service standards for investigations. Several performance indicators were closely tracked, using a monthly dashboard for managers and executives.
• Evaluation of the performance measurement framework will be completed in 2012–13.

OCOL's Audit and Evaluation Committee (AEC) produced the fourth annual report of its external members, which noted that over the past five years the organization had made considerable progress in the areas of financial management, risk management and controls. No significant problems were found, but opportunities to improve were pointed out in the following areas: integrated planning practices, parliamentary relations and the Ontario regional pilot project. The AEC looked at progress in implementing the action plans arising from the following internal audits: human resources management practices, IM/IT governance, integrated planning and parliamentary relations.

Developed and implemented an optimization strategy to follow up on the A-base review. The strategy was initiated in 2010–11 to provide full support to the organization's priorities:

• OCOL continued to implement the IM/IT Strategic Plan to the extent that funding allowed. The updating of Module 1, which concerns the management of electronic documents, was an opportunity to update governance instruments and thus improve management of electronic information in accordance with the Directive on Recordkeeping.
• OCOL evaluated and documented certain business processes, leading to several improvements, including a process to track recommendations for investigatory purposes, guidelines for the Complaint Reception Centre, better tools for measuring compliance by federal institutions and other organizations subject to the Act, and rationalization of operations in all three program activities.
• Human Resources Directorate carried out an organizational design exercise in response to the recommendations of the A-base review. Implementation will continue in 2012–13.
• For the eighth consecutive year, OCOL received an unqualified opinion from the Auditor General of Canada after its 2010–11 financial statements were audited.

Lessons Learned

OCOL's Audit and Evaluation Committee provided useful strategic advice about ongoing improvements to management practices and internal controls.

Over the period covered by this report, significant changes continued to occur in the area of information management, with effects on staff work habits. A change implementation strategy and a communications plan, with input from the relevant management teams, have already yielded positive results. This is a long-term effort that recognizes the organization's capacities and limitations and the resources available to bring about the sought-after changes.

In response to the Public Service Commission Entity Audit, in terms of lessons learned, OCOL's Human Resources Directorate created an action plan that will establish an active monitoring function in 2012–13 for all sectors of human resources management.