Action Plan for Official Languages

ANNEX A. OFFICIAL LANGUAGES ACCOUNTABILITY AND COORDINATION FRAMEWORK

1. The framework specifies the enforcement procedures for obligations under Parts I to V, and the commitments set out in Part VI and VII of the Official Languages Act, as well as the responsibilities of each federal institution in that regard, defines the policy coordination mechanisms and the new measures included in the Action Plan, and provides for a common communication strategy adopted on a cross-government basis for all activities.

2. It is noteworthy that the framework in no way alters the obligations and commitments of each federal institution under the Act as a whole, nor the specific mandates assigned by the legislation to certain lead ministers and bodies.

Accountability – Parts I to V

3. Parts I to V of the Act set out the obligations of all federal institutions with respect to proceedings of Parliament, legislative instruments, administration of justice, communications with and services to the public, and language of work. These parts of the Act create rights which give rise, in the event of alleged non-compliance, to court remedy, in addition to administrative and parliamentary remedy.

Enforcement provisions applicable to federal institutions

4. All federal institutions are obviously required to comply with the Act. The institutions listed in Schedules I, I.1 and II of the Financial Administration Act are subject to Treasury Board policies.

5. In particular, they must comply with the administrative policies on Parts IV and V. In addition, some guidelines applicable to official languages have been incorporated into the new Alternative Service Delivery policy (ASD), so as to highlight compliance with the spirit and intent of Parts IV and V of the Act and the Official Languages (Communications with and Services to the Public) Regulations. The other institutions subject to the Act are required to respect the spirit of those policies.

6. Since 1998, the Treasury Board directive “Official Languages Principles for the Preparation and Analysis of Submissions to Treasury Board” has ensured that institutions that make submissions to Treasury Board have analysed the impact of their initiatives on communications with and services to the public and the right of employees to work in their official language of choice.

7. Henceforth, all federal institutions are required to analyse the impact of proposals contained in memoranda to Cabinet on the language rights of Canadians and federal public servants.

8. Departments and agencies cooperate with the Committee of Deputy Ministers on Official Languages (CDMOL), for example by bringing files they deem relevant to its attention, conducting analyses as required and holding relevant consultations in their respective fields.

Role of Treasury Board

9. Part VIII of the Act assigns Treasury Board a general coordination mandate with respect to Parts IV, V and VI. In addition to establishing policies and regulatory measures, it monitors and audits institutions in respect of which it has responsibility, evaluates the effectiveness of policies and programs, and provides information to employees and the public. Treasury Board tables an annual report in Parliament on the fulfilment of its mandate.

Administrative, parliamentary and court remedies

10. In addition to the administrative and parliamentary remedy described below in connection with Part VII, the Act expressly provides a court remedy for alleged non-compliance of sections 4 to 7, 10 to 13 and 91, or Parts IV or V. The Commissioner of Official Languages can apply for the remedy or appear as an intervener. To facilitate access to the court remedy, the Act provides for a summary manner of procedures and special rules of evidence.

Accountability – Part VI

11. Part VI sets out the Government’s solemn commitment to ensuring that English-speaking Canadians and French-speaking Canadians have equal opportunities to obtain employment and advancement in federal institutions, and the composition of the work-force of federal institutions tends to reflect the presence of both the official language communities of Canada. Although this is a policy commitment, this part of the Act is binding on all federal institutions. Through the reports tabled by the President of the Treasury Board, who is mandated to coordinate implementation of Part VI, federal institutions report to Parliament for achieving these objectives.

Enforcement provisions applicable to federal institutions

12. All federal institutions are obviously required to comply with the Act. The institutions listed in Schedules I, I.1 and II of the Financial Administration Act are subject to Treasury Board policies.

13. In particular, they must comply with the administrative policies on Part VI. In addition, some guidelines applicable to official languages have been incorporated into the new Alternative Service Delivery policy (ASD), so as to highlight compliance with the spirit and intent of Part VI. The other institutions subject to the Act are required to respect the spirit of those policies.

Role of Treasury Board

14. Part VIII of the Act assigns Treasury Board a general coordination mandate with respect to Part VI. In addition to establishing policies and regulatory measures, it monitors and audits institutions in respect of which it has responsibility, evaluates the effectiveness of policies and programs, and provides information to employees and the public. Treasury Board tables an annual report in Parliament in this connection.

Administrative and parliamentary remedy

15. Under Part IX, the Commissioner of Official Languages oversees compliance with the commitment set out in Part VI. The Commissioner can hear complaints, carry out investigations, make recommendations, and, after carrying out an investigation, refer the report first to the affected institution, then to the Governor in Council. If action has not been taken thereon, the Commissioner may report thereon to Parliament. The Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner. Parliamentary committees on official languages also have an important oversight role on this government commitment.

Accountability – Part VII

16. Part VII (section 41) sets out the Government’s solemn commitment to advancing English and French in Canadian society, including the development of minority communities. Although this is a policy commitment, this part of the Act is binding on all federal institutions. Through the reports tabled by the Minister of Canadian Heritage, who is mandated to coordinate implementation of Part VII, federal institutions report to Parliament for achieving these objectives.

Enforcement provisions applicable to all federal institutions

17. Every federal institution, as part of its strategic planning, implementing its mandate and policy and program development process, will need to:

    • raise employees’ awareness of the needs of minority official-language communities and the Government’s commitments under Part VII;

    • determine whether its policies and programs have impacts on the promotion of linguistic duality and the development of minority communities, from the initial elaboration of policies through to their implementation, including devolution of services;

    • consult affected publics as required, especially representatives of official language minority communities, in connection with the development or implementation of policies or programs;

    • be able to describe its actions and demonstrate that it has considered the needs of minority communities;

    • when it has been decided that impacts do exist, the institution will have to plan activities accordingly for the following year and in the longer term; present the expected outcomes, taking into account funding provisions, to the greatest extent possible; and provide for results assessment mechanisms.

18. Each institution must be able to make the pertinent information available to the department of Canadian Heritage as needed. It is understood that these procedures can be adapted to the circumstances. If an exception is required (for example, because no minority official-language community is affected), the federal institution will need to justify it.

19. It is noteworthy that following a government decision in 1994, all federal institutions are required to analyse the impact of proposals contained in memoranda to Cabinet on the advancement of English and French.

20. Since 1998, the Treasury Board directive “Official Languages Principles for the Preparation and Analysis of Submissions to Treasury Board” has ensured that institutions that make submissions to Treasury Board have analysed the impact on the development of minority official-language communities (Part VII).

21. In addition, as of April 1, 2002, the Alternative Service Delivery policy (ASD) requires federal institutions to consider the impact of ASD on official languages and consult communities on alternative service delivery situations with a potential effect on community development.

22. Since the new Government of Canada’s communications policy came into effect in April of 2002, and applicable to all federal institutions, “Media buys must include the purchase of advertising space and time in organs serving a community’s official language minority, be it English or French.” (article 23). The new policy also reinforces certain aspects of official language requirements, one of which pertains to the equal status of English and French.

Enforcement provisions applicable to institutions covered by the 1994 Accountability Framework

23. In 1994, the government designated those institutions with the most direct impact on the development of minority communities and the promotion of English and French. In addition to the enforcement provisions set out in paragraph 17, the institutions covered by the accountability framework are required to develop an action plan for implementing section 41. The plan must take account of the specific needs of minority official-language communities. The plans are developed following consultations with communities so as to enable departments and agencies to include these considerations in their activity planning, within the limitations of their mandate. The affected ministers must submit the plans annually to the Minister of Canadian Heritage, together with a report on the results obtained. The Minister of Canadian Heritage reports to Parliament each year on implementation of this government commitment.

Role of Canadian Heritage

24. Under section 42, the Minister of Canadian Heritage is mandated, in consultation with other ministers of the Crown, to encourage and promote a coordinated approach to the implementation by federal institutions of the commitments set out in section 41. The Department facilitates consultations with representatives of minority official-language communities, including coordinating exchange activities with a network of coordinators responsible for applying Part VII in their respective institutions. In addition, it establishes incentives such as the Interdepartmental Partnership with the Official Language Communities, in order to forge new ties of co-operation between affected institutions and communities. Finally, it encourages the sharing of best practices among institutions. It raises public servants’ awareness of the need to consult at the start of the policy and program development process. The Department oversees the 29 institutions covered by the 1994 Accountability Framework and may recommend other institutions be covered by the Framework if new needs emerge as expressed by communities.

25. In accordance with her mandate, the Minister of Canadian Heritage takes such measures as that Minister considers appropriate to advance the equality of status and use of English and French in Canadian society, notably by concluding agreements with the provinces and territories on education and in other areas to enhance delivery of services to communities in their own official language.

26. The Minister of Canadian Heritage submits an annual report to Parliament on the matters relating to official languages for which that Minister is responsible. In that context, the Minister analyses action plans and annual progress reports by federal institutions and shares the results with other federal ministers.

Role of Treasury Board

27. In accordance with his mandate under the Act and the Financial Administration Act, the President of the Treasury Board :

    • ensures that Treasury Board submissions and ASD initiatives respect official languages guidelines;

    • facilitates access by minority official-language communities to official languages networks for which TBS is responsible, so that communities can raise awareness of the challenges facing communities among representatives of institutions, and inform them of priority development projects;

    • supports the efforts of federal regional councils with a view to striking official languages committees and cooperating on initiatives to enhance the delivery of services in both official languages or foster the sustainable development of minority communities.

28. In addition, in consultation with the Minister of Canadian Heritage, the President of the Treasury Board encourages departments to take section 41 into consideration in planning and implementing departmental activities.

29. In the spirit of renewed collaboration between the Treasury Board Secretariat and the Department of Canadian Heritage, both will ensure that they combine their actions in support of Part VII. Hence, harmonized measures are being taken, notably in relation to performance evaluation, in order to better report and communicate results to Canadians through Parliament. This continuous collaboration will allow both departments to establish greater complementarity in their endeavours and demonstrate more coherence in the governance of the official languages program.

Administrative and parliamentary remedy

30. Under Part IX, the Commissioner of Official Languages oversees compliance with the commitment set out in Part VII. The Commissioner can hear complaints, carry out investigations, make recommendations, and, after carrying out an investigation, refer the report first to the affected institution, then to the Governor in Council. If follow up action has not been taken, the Commissioner may report on the question, to Parliament. The Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner. Parliamentary committees on official languages also have an important oversight role on compliance with respect to this government commitment.

Horizontal Coordination

31. This administrative framework is designed to strengthen horizontal coordination for the Act as a whole, so as to decompartmentalize the different components, supporting the Minister responsible for official languages and his colleagues at Treasury Board, Canadian Heritage and Justice. It clarifies for federal institutions the mechanisms in place to support them in their task.

32. The accountability and coordination framework preserves intact the statutory responsibilities of all federal institutions, including the Department of Canadian Heritage and the Treasury Board.

Responsibilities and support mechanisms

33. Minister responsible for official languages: In April 2001, the Prime Minister appointed the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs as Minister responsible for official languages. He was thereby mandated “to consider strong new measures that will continue to ensure the vitality of minority official-language communities and to ensure that Canada’s official languages are better reflected in the culture of the federal public service.” That mandate included, in addition to coordinating files where official languages issues were raised, a role “at the forefront of the federal government’s efforts to promote bilingualism.”

34. The Minister is responsible for facilitating the development of this accountability framework for the official languages policy and for the implementation of the Action Plan to strengthen the official languages program. This new coordination role will help the Government retain an overall approach to actions taken by federal institutions to enforce the Official Languages Act and contribute to the advancement of English and French in Canadian society.

35. The Minister responsible for official languages will be supported by the ministers of Canadian Heritage and Justice, the President of the Treasury Board, and other sectoral ministers with a role to play in the implementation of the Action Plan.

36. In accordance with the mandate he has received from the Prime Minister, the Minister responsible works with the President of the Treasury Board, the Minister of Justice and the Minister of Canadian Heritage to:

    • communicate the priorities of stakeholders (communities, Commissioner of Official Languages, parliamentary committees, etc.) to the government;

    • raise with colleagues issues relevant to official languages;

    • reflect the Government’s viewpoint properly on topical questions with official languages repercussions;

    • consult minority communities and other key stakeholders, including the Commissioner of Official Languages, at least once a year;

    • coordinate the presentation to the government of interim and final reports on the implementation of the Action Plan.

37. Moreover, the Minister responsible :

    • supports ministers with legislative or sectoral responsibilities;

    • coordinates internal discussions of how to respond to reports by the Commissioner of Official Languages and parliamentary committees; and

    • coordinates implementation of the Action Plan, notably the sharing of research tools and evaluation measures.

38. Committee of Deputy Ministers on Official Languages (CDMOL): CDMOL is a high-level forum on official languages, notably regarding institutional bilingualism, minority official language community development and promotion of Canada’s linguistic duality. Members are appointed by the Clerk, and the Committee is chaired by the Deputy Minister of Intergovernmental Affairs in the Privy Council Office.

39. CDMOL supports federal institutions and the Clerk by facilitating information-sharing on, for example:

    • current government activities in the official languages field;

    • perceptions and priorities of minority communities, the Commissioner of Official Languages, etc;

    • evolution of case law and its implications for management of government operations;

    • harmonization of existing coordination networks, such as official languages champions and national coordinators;

    • and as required, holds meetings with minority groups.

40. It advises the Minister responsible, the President of the Treasury Board, the Minister of Canadian Heritage, the Minister of Justice, and other Cabinet members as required, in order to foster and encourage an overall approach for application of the Official Languages Act. Among other things, CDMOL may:

    • provide advice on priorities brought to its attention by the Government, communities or the Office of the Commissioner of Official Languages;

    • signal issues or files likely to have official languages repercussions;

    • highlight synergies between the different parts of the Act and the Action Plan;

    • facilitate coordination of responses to criticism of government activities in the area of official languages.

41. In addition, it supports the Minister responsible, the President of the Treasury Board, the Ministers of Canadian Heritage, Justice, Human Resources Development, Health, Citizenship and Immigration, and Industry, in order to ensure coordinated implementation of the Action Plan.

42. The Minister responsible and CDMOL are supported by the Intergovernmental Affairs Secretariat.

43. Lead departments - The departments of Canadian Heritage and Justice, the Treasury Board Secretariat and the Privy Council Office combine efforts to ensure enhanced information-sharing and compliance of government documents, policies, programs and initiatives with this framework.

44. In that context, the Justice Department’s Official Languages Law Group will identify files with a potential impact on the Government’s constitutional and legal obligations on official languages, monitor potentially controversial files, ensure that policies, programmes, initiatives and government documents are compliant with the Official Languages Act and the Constitution, and review government documents from the viewpoint of risk management and legal implications.

Communication

45. To enhance transparency and support decision-making, the Minister responsible for official languages acts as the Government spokesperson on horizontal questions relating to official languages. In that capacity, he may take measures to ensure that all federal institutions and their employees, as well as the general public, are informed of the Action Plan, including the accountability and coordination framework, government official languages priorities, and the progress of the Action Plan. He also coordinates responses to reports by the Commissioner of Official Languages and parliamentary committees.

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