Action Plan for Official Languages

2. THE ACCOUNTABILITY AND COORDINATION FRAMEWORK

2.1 Issues

2.2 Our plan

The Government of Canada’s Action Plan is made up of an accountability framework and three axes for action. The framework addresses the Government’s method of work, while the axes are designed to guide its actions. It is a good idea to begin by looking at the accountability framework, because before considering what the Government intends to do, there must be agreement on how it intends to proceed.

The Government wants to ensure that official languages remain a day-to-day priority in the design and implementation of public policy and government programs. Accordingly, it has examined its decision-making process regarding official languages. This internal reflection, which has been conducted in consultation with communities and the Commissioner of Official Languages, has led the Government to adopt the accountability framework which is reproduced in Annex A. This framework is the cornerstone of our Action Plan.

2.1 Issues

Three main issues have led to the design of this accountability and coordination framework.

1. Federal institutions need to be more aware of the spirit and purpose of the Official Languages Act.

Implementation of the Act leaves much to be desired, as the Government is the first to acknowledge. It has heard criticism from the Commissioner of Official Languages, minority communities, the Standing Joint Committee on Official Languages, and others.

The Government is aware of the opinions of the Commissioner of Official Languages, who emphasized in her 2001- 2002 Annual Report that priorities should include strengthening the system for implementing the Act, “for example by mobilizing political and administrative leadership and transforming the organizational culture of the federal public service.”¹⁷ It is important that each federal institution understand its role with regard to linguistic duality and the development of official language communities.

2. Official language communities need to be consulted by federal institutions with substantial responsibilities for their development.

Minority official language communities have asked to be consulted systematically by federal institutions that are developing policies or priorities on linguistic duality, to be informed of actions being considered in order to achieve those priorities, and to be kept abreast of actions actually undertaken and the results achieved (or not) over a given period.

3. The Government needs a formal interdepartmental coordination mechanism on official languages. In addition to their respective work on community development, federal institutions must act together and develop the means to support one another.

It is imperative that the Government develop internal mechanisms to ensure consistency of its official languages policies and programs. It is also important that these support mechanisms allow for ongoing information-sharing among federal institutions, and lead them to work together for the benefit of linguistic duality.

Accordingly, the three objectives of the accountability framework are to raise awareness of the Official Languages Act in all federal institutions, strengthen consultation mechanisms with communities, and establish overall coordination of the government process on official languages.

2.2 Our plan

The accountability and coordination framework accomplishes two things. First, it sets out the existing responsibilities of federal institutions. Second, it adds new responsibilities.

2.2.1 A reminder of existing responsibilities

The accountability and coordination framework reproduced in Annex A contains 45 articles. The first 30 set out the main statutory responsibilities of federal institutions, especially those of the Treasury Board and Canadian Heritage. Henceforth, we will have a public document that clearly and formally establishes the main responsibilities for official languages incumbent on each department and agency.

The division of responsibilities among federal departments flows from the very architecture of the Official Languages Act (OLA), first passed in 1969 and revised in 1988, following the new constitutional framework of 1982. That is why the first 30 articles address the different chapters of the Act in turn.

Articles 3 to 10 of the framework specify the accountability stemming from Parts I to V of the Act. Those parts 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, as well as language of work. responsibilities under the Official Languages Act are incumbent upon all federal institutions. They are required to serve the public in both languages (Part IV) and to respect their employees’ right to work in either language (Part V).

Articles 11 to 15 address Part VI, which sets out the commitment of federal institutions to ensure the equitable representation of English- and Frenchspeaking Canadians within their workforce. Articles 16 to 29 address the important Part VII, which politically commits the Government of Canada to enhancing the vitality of official language minority communities and fostering the full recognition and use of both English and French in society. The framework points out that this commitment by the Government to promote both languages and foster community development is indeed binding on all federal institutions.

The framework confirms the responsibilities of the two key institutions, Treasury Board and Canadian Heritage, in relation to the different parts of the Act.

As the accountability framework indicates, Treasury Board has a general coordination mandate with respect to Parts IV, V and VI. It establishes policies and regulatory measures, disseminates relevant directives, monitors institutions for which it has responsibility, evaluates policies and programs, and provides information to Parliament and the public on the results obtained.

The accountability framework also describes the responsibilities of Canadian Heritage, notably in paragraphs 24 to 26. The Minister of Canadian Heritage has a mandate to coordinate implementation, by all federal institutions, of the commitment to advance English and French. The Minister reports thereon annually to Parliament. The Minister has the power to undertake measures to help promote our official languages. For example, these measures may help fund activities of community organizations or facilitate the contribution of departments and agencies to the vitality of communities. The Minister concludes agreements with the provinces and territories on education and in other areas to enhance delivery of services to communities in their own official language.

2.2.2 The addition of new responsibilities

By pointing out the main responsibilities of departments and agencies, the accountability framework will be a major tool to raise awareness among all federal bodies regarding official languages. But the accountability framework does more than that. While highlighting existing responsibilities, it adds five key elements that will help us achieve our awareness, consultation and coordination objectives.

First, the framework assigns all federal institutions a new responsibility of better incorporating the official language dimension in their planning. This new responsibility is clearly indicated in article 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.” This will help ensure that official languages are taken into consideration for all projects which would modify the Government’s policies.

Second, article 17 of the accountability framework describes as follows the process that each institution must follow in its strategic planning and in the general execution of its mandate. It must:

• make employees aware of the needs of minority communities and the Government’s commitments;

• determine whether its policies and programs have an impact on the promotion of linguistic duality and community development, from the initial stages of policy development through to the implementation process;

• consult the affected publics, in particular representatives of minority official language communities, in developing and implementing policies and programs;

• be able to describe its approach and show how it has considered the needs of minority communities;

• where an impact has been identified, plan the activities accordingly in the coming year and in the longer term, present the deliverables (taking into account anticipated funding) and provide for results assessment mechanisms.

It is apparent that the community awareness and consultation stage is central to this process.

Third, and this is one of the key elements of the framework, it adds horizontal coordination, as described in articles 31 to 44.

This coordination will be centred on the Minister responsible for official languages, whose renewed mandate was announced by the Prime Minister of Canada on March 12, 2003.

As indicated in the accountability framework, in addition to listening to communities and coordinating files where the question of official languages is raised, the Minister will facilitate implementation of the Government’s Action Plan. He will be supported by the ministers of Canadian Heritage and Justice, the President of the Treasury Board, and other ministers spearheading Action Plan initiatives in their sectors of activity.

The Minister responsible will support the ministers with statutory or sectoral responsibilities for official languages. He will work with them to ensure that:

• communities and other stakeholders are consulted at least once a year;

• stakeholders’ priorities are communicated to the government;

• official languages issues are brought to the attention of the government;

• the Government’s viewpoint is clearly articulated on topical questions with official languages repercussions.

To properly support the Minister responsible for official languages and the other ministers, the role of the Committee of Deputy Ministers on Official Languages is being strengthened. Among other things, it is tasked with promoting greater collective accountability for all provisions of the Act. It highlights the links between the different parts of the Act and the Action Plan, and supports the affected ministers in implementing the Plan and in communicating the results to Canadians.

The Minister responsible and the Committee of Deputy Ministers on Official Languages are supported by the Intergovernmental Affairs Secretariat, Privy Council Office. The Secretariat will analyze memoranda to Cabinet and draft policies with respect to their impact on official languages and community development.

Fourth, the accountability framework, in article 44, assigns an expanded role to the Justice Department, which must henceforth examine initiatives, programs and policy directions with a potential influence on official languages, in order to determine the legal implications. This new responsibility is added to those the Justice Department already assumes. It will therefore continue to guide the Government in interpreting language rights, articulating the Government’s position in litigation, and exercising specific responsibilities for legislative drafting and access to justice in both official languages.

Fifth, the evaluation of the official languages policy will itself be coordinated. Each department will retain its own responsibilities for evaluation, but there will be an overall evaluation of the measures undertaken in the Action Plan. Article 37 therefore specifies that the Minister responsible “coordinates implementation of the Action Plan, notably the sharing of research tools and evaluation measures.” Article 36 provides for “the presentation of interim and final reports on the implementation of the Action Plan” to the government.

This then is the accountability and coordination framework through which the Government intends to achieve its objectives of official languages awareness, community consultation and policy coordination. But above all, the purpose of the accountability framework is to have all departments work together. It is through collective efforts that the official languages policy has been given renewed momentum in the past two years. And it is through our work together that the Action Plan will yield the maximum positive results for Canadians.

17. Office of the Commissioner of Official Languages, Annual Report 2001-2002, The Texture of Canada, Canada, 2002, p. 20.

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