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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 50
Tuesday, February 14, 2023, 3:33 p.m. to 5:38 p.m.
Webcast
Presiding
René Arseneault, Chair (Liberal)

• Hon. Marc Garneau (Liberal)
• Anthony Housefather (Liberal)
• Alain Rayes (Independent)
House of Commons
• Jean-François Pagé, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Lucie Lecomte, Analyst
• Emilie Lusson, Research Assistant
Department of Canadian Heritage
• Julie Boyer, Assistant Deputy Minister, Official Languages, Heritage and Regions
• Marcel Fallu, Manager, Modernization of the Official Languages Act
• Chantal Terrien, Manager, Modernization of the Official Languages Act
Department of Justice
• Mr. Warren J. Newman, Senior General Counsel, Constitutional, Administrative and International Law Section, Public Law and Legislative Services Sector
Treasury Board Secretariat
• Carsten Quell, Executive Director, Official Languages Centre of Excellence, People and Culture, Office of the Chief Human Resources Officer
Pursuant to the order of reference of Monday, May 30, 2022, the committee resumed consideration of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 13 of the Bill.

The committee resumed consideration of the amendment of Joël Godin, — That Bill C-13, in Clause 13, be amended by adding after line 26 on page 8 the following:

“(2) Section 33 of the Act is renumbered as subsection 33(1) and is amended by adding the following:

(2) In exercising its powers and performing its duties and functions, the Governor in Council shall take into account the minority situation of French in Canada due to the predominant use of English and the linguistic specificity of Quebec.”

By unanimous consent, the amendment was withdrawn.

At 3:36 p.m., the sitting was suspended.

At 3:43 p.m., the sitting resumed.

Mario Beaulieu moved, — That Bill C-13, in Clause 13, be amended by adding after line 26 on page 8 the following:

“(2) Section 33 of the Act is renumbered as subsection 33(1) and is amended by adding the following:

(2) In making regulations under subsection (1), the Governor in Council shall take into consideration the minority status of the French language in Canada due to the predominant use of English and the linguistic specificity of Quebec.

This clause will not have for effect to reduce services already offered to anglophone and francophone communities.”

After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5;

NAYS: Niki Ashton, Valerie Bradford, Francis Drouin, Angelo Iacono, Patricia Lattanzio, Marc G. Serré — 6.

Clause 13 carried.

On Clause 14,

Joël Godin moved, — That Bill C-13, in Clause 14, be amended by adding after line 32 on page 8 the following:

“(2) Persons appointed by the Governor in Council to the following positions in federal institutions must, on their appointment, follow the necessary language training to be able to speak and understand clearly both official languages:

(a) deputy minister, associate deputy minister and positions of equivalent ranks.”

After debate, the question was put on the amendment of Joël Godin and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 6;

NAYS: Valerie Bradford, Francis Drouin, Angelo Iacono, Patricia Lattanzio, Marc G. Serré — 5.

Mario Beaulieu moved, — That Bill C-13, in Clause 14, be amended by adding after line 32 on page 8 the following:

“(2) The deputy head or other administrative head of any federal institution and the chief executive officer of any corporation subject to the Act must, at the time of their appointment, be able to speak and understand French clearly.”

After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Niki Ashton, Mario Beaulieu — 2;

NAYS: Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Lehoux, Marc G. Serré — 9.

Clause 14, as amended, carried.

On Clause 15,

Mario Beaulieu moved, — That Bill C-13, in Clause 15, be amended by replacing line 40 on page 8 with the following:

“language by its employees, taking into account the minority situation of French in Canada due to the predominant use of English and the linguistic specificity of Quebec; and”

After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu — 1;

NAYS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Lehoux, Marc G. Serré — 10.

Clause 15 carried.

On Clause 16,

Joël Godin moved, — That Bill C-13, in Clause 16, be amended

(a) by replacing, in the English version, line 15 on page 9 with the following:

“(3) Paragraph 36(1)‍(c)‍ of the Act is replaced”

(b) by replacing lines 17 to 23 on page 9 with the following:

“(c) ensure that

(i) every employee is supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position, and

(ii) any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.”

Debate arose thereon.

Francis Drouin moved, — That the amendment, which proposes to amend Clause 16 of Bill C-13 by replacing, in the English version, line 15 on page 9, and replacing lines 17 to 23 on page 9 be amended by

(a) Adding after the reference to “ensure that” in paragraph (b) of that Motion the following text “, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages:”

(b) Replacing the text proposed in (i) of paragraph (b) of that Motion by the following text “managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities”

(c) Replacing the text proposed in (ii) of paragraph (b) of that Motion by the following text “every employee is supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position; and”

(d) Adding after the text proposed in (ii) of paragraph (b) of that Motion a new paragraph d) with the following text “d) ensure that any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.” so that the text reads:

(c) ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages:

(i) managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities, and

(ii) every employee is supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position; and

(d) ensure that any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.

At 4:31 p.m., the sitting was suspended.

At 4:39 p.m., the sitting resumed.

After debate, the question was put on the subamendment of Francis Drouin and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Lehoux, Marc G. Serré — 10;

NAYS: Mario Beaulieu — 1.

After debate, the question was put on the amendment of Joël Godin, as amended, and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Lehoux, Marc G. Serré — 10;

NAYS: Mario Beaulieu — 1.

Clause 16, as amended, carried.

Clause 17 carried.

On Clause 18,

Mario Beaulieu moved, — That Bill C-13, in Clause 18, be amended by replacing line 22 on page 10 with the following:

“use of either official language by their employees, taking into account the minority status of the French language in Canada due to the predominant use of English and the linguistic specificity of Quebec;”

After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5;

NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6.

Clause 18 carried.

Clause 19 carried.

Clause 20 carried.

On Clause 21,

Francis Drouin moved, — That Bill C-13, in Clause 21, be amended by replacing lines 1 and 2 on page 11 with the following:

“21 The heading of Part VII and sections 41 and 42 of the Act are replaced by the following:

Advancement of Equality of Status and Use of English and French”

After debate, the question was put on the amendment of Francis Drouin and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Lehoux, Marc G. Serré — 10;

NAYS: Mario Beaulieu — 1.

At 5:16 p.m., the sitting was suspended.

At 5:25 p.m., the sitting resumed.

Mario Beaulieu moved, — That Bill C-13, in Clause 21, be amended

(a) by replacing lines 13 and 14 on page 11 with the following:

“due to the predominant use of English and that it is the official and common language of Quebec, is committed to protecting and promoting the French language while respecting the linguistic development of Quebec provided for in the Charter of the French Language.”

(b) by replacing line 32 on page 11 with the following:

“subsections (1) to (3) and to respect the linguistic development of Quebec provided for in the Charter of the French Language.”

(c) by replacing lines 10 to 13 on page 12 with the following:

“(ii) the necessity of considering the specific, different needs of each of the two official language communities of Canada, and

(iii) the necessity of protecting and promoting French in Quebec, taking into account that French is the official and common language of Quebec; and”

(d) by replacing line 15 on page 13 with the following:

“the Minister of Canadian Heritage and the provincial and territorial governments, make regulations in”

After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu — 1;

NAYS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Lehoux, Marc G. Serré — 10.

At 5:38 p.m., the committee adjourned to the call of the Chair.



Michelle Legault
Clerk of the committee