Ottawa introduces legislation to amend Official Languages Act

Law360 Canada (March 2, 2022, 1:00 PM EST) -- Ottawa has tabled legislation to substantively update Canada’s Official Languages Act after a previous bill died on the order paper when the last federal election was called.

Bill C-13, which was introduced March 1, is aimed at promoting a better-supported French language throughout Canada, clarifying support for official-language minority communities and improving the compliance of federal institutions concerning official languages. The bill provides for the creation of new rights to work and to be served in French in private-sector businesses under federal jurisdiction in Quebec and regions with a strong Francophone presence. It strengthens powers to the Commissioner of Official Languages, including the power to enter into compliance agreements, and would require Canada to set objectives and targets to increase Francophone immigration outside Quebec.

Minister of Official Languages Ginette Petitpas Taylor said Bill C-13 is an important step to achieve substantive equality of English and French in Canada.

“Today is a historic day for advancing the language rights of Canadians across the country,” she said. “Our government made a commitment to move forward quickly to modernize the Official Languages Act, and this ambitious reform is concrete proof of that commitment.”

The government introduced legislation to amend the Act last June, but it died when the 2021 federal election was called. The previous bill established that s. 16 of the Act, which requires judges in federal courts to be able to understand proceedings in both official languages without an interpreter, should apply to Supreme Court of Canada justices, and also set up plans to establish a program to provide funding for test cases on language rights. The new legislation retains those requirements and also enhances the previous bill’s requirements for more immediate translation of court decisions.

Justice Minister David Lametti said Canadians must be able to use the justice system in the official language of their choice.

“[Bill C-13] touches on many aspects of the federal linguistic framework to improve access to justice in both official languages,” he said. “[It] will have a major impact on the administration of our justice system and our courts.”

The Official Languages Act was adopted in 1969, recognizing English and French as the two official languages of Parliament and the Government of Canada. When the Charter was adopted in 1982, it established English and French as the two official languages of Canada.

The bill is currently at second reading in the House of Commons.

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