An Act for the Substantive Equality of Canada's Official Languages

Part 1 amends the Official Languages Act to, among other things, (a) specify that all legal obligations related to the official languages apply at all times, including during emergencies; (b) codify certain interpretative principles regarding language rights; (c) provide that section 16 of that Act applies to the Supreme Court of Canada; (d) provide that a final decision, order or judgment of a federal court that has precedential value is to be made available simultaneously in both official languages; (e) provide for Government of Canada commitments to (i) protect and promote French, (ii) contribute to an estimate of the number of children whose parents are rights holders under section 23 of the Canadian Charter of Rights and Freedoms, (iii) advance opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education, and (iv) advance the use of English and French in the conduct of Canada’s external affairs; (f) clarify the nature of the duty of federal institutions to take positive measures to implement certain Government of Canada commitments and the manner in which the duty is to be carried out; (g) provide for certain positive measures that federal institutions may take to implement certain Government of Canada commitments, including measures to (i) promote and support the learning of English and French in Canada, and (ii) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protect and promote the presence of strong institutions serving those communities; (h) provide for certain measures that the Minister of Canadian Heritage may take to advance the equality of status and use of English and French in Canadian society; (i) provide that the Minister of Citizenship and Immigration is required to adopt a policy on francophone immigration and that the policy is to include, among other things, objectives, targets and indicators; (j) provide that the Government of Canada recognizes the importance of cooperating with provincial and territorial governments; (k) provide that the Treasury Board is required to establish policies to give effect to certain parts of that Act, monitor and audit federal institutions for their compliance with policies, directives and regulations relating to the official languages, evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages and provide certain information to the public and to employees of federal institutions; (l) enable the Commissioner of Official Languages to enter into compliance agreements and, in certain cases, to make orders; and (m) enable the Commissioner of Official Languages to impose administrative monetary penalties on certain entities for non-compliance with certain provisions of Part IV of that Act. It also makes a related amendment to the Department of Canadian Heritage Act. Part 2 enacts the Use of French in Federally Regulated Private Businesses Act, which, among other things, provides for rights and duties respecting the use of French as a language of service and a language of work in relation to federally regulated private businesses in Quebec and then, at a later date, in regions with a strong francophone presence. That Act also allows employees of federally regulated private businesses to make a complaint to the Commissioner of Official Languages with respect to rights and duties in relation to language of work and allows the Commissioner to refer the complaint to the Canada Industrial Relations Board in certain circumstances. It also provides that the Minister of Canadian Heritage is responsible for promoting those rights. Finally, Part 2 makes related amendments to the Canada Labour Code.