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Effective Date
Directive statement
Application
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Accountability
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Directive on the Use of Official Languages in Electronic Communications

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Effective date

This directive comes into effect on July 15, 2005. This directive and the Directive on the Use of Official Languages on Web Sites replace the following policy:

Directive statement

The institution respects its linguistic obligations regarding communications with and services to the public, as well as language of work, when it uses electronic communications. Electronic communications issued by the institution reflect the equality of status of English and French. The English and French versions of electronic communications are of equal quality and are available simultaneously. Subject to the requirements set out in this directive, electronic communications may be in one or both official languages.

Application

This directive applies to all institutions subject to Parts IV or V 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.

Related policies

The institutions in question must also apply the following policies:

  • Policy on the Use of Official Languages for Communications with and Services to the Public - for institutions subject to Part IV of the Official Languages Act.
  • Policy on Language of Work - for institutions subject to Part V of the Official Languages Act.

Institutions must also respect the official languages obligations set out in the list of related policy instruments.

Requirements

Accountability

Deputy heads are accountable for implementing this directive in their institutions.

Expected results

Communications with and services to the public

The institution respects its linguistic obligations when it communicates electronically with the public.

Obligations of an office or facility designated bilingual

An office or facility designated bilingual respects the public's right to communicate with and receive services in the official language of the public's choice, in accordance with the requirements set out in the Policy on the Use of Official Languages for Communications with and Services to the Public. Electronic communications issued by an office or facility designated bilingual are available simultaneously in both official languages.

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.

An office or facility designated bilingual may issue electronic communications in only one official language when using the preferred official language of:

  • a member of the public;
  • members of the public with the same language preference.

Special circumstances

Under certain conditions, an office or facility designated bilingual may, as a courtesy, make available to the public:

  • information in one official language only without changing the content, when that information is provided by entities not subject to the OLA;
  • comments from the public in the language in which the comments were received, provided that no changes are made and that no feedback is requested on those comments;
  • a hyperlink to a unilingual Web site of an entity not subject to the OLA. In that case, the office or facility is not responsible for the fact that the content of that site is not in both official languages.

The office or facility issues a notice explaining that the information is not available in both official languages because the source of the information is not subject to the OLA.

The circumstances set out above do not exempt the institution from its obligation to serve the public in both official languages.

Obligations of a unilingual office or facility

The unilingual office or facility communicates electronically with the public in the official language of the majority of the population of the province or territory where the office or facility is located when the communication is intended exclusively for the public served by that office or facility. The same obligations apply to a third party acting on behalf of a unilingual office or facility.

Language of work

The institution respects its linguistic obligations when it communicates with employees.

Institutional responsibilities

Obligations related to electronic communications intended for employees located in regions designated as bilingual for language-of-work purposes

It is the institution's responsibility to create and maintain a workplace conducive to the effective use of both official languages by enabling its staff to use either language. The institution respects the right of employees to work and communicate with it in the official language of their choice, in accordance with the requirements set out in the Policy on Language of Work. The institution ensures that electronic communications with and services to employees are in both official languages simultaneously, regardless of the entity to which this responsibility is given.

The institution may issue electronic communications in only one official language when using the preferred official language of:

  • an employee;
  • employees with the same official language of work preference.

Central and common services agencies respect employees' language of work rights in institutions over which they have authority or that they serve.

Special circumstances

Under certain conditions, the institution may, as a courtesy, make available to employees:

  • information in one official language only without changing the content, when that information is provided by entities not subject to the OLA;
  • comments from employees in the language in which the comments were received, provided that no changes are made and that no feedback is requested on those comments;
  • a hyperlink to a unilingual Web site of an entity not subject to the OLA. In that case, the institution is not responsible for the fact that the content of that site is not in both official languages.

The institution issues a notice explaining that the information is not available in both official languages because the source of the information is not subject to the OLA.

The circumstances set out above do not exempt the institution from its obligation to communicate with employees in both official languages.

Obligations related to electronic communications intended for employees located in unilingual regions for language-of-work purposes

Subject to the requirements set out in the Policy on Language of Work, the institution communicates with employees located in unilingual regions for language-of-work purposes in the official language that predominates in the province or territory where the employees are located when the communication is intended exclusively for them.

The institution may provide its employees located in unilingual regions for language-of-work purposes with access to bilingual work instruments or services. However, in doing so, the treatment of the two official languages must be comparable between regions where one language or the other predominates.

Service providers acting on behalf of the institution communicate electronically with employees located in unilingual regions for language-of-work purposes in the official language that predominates in the province or territory where the employees are located.

The institution communicates with employees in unilingual regions with different languages of work by choosing one of the following options: 

  • issue one communication in both official languages for all employees to whom the communication is addressed;
  • issue two equivalent separate unilingual communications simultaneously and send to employees the appropriate version according to the official language that predominates in the provinces or territories where they are located.

Obligations related to electronic communications intended both for employees located in bilingual and unilingual regions for language-of-work purposes

The institution communicates with employees in bilingual and unilingual regions for language-of-work purposes by choosing one of the following options:

  • issue one communication in both official languages for all employees to whom the communication is addressed;
  • for employees in bilingual regions, when their individual language preference is known, issue two equivalent separate unilingual communications simultaneously according to their language preference;
  • for employees in unilingual regions, issue two equivalent separate unilingual communications simultaneously and send them the appropriate version according to the official language that predominates in the provinces or territories where they are located.

Individual responsibilities

Subject to the institutional responsibilities set out above, employees apply the principles established under individual responsibilities when they communicate electronically with one another.

Implementation procedures

Procedures related to electronic communications required to be in both official languages

  • The subject of the electronic communication is in both official languages and appears in the prescribed order.
  • The content of the bilingual electronic communication, in written or oral format, notably for an e-mail, automatic message or voice mail, appears in the prescribed order and each version of the message is complete. The automatic message of an employee occupying a bilingual position reflects the language requirements of the position and is in both official languages.
  • For a written message such as an e-mail or automatic message:
  • the English and French versions are available simultaneously. A note precedes the content of the message, informing the reader of the order in which the two languages appear;
  • the entire electronic message, including any attachment, is issued simultaneously in both official languages.
  • Texts are of equal quality in both official languages.
  • Encoding schemes and pathways support the use of diacritics.
  • Information for employees that is required to be in both official languages includes among others:
  • documentation and regularly and widely used work instruments intended for employees located in regions designated as bilingual for language-of-work purposes;
  • information provided by management to all employees.
  • In a signature block, the information appears in both official languages in the prescribed order.
  • When the institution uses other languages in addition to the two official languages to issue an electronic message:
  • the information is in both official languages and appears in the prescribed order;
  • the equality of status of English and French is respected;
  • the official languages appear in the prescribed order.

Procedures related to electronic communications not required to be in both official languages

  • Encoding schemes and pathways support the use of diacritics.
  • In a signature block, the name of the institution appears in both official languages in the prescribed order.
  • The content of the electronic communication, in written or oral format, notably for an e-mail, automatic message or voice-mail, is in the language of the position of an employee occupying a unilingual or either/or position.
  • When the institution uses an electronic communication to distribute documentation and regularly and widely used work instruments, they are in both official languages when they are intended for employees located in unilingual regions for language-of-work purposes who provide bilingual services.

Procedures related to electronic communications issued using a Web site

When the institution communicates with the public or employees using an electronic means of communication that requires the use of a Web site, such as an electronic bulletin board, it respects the obligations set out in the Directive on the Use of Official Languages on Web Sites.

Monitoring and reporting

The Public Service Human Resources Management Agency of Canada (PSHRMAC) is responsible for determining the method for assessing performance and monitoring implementation of this directive 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 the PSHRMAC on request. At a minimum, the institution assesses the following:

  • effectiveness of measures in place to ensure the simultaneous availability and quality of electronic communications transmitted to members of the public in both official languages from offices or facilities designated bilingual;
  • effectiveness of measures in place to ensure the simultaneous availability and quality of electronic communications transmitted in both official languages to employees working in regions designated as bilingual for language-of-work purposes;
  • 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;
  • number of complaints concerning the use of official languages in electronic communications that the Office of the Commissioner of Official Languages determined to be founded.

When assessment of the results reveals that the directive has not been respected, the institution reports the situation to the PSHRMAC and takes appropriate corrective action.

Consequences

Enquiries

For further information, please contact the person responsible for official languages in your institution.

 

 
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