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This policy comes into effect on July 15, 2005 and replaces the
following instruments:
English and French are the official languages of Canada for
communications with and services to the public. Members of
the public have the right to communicate with and receive services in either
English or French from offices or facilities designated
bilingual, including an institution's head or central office, offices
located in the National Capital Region, and all offices of an institution that
reports directly to Parliament on its activities. These offices or facilities
actively offer communications with and services to the public in both
official languages.
The institution ensures the public's right is respected when
communicating with or receiving services from a third
party acting on the institution's behalf. When using media to communicate
with the public, the institution ensures that its linguistic obligations are
met. The obligation to communicate with and serve the public in the official
language of its choice takes precedence over employees' language-of-work
rights. These principles apply as defined in the policy requirements.
This policy applies to all institutions subject to Part IV of
the Official
Languages Act (OLA), with the exception of the Senate, the House of
Commons, the Library of Parliament, the Office of the Senate Ethics Officer and
the Office of the Ethics Commissioner.
The institutions in question must also apply the following
requirements:
Institutions must also respect the official languages
obligations set out in the list of
related policy instruments.
Deputy Heads are accountable for
implementing this policy in their institutions.
The equal status of English and French is respected when an
office or facility uses both official languages to communicate with or serve the
public. This includes both written and oral communications and services. Both
language versions are available simultaneously, are of equal quality and follow
the prescribed order.
All material produced by or on behalf of
the institution is in both official languages when it is intended for national
dissemination. The institution distributes material nationally or on a wide
scale in both official languages simultaneously or in the public's official
language of choice.
The institution distributes lengthy
documents by choosing the most efficient way to communicate with the
targeted public in the official language of their choice while taking into
account the linguistic obligations of the OLA.
The institution ensures that all signs identifying its offices
or facilities are in both official languages.
Signage that includes words, written notices and standardized
public announcements inside or outside the institution's offices or facilities
regarding health, safety or security of members of the public
are in both official languages.
Any office that communicates with and serves the public in
circumstances related to events of national or
international scope that are open to the public ensures that all
communications and services are in both official languages when it:
- organizes or hosts such an event; or
- participates in an event of this nature, including those organized or
hosted by an entity not subject to the OLA.
The institution ensures that:
- it has the necessary capacity to communicate with
and serve members of the public in both official languages at all offices or
facilities designated bilingual;
- communications with and services to the public are provided in both
official languages at all offices or facilities designated bilingual;
- it informs the public of contact information for
offices and facilities that are designated bilingual;
- unilingual offices or facilities are able to refer the public to offices
or facilities that are designated bilingual.
All communications with and services to the public are in the
official language chosen by the member of the public or in both official
languages when the language preference of the public is unknown.
An office or facility designated bilingual actively
offers its communications and services in both English and French.
Appropriate measures are taken to clearly indicate to members of the public
their right to communicate with and receive services in the official language of
their choice.
An office or facility designated bilingual ensures that a third
party acting on its behalf respects the public's language rights. The contract
or agreement with a third party includes clauses setting out the office or
facility's linguistic obligations with which the third party must comply. The
office or facility designated bilingual ensures that the two official languages
are of equal quality when a third party provides communications and services on
its behalf.
When using media in circumstances not covered by Section
11 of the OLA, offices or facilities designated bilingual communicate with
members of the public in the official language of their choice in an
effective and efficient manner. When using the same type of media would not
reach targeted members of the public in the official language of their choice in
an effective and efficient manner, communications are in different media in each
language. The office or facility designated bilingual is able to justify and
explain its decision about the choice of media. (Information
regarding Section 30 of the OLA)
A unilingual office or facility
communicates with and provides services to the public in the official language
of the majority of the population of the province or territory where the office
or facility is located. The office or facility ensures that such communications
and services are intended exclusively for the public it
serves.
The Public Service Human Resources Management Agency of Canada
(PSHRMAC) is responsible for determining the method for assessing performance
and monitoring implementation of this policy in institutions.
Each institution is responsible for keeping its records and
information systems up to date and assessing results in order to report on them
to PSHRMAC on request. At a minimum, the institution assesses the following:
- effectiveness of measures in place to ensure the availability and quality
of communications and services in both official languages to members of the
public by offices and facilities designated bilingual;
- effectiveness of measures in place to ensure that official language
obligations for signage that includes words, written notices and
standardized public announcements inside or outside the institution's
offices or facilities regarding health, safety and
security of members of the public are respected;
- effectiveness of measures in place to ensure availability and quality of
communications and services in both official languages in circumstances
related to events of national or international scope open to the public;
- effectiveness of measures in place to ensure the active offer of
communications and services to the public in both official languages;
- effectiveness of measures in place to ensure that a third party acting on
behalf of an office or facility designated bilingual respects the linguistic
obligations of that office or facility;
- effectiveness of measures in place to ensure that offices and facilities
designated bilingual use media effectively and efficiently to communicate
with members of the public in the official language of their choice;
- number of complaints concerning communications with and services to the
public that the Office of the Commissioner of Official Languages determined
to be founded.
When assessment of the results reveals that the policy has not
been respected, the institution reports the situation to PSHRMAC and takes
appropriate corrective action.
Any failure to respect Treasury Board (TB) policies and
directives may give rise to an assessment, the results of which will be included
in the President of Treasury Board's annual report to Parliament.
In the case of institutions for which TB is the employer,
compliance with the OLA and promotion of its objectives are to be integrated in
annual performance assessments and to influence ratings.
Failure to comply with this policy may result in a complaint to
the Office of
the Commissioner of Official Languages under Part IV of the OLA
and of a legal remedy in the Trial Division of the Federal Court.
For further information, please contact the person
responsible for official languages in your institution.
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