Annual Report on Official Languages 2004-2005

Message from the President of the Treasury Board

As President of the Treasury Board and Minister responsible for the Public Service Human Resources Management Agency of Canada (the Agency), it is my pleasure to table before Parliament this seventeenth annual report on official languages, for fiscal year 2004–05. This report describes how the institutions subject to Parts IV, V, and VI of the Official Languages Act (the Act) have met their linguistic obligations. It also highlights the progress we have made in fulfilling our commitment to making the Public Service an institution with proper regard for official languages.

I am pleased to point out that this report deals with the Agency's first full fiscal year. As the institution responsible for official languages within federal institutions, the Agency strives to meet the objective of reflecting our society's core values of respect, fairness, and inclusiveness. This involves some changes, and we are ensuring that these changes are implemented in a spirit of co-operation and with respect for the rights of employees and the public.

Better government stewardship is inevitably dependent on public service modernization, and modernization can only be achieved through stronger leadership and greater accountability. The goal of creating a modern public service is to ensure that Canadians are provided with nothing less than excellence in service delivery. To achieve this, we must promote a strong public service that reflects the two official language communities. Service to Canadians must be at the heart of our efforts.

In 2004, we marked the 35th anniversary of the first Act. Canada has changed considerably since 1969, and the linguistic capacity of our institutions has greatly improved. Despite our accomplishments, however, we know that we have more work ahead of us. We need to engage managers and employees in the Public Service in building a workplace that reflects the values of respect and inclusiveness, and we need to strive to serve Canadians in their language of choice.

Our human resources management must lead us to be more responsible, show greater leadership, and ensure better integration of the underlying values of the Public Service, including respect for both official languages. We must set the example. I will continue to work closely with my colleague Josée Verner, Minister responsible for Official Languages, to achieve this objective.

We are seeking lasting culture change. This will take time and will require sustained effort. We have made firm commitments in this respect and we intend to meet those commitments.

The paper version was signed by

The Honourable John Baird, P.C., M.P.
President of the Treasury Board

Speaker of the Senate

Dear Mr. Speaker:

Pursuant to section 48 of the Official Languages Act, I hereby submit to Parliament, through your good offices, the seventeenth annual report on official languages covering the 2004–05 fiscal year.

Yours sincerely,

The paper version was signed by

The Honourable John Baird, P.C., M.P.
President of the Treasury Board

June 2006

Speaker of the House of Commons

Dear Mr. Speaker:

Pursuant to section 48 of the Official Languages Act, I hereby submit to Parliament, through your good offices, the seventeenth annual report on official languages covering the 2004–05 fiscal year.

Yours sincerely,

The paper version was signed by

The Honourable John Baird, P.C., M.P.
President of the Treasury Board

June 2006

Summary

The seventeenth annual report gives an account of the application of Parts IV, V, and VI of the Official Languages Act (the Act) in the 2004–05 fiscal year. The Public Service Human Resources Management Agency of Canada (the Agency) ensures that federal institutions serve Canadians in the official language of their choice, that employees in designated bilingual regions are able to work in their first official language under certain conditions, and that the workforce of federal institutions tends to reflect the presence in Canada of the Anglophone and Francophone communities, bearing in mind the nature of those institutions and, more specifically, their mandate, their clientele, and the location of their offices.

The report profiles the main activities carried out during the year by institutions and by the Official Languages Branch (the Branch) of the Agency and highlights the initiatives taken to anchor linguistic duality within the Public Service in order to make it exemplary in terms of official languages.

Institutions focussed on three issues during the year: the compliance review of the Official Languages (Communications with and Services to the Public) Regulations (the Regulations), the implementation of the Policy on Official Languages for Human Resources Management and the Policy on Language of Work, and the follow-up of the Audit of the Application of the Policy Concerning the Language Requirements for Members of the Executive Group and of the Public Service Official Languages Exclusion Approval Order.

Service to the public

The release of data from the 2001 Census of Canada^[1] led to a review of the obligations of offices and service points required to provide services to the public in both official languages in order to determine whether there was any change in their obligations under the Regulations. The results of the review showed that of the 9,839 offices and service points reviewed, the majority—9,283—saw no change, 152 now have a new obligation to provide services in both official languages, 13 have been closed, 292 must assess the demand for services, and 99 are no longer required to provide services in both official languages. In the latter case, the institutions are required by the implementation principle adopted in November 2003 by the Treasury Board to maintain the status quo and consult the official language minority communities affected in order to find other ways of providing services. On the whole, the situation is satisfactory.

Language of work

In the regions designated as bilingual, managers and executives are increasingly aware of their role in fostering a work environment that is conducive to the use of both official languages. The fact that French is underused, particularly in the National Capital Region, and that the predominance of English is still amply evident in some designated bilingual regions outside Quebec show, however, that the problems identified in last year's report have not been entirely resolved. Clearly, concrete action has been taken, but projects to achieve balance in the use of the two official languages need to be continued and increased.

Implementation of the new policies that came into effect on April 1, 2004, is going well. The Agency notes that institutions have started to strengthen their accountability methods. Many institutions have put implementation tools in place, but some still do not have appropriate monitoring and follow-up mechanisms to gather the information required by the performance indicators set out in the new policies. The Agency will closely monitor the progress made.

A follow-up to the Audit of the Application of the Policy Concerning the Language Requirements for Members of the Executive Group^[2] and the Public Service Official Languages Exclusion Approval Order was conducted with 37 institutions for which the Treasury Board is the employer. Of the 200 executives who did not meet the language requirements of their positions, 66 still did not meet them in August 2004. Of those 66, 49 were still in their positions, but the institutions had implemented administrative measures to ensure service delivery and employee supervision in both official languages. Furthermore, requests for an extension of the exemption period were submitted to the Public Service Commission of Canada (PSC) for 26 of the 66 executives. The Agency followed up on this issue throughout the year. The results of the audit and follow-up are posted on the OLLO Web site.^[3]

Equitable participation

With regard to the government's commitment to ensuring that the workforce of federal institutions tends to reflect Canada's two official language communities, the situation is generally satisfactory, except in Quebec, where Anglophones are still under-represented in the Public Service. Initiatives are being taken, notably in co-operation with the PSC, to find lasting solutions to the ongoing problems.

From commitment to results

The Official Languages Program is evolving. The Agency is determined to obtain tangible, and lasting results that will bring about real culture change.

I. Introduction

When it created the Public Service Human Resources Management Agency of Canada (the Agency) in December 2003, the government announced sweeping reform of human resources management in order to foster excellence and leadership within the federal Public Service, one of this country's largest institutions. The Agency was given a mandate to build a more modern and more professional Public Service that would safeguard the public interest, reflect the social fabric and rich diversity of Canada's population, and provide Canadians with quality services in the official language of their choice.

The Agency, through the Official Languages Branch (the Branch), is responsible for the development and general co-ordination of the policies and programs relating to Parts IV, V, and VI of the Official Languages Act (the Act). Accordingly, it has a duty to ensure that institutions serve members of the public in the official language of their choice, that employees in designated bilingual regions are able to work in their preferred official language under certain conditions, and that the workforce of federal institutions tends to reflect the presence in Canada of the Anglophone and Francophone communities,^[4] bearing in mind the nature of those institutions and, more specifically, their mandate, their clientele, and the location of their offices.

The Agency works to ensure that federal institutions meet the obligations set out in the Act and give an account of their standing in an annual review. The information in those reviews is summarized in Section V, "Overview of Program Delivery."

September 2004 marked the 35th anniversary of the coming into force of the first Act. Since 1969, Canada has taken a unique approach whereby the country's two official languages co-exist. This approach is confirmed in the Canadian Charter of Rights and Freedoms (the Charter). The Charter states that "English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada."^[5] It also states that "Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where a) there is a significant demand for communications with and services from that office in such language; or b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French."^[6]

The Act and the recognition of language rights in the Charter are the basis of a unique, exemplary model that emphasizes respect, fairness, and inclusiveness. This model is based on three main principles:

• service to the public, or the obligation of federal institutions to actively offer and provide services to the public in both official languages, and the corresponding right of the public to communicate with and receive services from those institutions in the official language of their choice, in the circumstances provided for under the Act;
• language of work, or the obligation of federal institutions to create work environments that are conducive to the effective use of both official languages in regions designated as bilingual for this purpose,^[7] and the corresponding right of federal employees to work in the official language of their choice, within the limits specified by the Act; and
• equitable participation, or the government's commitment to ensuring that English- and French-speaking Canadians enjoy equal opportunities for employment and advancement in federal institutions and that the workforce in those institutions tends to reflect the presence of the two official language communities in Canada.

The essence of this model constitutes what is commonly referred to as institutional bilingualism, as opposed to individual bilingualism. This means that it is not necessary for every employee to be bilingual, even in bilingual offices and service points. The obligations apply to institutions, not individuals, and each institution is equipped to fulfil those obligations.

Over the years, federal institutions have adapted to new circumstances and conditions. In all cases, the principles stated above continue to guide the government's decisions and general policies.

Bilingualism in the Public Service has changed a great deal over the past 35 years. The following historical overview highlights some of the milestones of that period.

II. From Rules to Values—The Evolution of the Official Languages Program

1963–72: The beginning

The Royal Commission on Bilingualism and Biculturalism was created in 1963. Noting that federal institutions operated primarily in English, the Commission established three principles for effecting change:

• the right of Canadians to be served in the official language of their choice;
• the use of English and French as languages of work; and
• the equitable participation of Anglophone and Francophone employees.

The goal of the initial changes was to provide public service employees with second-language training and produce more documents in French. Those tangible changes, while modest in scale and largely based on good will, paved the way for the Act in 1969, which made linguistic equality a legal obligation. The position of the Commissioner of Official Languages was created to ensure both recognition of the status of the two languages and compliance with the spirit and intent of the legislation in the administration of the affairs of institutions of the Parliament and Government of Canada.^[8] The person appointed to the position assumed the role of ombudsman.^[9]

In the early 1970s, Francophones made up 25.0 per cent of the population but only 18.0 per cent^[10] of the Public Service. Departments and agencies, under the direction of the Treasury Board, therefore had a great deal of work to do to ensure that their workforces tended to reflect the presence of the two official language communities.

Institutions began by incorporating the main principles of the 1969 Act into initiatives aimed at improving bilingual service where they felt there was sufficient demand. They identified the language requirements of all positions and provided language training for employees who needed it. As well, considerable effort was made to increase the use of French as a language of work.

1973–77: From theory to practice

In June 1973, measures were approved by a parliamentary resolution^[11] that—for the first time—made the government responsible for attaining, within the framework of the merit principle, the objective of ensuring the full participation of members of the Anglophone and Francophone communities in the Public Service. The following year, a review of the effectiveness and efficiency of language training was conducted. An official languages information system was created to provide up-to-date statistics. A language-of-work policy pertaining to support services (personnel, compensation, etc.), supervision, and the production of work tools in both official languages was adopted. The visual aspects of federal services (signage, letterhead, publications, etc.) would be addressed later through the Federal Identity Program.

In 1977, a government statement entitled A National Understanding triggered the implementation of a series of revised policies. The Treasury Board circular (1977-46) laid out the revisions and made a general statement directed toward all institutions subject to the Act. Among the changes were the introduction of the bilingualism bonus and the delegation to institutions of authority and accountability for various program elements for which central agencies^[12] had been responsible. Accountability was achieved through annual plans and other monitoring and evaluation methods.

1978–88: Consolidation and integration

The importance of active offer of bilingual services was highlighted by the changes made to the policy in 1981. More and more managers were hiring bilingual staff for bilingual positions. The bilingualism standards for the executive and management categories were made more stringent.

Because the Charter, adopted in 1982, consolidated and expanded language rights, the legislation had to be updated. In 1988, Parliament passed a new, more detailed, and more stringent Act that integrated and specified the language rights and principles set out in The Constitution Act, 1867 and entrenched in the Charter. It also gave a legislative base to some of the policies that had been implemented by federal institutions over the years, particularly policies related to the use of both official languages as languages of work and federal government support for the development of official language minority communities. The 1988 Act differed from the 1969 Act in that some of its key provisions are enforceable; in other words, they are subject to recourse before the Federal Court of Canada.

In 1984, the Standing Joint Committee on Official Languages^[13] (House of Commons and Senate) was created with a mandate to monitor the application of the Act by reviewing and following up on reports to Parliament.

In 1986, as part of a new approach set out in the directive on increased ministerial authority and accountability, memoranda of understanding replaced annual plans. Institutions therefore assumed more direct responsibilities in the area of language training.

1989–2000: Implementation mechanisms

Under the new Act, services had to be offered in both official languages under certain conditions, for example, where there was significant demand or where the nature of the office required bilingual services. The notion of significant demand was defined in regulations and based primarily on ten-year census data.

Management of official languages became part of day-to-day operations as the basic principles were generally accepted and objectives clearly established.

From 1993 to 1995, the federal government conducted a comprehensive review aimed at increasing the efficiency of federal programs. The Framework on Alternative Program Delivery was introduced in 1995 to deal with the budget cuts. Departments implemented new service delivery structures and models, which had an impact on the application of Part IV of the Act.

After the Report of the Independent Review Panel on Modernization of Comptrollership in the Government of Canada was released in 1997, federal departments and agencies adopted a new accountability system that called for the submission of annual official languages management reports. Federal institutions played an active role by designating senior managers as official languages champions.

In 1999, a task force^[14] created to study the impact of government transformations concluded that the budget cuts and reorganization initiatives (privatization, transfer of responsibilities, etc.) had led to a decline in the accessibility of services. The government's response^[15] was in line with the approach advocated in the Public Service 2000 report, namely to create—at the dawn of the 21st century—a public service that was more outward looking and determined to serve the public better.

The Government On-Line Initiative, which was designed to deliver government services over the Internet, is gradually changing service to the public. The new service delivery models pose major challenges, specifically from the standpoint of the quantity and quality of information available in both official languages.

In the new management framework entitled Results for Canadians—A Framework for the Government of Canada,^[16] the emphasis was on client satisfaction. Plans were designed to ensure that the needs of Canadians were given greater consideration in the management of services provided in both official languages. More and more institutions worked with other levels of government to develop innovative models (single windows, for example) for delivering citizen-focussed services.^[17]

2001–05: Toward an exemplary Public Service

Early in the new millennium, networks (champions, advisory committees for departments and Crown corporations, and the Committee of Deputy Ministers on Official Languages) were established and given a mandate to promote official languages.

In 2001, the Task Force on Modernizing Human Resources Management in the Public Service recommended the creation of an exemplary public service based on mutual respect. In 2002, a study^[18] by the Treasury Board of Canada Secretariat entitled Attitudes Towards the Use of Both Official Languages within the Public Service of Canada showed that federal public service employees strongly support the delivery of services to Canadians in both official languages and approve of the basic principles of the Official Languages Program (the Program). The study confirmed that more than 90 per cent of federal public service employees support the public's right to obtain services and communicate in the official language of its choice. It further showed that a change in culture was not only necessary but also possible. The study also highlighted a lack of awareness of official languages rights and obligations.

In 2003, the government's Action Plan for Official Languages (the Action Plan) allocated $14.0 million over five years to the Official Languages Innovation Program. The objective of the Program was to better equip the Public Service to implement the principles and values set out in the Act and ensure that it better reflected Canada's linguistic duality. The aim of the Program is to support innovative projects likely to have a ripple effect on the promotion of official languages. The Action Plan also allocated $12.0 million over five years to strengthen the centre-of-excellence role of the Branch, which was rapidly integrated into the new Public Service Human Resources Management Agency of Canada.

In 2003–04, following the release of the data from the 2001 Census of Canada, federal institutions undertook a compliance review of the Official Languages (Communications with and Services to the Public) Regulations^[19] to verify the scope of their obligations regarding the delivery of services to members of the public in the official language of their choice across the country.

In more than three decades, the focus of the Official Languages Program has gradually shifted from rules to values. The government is committed to ensuring that institutional bilingualism is rooted in the core values of respect, fairness, and inclusiveness. It is important for federal institutions to recognize the value of linguistic duality and make it a key component of good governance. Focussing on values, however, means having to put more emphasis on accountability. The Policy on Official Languages for Human Resources Management, which came into effect on April 1, 2004, for example, clearly establishes the roles and responsibilities of federal institutions at both the institutional and individual levels.

III. Governance of Official Languages

Implementation of the Act is a responsibility shared by many bodies. Those bodies have legal or administrative obligations, as the case may be.

The Agency, on behalf of the Treasury Board, is responsible for ensuring the development and general co-ordination of the policies and programs relating to Parts IV, V, and VI of the Act in institutions that are subject to the Act. More specifically, its responsibilities are to

• establish policies related to the various parts of the Act;
• ensure follow-up with institutions to confirm that they are meeting their obligations and assess their performance in the area of official languages; and
• evaluate the effectiveness of the official languages programs of federal institutions.

Figure 1 identifies the Agency's main partners with specific responsibilities.

Bodies with legal obligations under the Act

• The Treasury Board is responsible for approving directions and policies regarding Parts IV, V, and VI of the Act. It also plays a role in implementing other provisions of the Act (including Part VII) in institutions for which it is the employer by ensuring that the vitality of official language minority communities is taken into account in the initiatives it is asked to approve.
• The Office of the Commissioner of Official Languages, which reports directly to Parliament, receives complaints from public service employees and the general public and conducts investigations when appropriate. It acts as an ombudsman and promotes linguistic duality.
• The Department of Justice Canada is generally responsible for the Act and provides legal advice.
• The House of Commons and Senate standing committees on official languages monitor the application of the Act and the related regulations and policies. They also review the reports to Parliament of the Commissioner of Official Languages, the President of the Treasury Board, the Minister of Canadian Heritage, among others.

Other bodies with legal obligations

• The PSC appoints qualified individuals under the Public Service Employment Act. It is responsible for staffing, recruitment, linguistic standards, language assessment, and the application of the Public Service Official Languages Exclusion Approval Order (the Order).^[20]
• The Canada School of Public Service provides language training and administers diagnostic tests.
• The Translation Bureau provides translation, revision, interpretation, and terminology services.

Bodies with an administrative, co-ordination, and leadership role

• Intergovernmental Affairs, which is part of the Privy Council Office, provides leadership on behalf of the minister responsible for official languages and ensures general co-ordination by overseeing implementation of the Action Plan. Intergovernmental Affairs co-ordinates matters affecting official languages and supports the minister responsible through the proceedings of such committees as the Committee of Deputy Ministers on Official Languages and its support and research committees. Its function is to establish strategic directions for the federal government as a whole, encourage greater collective accountability in respect of linguistic duality, promote the use of both official languages in the federal Public Service, and ensure horizontal co-ordination of the Program.
• The Official Languages Committee of the National Joint Council is a joint forum for consulting the unions on issues related to official languages policies and, finally, adjudicating grievances related to the administration of the bilingualism bonus.

Advisory bodies

• Two advisory committees, one for departments and one for Crown corporations and other institutions, including privatized agencies subject to the Act, are managed by the Agency. They provide a forum for consultation and communication between institutions and primary official languages stakeholders.
• Two networks of official languages champions act as leaders and agents of change to promote official languages. The Branch co-ordinates meetings and initiatives for the two networks, namely the network for departments and the network for Crown corporations and other institutions. It also works with the federal regional councils^[21] to ensure national coverage. As well, the Council of the Network of Departmental Official Languages Champions for the Public Service has been in place for two years and takes an active role in initiatives.

IV. Pillars of the Program— Institutional Bilingualism

Service to the public

Certain offices and service points are required under the Act and the Regulations to provide their services in both official languages. The public can access the official list by clicking on "Burolis"^[22] on the OLLO Web site.

Offices and service points

Members of the public are entitled to be served in the official language of their choice not only in person at a service counter but also on the telephone, by mail, electronically, or by other means. The quality of service must be comparable in the two official languages.

Almost a third of offices and service points are required to provide services in both official languages. As at March 31, 2005, federal institutions had approximately 11,669 offices and service points, of which 3,559 (30.5 per cent) were required to provide services in both official languages. Figures 2 and 3 show the breakdown of those offices and service points.

Although service requirements are known, it is still difficult at times to match the language skills of employees with the delivery of bilingual services, especially in regions of the country where there are fewer bilingual resources. To assist institutions, the Agency invests in innovative projects that will have a ripple effect. Through the Regional Partnerships Fund, the Agency helps federal regional councils fund projects in order to obtain lasting results. An example is given in the box.

Official languages in the workplace

Under certain conditions, federal employees in regions designated as bilingual^[23] have the right to work in their preferred official language. Accordingly, institutions have an obligation to create a work environment that is conducive to the effective use of both official languages, bearing in mind the overriding obligation to serve the public in its preferred official language. Figure 4 shows the regions in which the language-of-work obligation applies.

Observations over the past several years have all yielded the same result: full respect of both official languages as languages of work has yet to be achieved. Studies, complaints, and annual reports of federal institutions show that there is still much work to be done to achieve a public service in which both official languages are used in the workplace as they ought to be.

The consensus is that French is underused, particularly in the National Capital Region. Furthermore, the predominance of English is still quite evident in the designated bilingual regions outside Quebec. The problems identified in last year's report persist.

Many factors contribute to the underuse of French. One factor that can have a considerable impact on the choice of language of work is whether employees can be supervised in their preferred official language. The Act stipulates that supervisors are to communicate with their employees in both official languages where it is appropriate and necessary to do so. It is generally accepted that a clear commitment to linguistic duality from senior management often differentiates one institution from another. Supervisors and senior managers at various levels have to show more leadership by creating a work environment that promotes linguistic duality every day and by urging their employees to use the official language of their choice.

Another important point is that there are Francophones who do not exercise their right to use French and do not indicate that they would prefer to work in French, indicating that they feel comfortable in both languages and that it is easier to use one language for communication. This stance accentuates the imbalance between the use of the two official languages.

Bilingual employees, their colleagues, and the institution can benefit from the use of both languages to rekindle the view that linguistic duality is positive and draws on the core values of respect and inclusiveness. There are many benefits—social, cultural, and economic—to being able to use both official languages. Knowing more than one language is invaluable to success in a knowledge-based global economy.

There are bilingual Anglophones who do not use their second language enough to feel comfortable and appreciate the advantages of being bilingual. The use of both languages fosters a greater sense of co-operation and openness among colleagues and helps bilingual Anglophones and Francophones hone their language skills and improve their ability to provide Canadians with better bilingual services.

It is essential to enhance the vitality of French in the Public Service. This is the goal of Les Rendez-vous de la Francophonie. Each year, thousands of Francophones and Francophiles across the country mark their attachment to the French language in their own special way. These very popular events are an excellent opportunity to engage in dialogue and reach out to others. Last March, several hundred Francophones and Francophiles from the National Capital Region gathered at the Canadian Museum of Civilization in Gatineau to celebrate La Francophonie. The launch of Les Rendez-vous de la Francophonie involved the Public Service nationwide; the number of activities has multiplied to the delight of the growing number of participants.

The government is committed to increasing bilingual capacity in the Public Service and providing employees with the training and tools they need. The new Directive on Language Training and Learning Retention[24] is a major step in this direction. It is a lasting change in institutional culture, however, that will make all the difference. Changing perceptions and attitudes will require time and effort. Many institutions have made progress and are setting an example. Some of their good practices are described in this report; others have already been posted on the OLLO Web site.

Participation of English- and French-speaking Canadians

The Act states that the government's commitment to ensuring that English- and French-speaking Canadians have equal opportunities to obtain employment and advancement in federal institutions subject to the Act regardless of their ethnic origin or first language learned and spoken. The Act also states that the government is committed to ensuring that the workforce of federal institutions tends to reflect the presence in Canada of both official language communities.

The number of Anglophone and Francophone employees can therefore vary from institution to institution depending on such factors as location, mandate, and clientele. In regions of Canada where there are more Francophones, the proportion of Francophones in federal institutions is high; similarly, the proportion of Anglophones is higher in regions of the country where Anglophones are the majority.

Nationally, the participation of the two language groups tends to be representative. Regionally, however, Anglophones are under-represented in the Public Service in Quebec. This has been a challenge for years. The government is committed to making changes in order to correct the situation. To do so, the Agency is working with the PSC and the Quebec Federal Council.

V. Overview of Program Delivery

Institutions subject to the Act are required to implement institutional bilingualism in accordance with their linguistic obligations. These institutions fall into three categories: departments and agencies for which the Treasury Board is the employer (hereinafter called departments), Crown corporations and separate agencies, and privatized agencies.^[25] Figure 5 illustrates that breakdown.

Institutions report to the Agency on their achievements and results through an annual review. The review is a public document filed with the Clerk of the House of Commons Standing Committee on Official Languages, the Clerk of the Senate Standing Committee on Official Languages, and the Commissioner of Official Languages.

The following information is derived primarily from the annual reviews and general knowledge of the issues, the Branch's support and monitoring activities for institutions, and the proceedings of the Branch's various advisory committees.

Main issues in the last fiscal year

For the second consecutive year, institutions devoted a great deal of energy to three main issues: the compliance review of the Regulations,^[26] the implementation of the new policies on language of work and human resources, and the Audit of the Application of the Policy Concerning Language Requirements for Members of the Executive Group.^[27]

Compliance review of the Official Languages (Communications with and Services to the Public) Regulations

Last year, the Agency instructed institutions to review the application of the Regulations following the release of the data from the 2001 Census of Canada^[28] to determine whether their obligations regarding services to and communications with the public had changed. The review involved two phases: one pertaining to application of census data on first official language spoken, and the other to assessment of demand for services in English or French. The first phase is complete; the second is ongoing.

According to the results of the first phase, of the 9,839 offices and service points involved, the majority—9,283—saw no change, 152 now have a new obligation to provide services in both official languages, 13 have been closed, 292 must assess the demand for services, and 99 are no longer required by the Regulations to provide services in both official languages. In the latter case, the Regulations make no provision for a transition period. For that reason, the Treasury Board adopted an open-ended implementation principle on November 18, 2003, which stipulates that where bilingual services are no longer obligatory, institutions must maintain the status quo and consult the official language minority communities affected in order to find other ways of providing services.

For the second phase, institutions must assess the demand for services in English and French at certain offices. The Agency increased the rigour with which the second phase is conducted and fully assumed its role in approving assessment methods. Some institutions are behind schedule in the assessment for a variety of reasons. Some have undergone a restructuring, others underestimated the magnitude and scope of the task, and still others ran into administrative problems. Partial results from the second phase—assessment of demand—will be available later in 2005–06.

Implementation of the new policies on language of work and human resources

Implementation of the new policies^[29] is proceeding as planned. Institutions are beginning to strengthen their accountability methods. Canadian Heritage and Library and Archives Canada, for example, have introduced a more comprehensive follow-up mechanism for positions staffed on a non-imperative basis to ensure compliance with the directives on staffing bilingual positions and on language training and learning retention.

A number of institutions have introduced other implementation tools. The National Energy Board developed a staffing plan for 2004–07 that calls for the recruitment of more bilingual staff. Environment Canada and Health Canada developed several internal tools to clarify the scope of the new policies and directives for staff and management. Statistics Canada developed and implemented a communications plan to inform staff and management of the new policies and directives and their impact on staffing and language training. Some institutions, however, still do not have appropriate monitoring and follow-up mechanisms to gather the information required by the performance indicators set out in the new policies. The Agency will closely monitor the progress made.

Implementation of the new policies led to an increase in the number of requests for advice. The main purpose of the request is to clarify the direction and nature of the accountability measures to be put in place.

Audit of the application of the Policy Concerning the Language Requirements for Members of the Executive Group

The 37 institutions covered by the Audit of the Application of the Policy Concerning the Language Requirements for Members of the Executive Group and of the Public Service Official Languages Exclusion Approval Order[30] worked to address the status of their executives who still did not meet the language requirements of their positions. The Agency followed up on this issue throughout the year.

Institutions had to pay special attention to requests to extend the exemption period^[31] for those executives and to the administrative measures established to ensure service delivery and supervision in both official languages. The PSC is directly responsible for the administration of the exclusion approval order and will therefore closely monitor the issue.

Program delivery observations and results

Significant progress was made in many areas. One of the biggest advances was the coming into effect of the Directive on the Staffing of Bilingual Positions (April 2004), which generally provides for the imperative staffing of bilingual positions, particularly in the senior management category. The impact will be felt gradually.

The Agency notes that many institutions are truly committed to improving their situation, as witnessed by the many good practices identified in their annual reviews and on the OLLO Web site.^[32] A number of noteworthy initiatives were taken last year.

Innovative projects and good practices are excellent instruments of change. The Agency encourages institutions to share their experiences so that others can benefit from them. Other institutions can adapt those practices and tools to their own situation and achieve economies of scale in the process.

Good practices for quality bilingual service

• Canada Post Corporation launched a new info-training initiative. The Corporation's official languages team visits operators of bilingual counters, gives them a pamphlet, and answers questions. There were six visits this year, and more will be done next year. This initiative is part of Canada Post's implementation plan for service to the public, which includes the development of an action plan on active offer, the Mystery Client Program,^[33] and ongoing monitoring of linguistic compliance through the Sales Performance Review Program., and ongoing monitoring of linguistic compliance through the Sales Performance Review Program.
• Parks Canada continued its efforts to provide quality service to the public. The institution carried out several internal audits following the telephone audit conducted by the Agency in 2003 to ensure that designated bilingual offices were providing bilingual services and an active offer. It also produced a pamphlet on active offer for all staff and students who are required to provide bilingual services. A number of initiatives were taken in the regions; for example, Parks Canada's Western Newfoundland and Labrador Field Unit created a committee of managers responsible for monitoring front-line services to ensure compliance with the Act. The managers, who work with representatives of the province's tourism industry, regularly emphasize the need for everyone to adequately respond to the needs of Francophone visitors.
• Via Rail Canada added a feature to its on-line reservation system that enables customers to specify the official language in which they wish to conduct transactions, whether by telephone, on-line, in person, at a station, or at a travel agency.

Good practices for sound program management

The Horizontal Results-based Management and Accountability Framework (the Framework) for the Program establishes links and ensures cohesion between priorities, programs, and reports. The Framework will enable the Government of Canada to manage the entire Program without encroaching on the mandates of departmental partners or undermining hierarchical relationships. The new Framework will also allow the government to monitor and evaluate implementation of the Official Languages Program at a departmental level and use its findings to facilitate the decision- and policy-making process.

• At Canadian Heritage, the official languages component was incorporated into the institution's accountability framework for human resources and workplace management. An official languages component is also included in the various human resources planning tools.
• Agriculture and Agri-Food Canada created a team to provide governance of the Program, monitor the implementation of the Action Plan, and provide the department's management committee with opinions, advice, and recommendations.
• The Communications Security Establishment developed a two-year action plan that invites federal institutions to develop proactive approaches to official languages.
• The Canada Mortgage and Housing Corporation launched Phase II of its 2004–08 official languages action plan. Phase II will focus on the retention of language skills and will help strike a balance between support from the institution and the responsibilities of management and staff.
• National Defence invited Consulting and Audit Canada to take stock of the governance of its official languages program.

Good practices related to language of work

Phase II of the Canada Revenue Agency project

The Canada Revenue Agency's Quality Management System—Official Languages (language of work) project achieved major success.

Launched three years ago, the project aims to create a workplace characterized by co-operation and mutual respect for official languages. A survey of 630 employees was conducted when the project began in the fall of 2002. Of that number, 500 responded to the final survey in January 2004. The surveys measured six elements: supervision, work tools, technical training and professional development, written communications, oral communications, and meetings. The results are presented in Figure 6.^[34]

The results show that the project contributed significantly to the creation of a workplace that is respectful of the language preference of each participant. Overall, the situation improved substantially; the exception was the area of technical training and professional development, which declined in 2004 because employees were initially unaware of their rights. That situation has since been corrected.

In recognition of its outstanding achievement, the Agency presented the Canada Revenue Agency with a certificate on November 1, 2004, during a ceremony at the Canadian Museum of Civilization in Gatineau.

Drawing on that success, Citizenship and Immigration Canada and Transport Canada both decided to adapt the Quality Management System—Official Languages (language of work) project to their organizations. This is an excellent example of a project that has the desired multiplier effect.

Other language-of-work projects

• Natural Resources Canada developed two checklists—one for management and one for staff—that are used to measure compliance with language-of-work obligations and determine the extent to which managers are successful in creating an environment conducive to the effective use of both official languages.
• The Atlantic Region of Public Works and Government Services Canada adopted a "people's charter" that defines standard conduct, particularly with regard to creating and maintaining an environment that is conducive to the use of both official languages.
• Parks Canada developed a pamphlet for its employees entitled Where Respect Truly Makes Sense.

Good practices aimed at second language learning and skills retention

Learning and retaining the second official language continue to be important issues, more so this year because of the coming into effect of new human resources management and language-of-work policy instruments. Retaining language skills is not always easy. It takes a great deal of motivation on the part of employees. To help them, managers have to create a work environment that is conducive to the use of both official languages. Some institutions designed tools and teaching materials. Many initiatives were also taken, such as pairing employees, days dedicated to the language of the linguistic minority, lunchtime skills maintenance sessions, meetings conducted in the second language, and the creation of many products. The following are other examples of activities carried out by institutions.

• The Department of Finance Canada implemented its internal language training program aimed primarily at development. The initiative was implemented following the success of a pilot project carried out the previous year. A central fund was created, and resources were allocated. The department also created a new page on its InfoSite entitled "Resources for improving your French and English."
• At the Canada Mortgage and Housing Corporation, employees in bilingual positions are now required to provide evidence of their efforts to use their second official language in order to maintain their skills. Those efforts will be recorded in the employees' performance appraisals. Managers, meanwhile, will be required to create conditions conducive to the use of both official languages.
• At the Courts Administration Service, bilingual employees in the Vancouver, Edmonton, Montréal, and Quebec City registries took part in an exchange program for an opportunity to use their second language skills.
• The National Research Council (NRC) was very active this year with the launch of a good practice related to language of work. To meet the needs voiced by many of its employees who wanted more opportunities to use and maintain their second language, the NRC's official languages advisory committee launched a Maintenance of Second Language Skills Campaign (see box) in September 2004.The campaign had a significant ripple effect in other institutions, which drew on it to launch their own campaigns.

Regional managers have come to understand the need for joint efforts. The Innovation Program has contributed a great deal in that regard. Three examples follow.

Quality of data in information management systems

In a context of accountability, it is important that federal institutions provide accurate and current data so that the Agency can correctly assess the implementation of the program.

Some institutions attribute problems keeping the data in the Position and Classification Information System^[35] up to date to such factors as the high turnover among the staff responsible for official languages, the December 2003 government restructuring, and the fact that the data come from operational sectors that are not part of official languages responsibilities. These weaknesses were pointed out in last year's report, and the Agency has taken action with the institutions concerned.

Conscious of senior management's role and influence, the Agency, within the framework of its mandate, reminds deputy ministers, champions, and assistant deputy ministers responsible for human resources of the importance of having accurate data in order to ensure sound human resources management.

The Agency notes an improvement for institutions that had to follow up on their 2003–04 annual reviews by taking measures to improve their situation: Correctional Service Canada, National Defence, and Library and Archives Canada.

Burolis^[36] is another database that is monitored. This directory, which contains information on all offices and service points subject to the Regulations, is updated by the institutions. Created in 1991, Burolis both provides information to the public and supports monitoring and audit activities. The Agency has therefore undertaken several initiatives to standardize and update the data in Burolis.

Resources allocated to official languages

There continue to be reports, especially in network meetings, that the impact of the budget cuts made in the 1990s is still being felt. This observation was made in the last annual report but is equally valid now. The people responsible for official languages often hold relatively junior positions, and the participants in strategic meetings do not always have sufficient decision-making authority. The Agency will continue to work with the champions and advisory committees to meet this challenge and preserve official languages expertise in institutions.

Summary of key issues

As illustrated by the overview of the key issues, there are a number of lingering problems. It is therefore important to work with the institutions concerned to

• complete the compliance review related to the Regulations in a timely manner for institutions affected by this measure;
• create the necessary controls to gather the information that institutions require if they are to meet the performance indicators established in the new policies;
• identify lasting solutions for updating the data in the Position and Classification Information System and Burolis to ensure greater accountability;
• improve bilingualism among supervisors in bilingual regions; and
• preserve official languages expertise in institutions.

The Agency will continue its awareness and support efforts to ensure that institutions meet their official languages obligations to their employees and the public.

VI.  Toward an Exemplary Public Service

As a key player in the Action Plan, the Agency helps implement the "exemplary Public Service" component. The government allocated $64.6 million in new funds over five years to make the Public Service a model in official languages and ensure that it embodies the Canadian values of respect, fairness, and inclusiveness. Some of those funds are being used to support innovative projects and strengthen the role of the Branch as a centre of excellence. The remainder is being used to increase bilingual capacity in the Public Service.

Toward horizontal co-ordination

Shortly after the release of the government's official policy statement The Next Act: New Momentum for Canada's Linguistic Duality—The Action Plan for Official Languages, the key players developed a horizontal results-based management and accountability framework. This Framework raises awareness among institutions, strengthens consultation mechanisms, and improves co-ordination of the Program as a whole. The Action Plan identifies four federal institutions (Privy Council Office, the Department of Justice Canada, Canadian Heritage, and the Agency, formerly part of the Treasury Board of Canada Secretariat) that work together to increase information sharing and thus strive for more effective public management. The structure of the Framework integrates vertical and horizontal responsibilities, providing officials with a way to determine the extent to which the Program is meeting the desired results and evaluates what does and does not work based on objective data.

Official Languages Innovation Program

Launched in 2003, the Official Languages Innovation Program immediately generated a great deal of interest. Of the $14.0 million allocated to the program, $200,000 a year is spent on program administration and, as at March 31, 2005, $2.6 million was invested in innovative projects designed to have a ripple effect on the promotion of official languages. The funds remaining for the next three fiscal years break down as follows: $3.0 million for 2005–06, $4.0 million for 2006–07, and $4.0 million for 2007–08.

The Program has two components: the Official Languages Innovation Fund, which is aimed at federal institutions and requires matching contributions, and the Regional Partnerships Fund, which is reserved for federal regional councils and does not require matching contributions. The steadily growing interest in the Program is a reflection of the importance federal institutions and federal regional councils attribute to linguistic duality.

Evaluation reports from the first phase of the Program, referred to in the last annual report, are available on the OLLO Web site.^[38]

Figures 7 and 8 show the amounts allocated since 2003.

Second phase: 2004–05

Of the 47 proposals received, 25 were selected and a total of $1.8 million was allocated. Of those 25 proposals, 10 were from federal institutions and the remaining 15 from federal regional councils. The projects cover such areas as service delivery, organizational culture, and recruitment.^[39] An example is given in the box.

For the second phase, federal regional councils and federal institutions submitted their evaluation reports on the funds received. Each report contained a description of the activities carried out and an evaluation of the initiatives funded by the project. The evaluation results will soon be posted on the OLLO Web site.^[40]

Third phase: 2005–06

Launched in December 2004, this phase has a budget of $3.0 million. This year, the OLB received 52 proposals. The Steering Committee met in February 2005 and recommended 32 projects for submission to the Treasury Board.

Strengthening the bilingual capacity of the Public Service

Strengthening bilingual capacity is another objective of the Action Plan. The strategies adopted are meant to ensure better access to language training, promote the recruitment of bilingual candidates, and conduct a review of language training and testing. A $38.6 million budget has been allocated.

Of that amount, $36.1 million over three years (2003–06) was transferred to the Canada School of Public Service to reduce waiting lists, provide specialized training for candidates with learning difficulties, facilitate access to language training, and improve language skills.

The Agency also transferred the funds needed to carry out the study of language training and testing to the Canada School of Public Service. The study, which began in May 2004, is taking stock of language training and addressing related complaints.

Under the Action Plan, $2.0 million over five years (2003–08) is helping the PSC improve the recruitment of bilingual candidates. Considerable progress has been made since the last annual report:

• The demographic analysis to determine, among other things, where bilingual Canadians live, is now complete. To follow up on that analysis, the PSC gave a series of presentations summarizing the national and provincial highlights to various interest groups.
• The PSC's Web site now includes a section entitled "Bilingual Positions in the Federal Public Service"^[41] that provides visitors with one-stop access to information on the staffing of bilingual positions.
• A directory of Canadian educational establishments that offer immersion or second-language training courses was developed to help the PSC and departments create partnerships.
• From April 1, 2004, to March 31, 2005, data were captured to get a better idea of the self-reported language skills of candidates applying for bilingual positions.
• Awareness activities were conducted. They were aimed primarily at human resources specialists, managers, language teachers, language learners, employees, and the staff of the PSC.

Other initiatives are ongoing. Some examples are as follows:

• The PSC produced a DVD explaining oral interaction requirements and the tests used to assess those required skills in the Public Service. The objective is to allay unfounded fears about the language requirements of public service positions.
• Finally, a promotional strategy was introduced for next year to reach the target populations and better inform them on job prospects, language requirements, and the way second language knowledge is assessed.

Regarding language training following a non-imperative appointment, the situation is expected to improve as a result of implementation of the Policy on Official Languages for Human Resources Management.^[42] The Policy, which came into effect on April 1, 2004, requires that positions or functions designated bilingual be filled by candidates who meet the language requirements of the position. As an exception, a position or function may be filled by an employee who does not possess the required language skills. In such a case, the institution provides language training and ensures that the bilingual functions of the position are carried out in the interim.

Implementation of the Directive on Language Training and Learning Retention,^[43] which came into effect on April 1, 2004, stipulates that language training be included in the employee training and development plan. Responsibility for language training and learning retention is shared equally by employees and managers. Employees must do their best to acquire and then use, retain, and improve their knowledge. If they are to meet that goal, they must have the support of their colleagues and their supervisor. Managers, meanwhile, must ensure that the work environment is conducive to the use of both official languages and must provide tools that will help employees maintain their skills.

The following projects approved in 2004–05 under the Innovation Program will help strengthen the bilingual capacity of the Public Service.

The Official Languages Branch: A centre of excellence

The Branch received $12.0 million over five years from the Action Plan to strengthen its role as a centre of excellence. It continues to be a catalyst for a lasting culture change conducive to the promotion of official languages.

During the year, the Branch raised its profile within its networks in order to meet information needs. In addition to its promotion and awareness activities, it strengthened its accountability—which was enhanced by a new way of designing and carrying out monitoring and by improved information management. The Branch reviewed and reorganized its policies in order to produce a set of integrated policy instruments that are easy to understand and focussed more on values.

Policy review

By April 2005, the policy review was nearing completion. The policies were updated, and the number of policies was reduced. The revised policies include performance indicators and are better adapted for posting on the Web. They emphasize principles and values. The Phase I policy instruments—a framework, a policy on language of work, a policy on human resources management, and three directives—came into effect on April 1, 2004. The reaction from users—who appreciated the simpler and clearer style—was positive. The revised policies also specify the roles and responsibilities of the stakeholders as well as the consequences of failing to meet obligations.

In her last annual report, the Commissioner of Official Languages noted that the Government of Canada made significant changes, particularly by adopting its new policy on staffing bilingual positions in 2004.

The policy instruments on communications with and services to the public, including the use of Web sites, are part of Phase II. There are three new policy instruments: the Policy on the Use of Official Languages for Communications with and Services to the Public, the Directive on the Use of Official Languages on Web Sites, and the Directive on the Use of Official Languages in Electronic Communications.^[44] These instruments do not create new obligations and should not generate additional costs for institutions. They clarify obligations, however, and allow for better implementation. Between March 2004 and February 2005, the Branch consulted many stakeholders, including the members of the two official languages advisory committees, the federal regional councils, the Fédération des communautés francophone et acadienne du Canada, and the Quebec Community Groups Network.

Leadership support

The government undertook to make the Public Service a modern institution that focusses on service to the public and promotes linguistic duality.

Senior management in each federal institution must demonstrate a clear and sustained commitment to official languages. Such accountability requires information and dialogue on actions that produce results. As a centre of excellence and broker of good practices, the Agency continues to foster dialogue with its partners. It also strives to facilitate closer ties between champions and those responsible for official languages in order to create a more strategic and proactive partnership.

The government is working to create a culture that recognizes the performance and commitment of public service employees to obtaining results for Canadians. Each year, individuals and groups of employees who are dedicated to improving their workplace and building the best Public Service possible take real action that helps change the way things are done. To recognize the full value of their contributions, the government introduced the Public Service Award of Excellence, which encompasses elements of three former government awards: the Head of the Public Service Award, the Employment Equity and Diversity Award, and the previous Award of Excellence. The award includes an official languages component and is presented annually during National Public Service Week.^[45]

Media interest in official languages

By monitoring and analyzing media coverage, the Agency gains a sense of how well policies are understood by the media and the general public. The Agency strives to correct erroneous information in order to give Canadians and employees an accurate picture. In its communications, it reiterates the message that bilingualism in the Public Service transcends obligations and rules. Giving a person—a member of the public or an employee—the opportunity to freely use the official language of his or her choice means respecting the person as an employee and as a citizen of Canada.

Official languages generated a great deal of media coverage over the last fiscal year. Most of the stories appeared in Quebec and Ontario newspapers, although there were also many articles in New Brunswick, Nova Scotia, and Saskatchewan. In several cases, the Agency contacted the media outlets concerned to provide them with accurate, clear, and relevant information.

The following table lists some of the problems raised and the Agency's response.

Awareness and promotion activities of the Official Languages Branch

The aim of awareness activities is to promote official languages so they become well rooted in day-to-day activities and to correct inaccurate information. Targeted tools and meetings made it possible to respond to many inquiries. For example, the official languages policies that came into effect on April 1, 2004, necessitated many information activities. The Branch published several leaflets in response to those inquiries and to meet the needs of managers during conferences and workshops. The leaflets, which deal with specific themes, are very popular.^[46]

To ensure that managers take official languages into consideration, the Branch regularly attends regional and national meetings. At the annual APEX^[47] conference, for example, Branch staff fielded many questions about the application of the human resources policies for executives. In April 2004, the Branch presented an interactive workshop at the Managers and Human Resources Communities National Professional Development Forum in Quebec City. The workshop, which was attended by some 60 participants, was well received. The promotional kits handed out enabled the participants to offer other workshops to better explain the new directions being taken and produce the desired multiplier effect.

The Agency took part in two pilot projects that had a ripple effect on other institutions that decided to adapt the underlying principles to their own work environment: the values-based workshop entitled Official Languages—A Matter of Respect and the Canada Revenue Agency project on the official languages quality management system. Other initiatives were made possible by the Official Languages Innovation Program. The Agency is delighted by the success of the Program. The interest it generates from coast to coast bears witness to the determination of institutions to improve the official languages situation.

The kits, leaflets, and publications are in high demand. The OLLO Web site^[48] regularly gets e-mails from institutions and the general public. The site not only provides information but also features interactive tools. Good practices found in federal institutions are posted on the site by theme. Other projects being carried out under the Official Languages Innovation Program will also be posted.

Official languages networks

The various networks are used to consult and convey information to stakeholders within institutions. These key partners promote official languages and ensure that they are taken into account in making decisions and delivering services. Whether in day-to-day operations or on a strategic level, these stakeholders ensure consistent leadership and accountability within their organization.

Official languages champions and co-champions

The two networks of champions, which include approximately 195 champions and co-champions in departments and Crown corporations, promote official languages. In addition to the annual conference, a number of meetings were held in the form of retreats, information and consultation sessions, working breakfasts, and information-sharing sessions. These meetings were opportunities to identify the issues that are often addressed and described in projects for the Innovation Program. This co-operation model encourages champions and co-champions, who are well placed to find solutions, to promote official languages in their institutions and take charge of the Program. The network of champions continues to be very active.

For approximately two years, the Council of the Network of Departmental Champions along with the Branch, has been monitoring issues surrounding the creation of an exemplary public service. The Council has 21 members, including 3 regional representatives and 1 representative each from the Agency, the Privy Council Office, and Canadian Heritage. Its mandate is to facilitate discussions among champions to help achieve the government's objectives. Created with the help of the Innovation Program, the Council is self-funding; it receives voluntary contributions from departments and agencies and contributes to core discussions on official languages.

Departmental, Crown corporation, and other advisory committees

For many years, the Branch has relied on the work of two advisory committees made up of directors and other people responsible for official languages and shared suggestions and intervention strategies with them.

Both committees hold two regular meetings throughout the year in the National Capital Region as well as a retreat that usually takes place in another region. The retreats are an excellent opportunity to meet representatives of the federal regional councils and official language minority communities.

The meetings are used to address sensitive issues and resolve common problems. A workshop on the Order, for example, was designed and presented to the institutions to ensure consistent application of this legal instrument. The meetings provide a forum for consultation, communication, and networking. Partnerships are developed, and working groups are created to study specific issues, make recommendations, and brainstorm innovative solutions. This year, the members of the Crown Corporations Advisory Committee set up a working group to develop a common vision of the role of the official language co-ordinator. This instrument will become a basic tool for any new person called on to serve as official languages co-ordinator and, more importantly, will strengthen the anchor point of the Program within institutions.

Overall, these opportunities for communication and dialogue are greatly appreciated by the institutions, which recognize the value of these meetings with their counterparts. Moreover, the Agency can benefit from the products that institutions develop; it can adapt them to the needs of all institutions subject to the Act and do so at a lower cost.

Research activity

Study on official languages and visible minorities in the federal Public Service

The Agency's Official Languages Branch and Employment Equity Branch conducted a qualitative study^[49] to determine whether official languages policies are a specific barrier to the career advancement of members of visible minorities. The study did not find any systemic barriers, but some participants expressed concerns about access to language training. The work is ongoing.

The Official Languages Branch also carried out awareness activities to ensure that the networks of designated groups are fully aware of the real policy requirements. The two branches are working together to design tools that make it possible to explain the two programs more clearly.

VII. Performance Measurement and Accountability

The continuum of strengthening accountability

Since 2003, the Branch has worked to change its methods and bring them in line with the direction set in the key documents that redefined the framework for performance measurement in government.^[50] For that reason, auditing now has two components: the audit itself and the development of self-evaluation tools. These activities are accompanied by a monitoring and information management function.

The reviews that institutions are required to submit to the Agency each year are now to include a section on the satisfaction of the public and employees and a section on follow-up. The Agency also incorporates into its call letter to institutions other elements used by the PSC. This new approach makes it possible to harmonize requests and reduce the burden on all partners.

The revised policies that came into effect on April 1, 2004, now include indicators to strengthen accountability and explain the consequences of non-compliance.

Since 2004, the new model of official languages accountability has provided for the following:

• The development of a dashboard to summarize the primary results and produce an objective assessment of the linguistic performance of each institution; a Web application is being considered. As part of the development of this dashboard, there will be an overall measurement of performance that includes more stringent performance indicators that focus more on results and client satisfaction.
• The strengthening of the monitoring program on a new foundation by adopting a new cycle better suited to the current environment and by creating a dynamic management mechanism that makes it possible to focus more directly on more problematic institutions.
• The inclusion in a synoptic table of all monitoring and audit activities carried out by the various stakeholders.

Audit activities

It bears noting that the Branch's audits have a mobilizing effect on institutions and help rally all stakeholders around a common goal. They also have a multiplier effect. Some institutions subsequently conduct an internal audit to examine the problems identified. Parks Canada, for example, conducted an internal audit following the release of the findings of the audit of Government of Canada telephone services. The Canadian Broadcasting Corporation carried out a full review of offices open to the public. It introduced a requirement that the bilingual offer symbol be displayed and reminded its front-line employees of their obligations.

Follow-up of the audit on service to the public in airports

This audit was launched in 2002–03 and covered seven high-traffic airports (Vancouver, Calgary, Winnipeg, Toronto-Pearson, Montréal-Trudeau, Greater Moncton, and Halifax). The purpose of the audit was to determine the extent to which airport authorities and the federal institutions^[51] that provide services at the airports communicate with and serve members of the public in the official language of their choice. The results, which are available on the OLLO Web site,^[52] show a gradual overall improvement in the situation.

Audit of telephone services

The purpose of this audit, launched in 2002–03, was to determine the extent to which offices and service points provide services in the official language chosen by the client and spontaneously greet the public in both official languages (active offer) where they are required to do so.

Nationally, services were available in both official languages in 82.5 per cent of cases. The average rates for the National Capital Region, Quebec (outside the NCR), and New Brunswick were above the national average, that is, 97.5 per cent, 95.8 per cent, and 94.2 per cent respectively.

With regard to active offer, clients were greeted in both official languages throughout the country in 65.8 per cent of cases. The results vary, however, depending on the type of response. There was active offer of services in both official languages for 56.9 per cent of calls answered in person, compared with 76.7 per cent of calls received by an answering machine. The results are available on the OLLO Web site.^[53]

Audit of the Application of the Policy Concerning the Language Requirements for Members of the Executive Group and the Public Service Official Languages Exclusion Approval Order

The purpose of this audit, launched in 2003–04, was to evaluate the status of two groups of executives who had to meet the language requirements of their positions by March 31, 2003, or between April 1 and December 31, 2003.

The Agency also conducted a follow-up in 2004–05 and looked at the status of 200 executives who had not met the language requirements of their positions by their deadline.

The results of the follow-up show that in August 2004, 66 of the 200 executives in the audit still did not meet the language requirements of their positions. Of those, 49 still held the same positions, but the institutions had put in place administrative measures to ensure service delivery and employee supervision in both official languages. Requests for an extension of the exemption period were submitted to the PSC for 26 of those 66 executives. The results are available on the OLLO Web site.^[54]

Audit on active offer and service to the public in both official languages in British Columbia

The purpose of this new audit, which was conducted in early 2005, was to determine whether institutions required to provide bilingual services in British Columbia met the requirements of the Act.

To do this, the Agency also ensured that signage and pictograms were available and visible in both official languages. The pamphlets, brochures, forms, and receipts must also be available and visible in both official languages. The sample comprised 15 institutions. The report is currently being written. The results will be posted on the OLLO Web site during the next fiscal year.

Review of processes and data quality in the Position and Classification Information System

The goal of this review, launched in 2004–05, is to examine the processes used in 11 departments of different sizes to capture, process, and analyze system data. Last year's annual report indicated that the reliability of the data from some institutions was inadequate. The problem persists this year.

The Agency conducted interviews with key stakeholders whose responsibilities have an impact on data quality, notably the PSC and Public Works and Government Services Canada. The review identified strengths and weaknesses and made it possible to take action where needed to accurately rectify problem situations.

Self-evaluation and monitoring tools

In the course of its operations, the Agency also designs self-evaluation tools that institutions can use to measure their official languages performance.

Linguistic needs designator

The pilot project is complete, and the linguistic needs designator is now posted on the OLLO Web site.^[55] This operational tool gives managers not specialized in official languages an indication of the number of employees needed to provide services in the official language chosen by clients.

Client satisfaction evaluation tool

The Branch indexed and analyzed the tools used by institutions to survey their clients and measure client satisfaction. The inventory generated a tool entitled Guide for the Measurement of Canadian Government Employees' Satisfaction With the Delivery of Services in the Two Official Languages, which enables institutions to evaluate satisfaction among their internal clients (departmental programs, services, and activities) and includes a component on official languages. The tool can be adapted to the specific needs of any federal institution.

At the end of March 2005, the tool was at the evaluation stage. It will be posted in the "OLLO Toolbox" section of the OLLO Web site in 2005–06.

Audit guide for official languages

The draft guide for internal audit directorates within federal institutions that was started last year was amended as a result of consultations. The guide will help institutions conduct audits of compliance with the Act, policies, and directives.

Web site linguistic quality assurance grid

The aim of this project, launched in 2003, is to create a tool that will enable institutions to ensure the linguistic quality of their Web sites. The tool underwent several changes this year to make it more user-friendly as a result of consultations.

Integrated management system for follow-up of official languages recommendations

This new project involves developing a prototype Web application for managing follow-up of official languages recommendations. The application will make it possible to co-ordinate, with the institutions involved, follow-up of recommendations made by the Office of the Commissioner of Official Languages, the parliamentary official languages committees, or any other authority. It will thus be easier to track progress.

The prototype is complete. Before sharing the application with other federal institutions, the Agency plans to develop a user guide and training software to make it easier to use.

Creation of a tool to measure the bilingual capacity of offices

Using data from its two information systems, Burolis and the Position and Classification Information System, the Agency would like to measure the bilingual capacity of offices and service points required to provide services in both official languages. The Agency is therefore developing a new tool to determine the bilingual capacity of those offices. First, the project will examine institutions for which the Treasury Board is the employer.

VIII. Analysis and Interpretation of Statistical Data

Note: The numbers and percentages in this report are based on occupied bilingual or unilingual positions. Vacant positions are not considered. It is also possible that some incumbents of unilingual positions are bilingual; however, such data is not included in the analyses. The concept of bilingual capacity is based solely on incumbents of bilingual positions.^[56]

Linguistic designation of positions or duties

Institutions for which the Treasury Board is the employer identify positions that will provide the required services, and not all those positions are designated bilingual. In fact, the number of bilingual positions varies considerably from region to region, depending on needs.

As at March 31, 2005, bilingual positions accounted for 39.7 per cent of all positions in the Public Service. The remaining positions are designated unilingual and break down as follows: 50.8 per cent English essential, 4.5 per cent French essential, and 4.8 per cent either/or (English or French). The rate of incomplete records on the linguistic designation of occupied positions amounts to 0.2 per cent (Table 2).

Figure 9 shows the percentage of bilingual positions required to serve the Canadian public and federal employees in both official languages by region.

Linguistic designation of bilingual positions by region

The percentage of bilingual positions is generally higher in some regions of the country, particularly where there are more official language minority communities. Moreover, regions designated as bilingual for language-of-work purposes, where both languages are used in the work place, also have a bearing on the number of bilingual positions. The proportion of bilingual positions is 64.7 per cent in the National Capital Region, 61.5 per cent in Quebec, 49.3 per cent in New Brunswick, and 10.2 per cent in Ontario. In the other Atlantic provinces, the proportion of designated bilingual positions is 10.6 per cent. In all of western and northern Canada, only 4.4 per cent of positions are bilingual (Table 3).

Change since 1978

The proportion of unilingual positions decreased from 75.3 per cent in 1978 to 60.1 per cent in 2005 (Table 2). The proportion of bilingual positions increased by the same margin over the same period, from 24.7 per cent in 1978 to 39.7 per cent in 2005 (Table 2).

Bilingual positions and level of bilingualism in the Public Service

The number of incumbents who meet the language requirements of their positions is growing constantly. As at March 31, 2005, the proportion was 88.5 per cent, compared with 85.2 per cent a year earlier (Table 4). There was also a decrease in the number of incumbents—both those who were exempt and those to whom the requirements apply—who did not meet the requirements.^[57] Institutions made a great effort to reconcile their data, which further reduced the proportion of incomplete records, from 2.9 per cent in 2004 to 2.5 per cent in 2005 (Table 4).

The increase in the number of bilingual incumbents is especially noteworthy because the number of positions requiring superior proficiency^[58] (level C) has also increased over the years. The proportion of bilingual positions requiring superior proficiency (level C) was 31.1 per cent (Table 5), up slightly from the previous year (30.0 per cent). Most bilingual positions—64.4 per cent—still required intermediate proficiency (level B).

Change since 1978

In 1978, 69.7 per cent of incumbents of bilingual positions met the language requirements of their positions, compared with 88.5 per cent in 2005. It should also be noted that the proficiency requirement for incumbents increased considerably. The number of incumbents requiring superior proficiency (level C) was 7.2 per cent in 1978, but rose to 31.1 per cent in 2005 (Table 5).

Official languages and service to the public

Bilingual positions and level of bilingualism in the Public Service

As at March 31, 2005, 88.6 per cent of incumbents of bilingual positions involving service to the public met the language requirements of their positions. This was roughly three percentage points higher than in the previous year (Table 6).

Furthermore, both the number and the proportion of incumbents exempt from having to meet the language requirements of their positions decreased; the proportion dropped to 5.7 per cent from 7.6 per cent a year earlier (Table 6).

The requirement of superior proficiency (level C) also increased slightly. Superior proficiency was up from 33.1 per cent to 34.3 per cent (Table 7) compared with the previous year. Intermediate proficiency (level B) decreased from 64.7 per cent to 63.8 per cent.

Change since 1978

The language skills of incumbents of bilingual positions involving service to the public have been steadily increasing over the past 27 years. Figures 10 and 11 show that the capacity for superior proficiency (level C) increased from 8.5 per cent in 1978 to 34.3 per cent in 2005 (Table 7). It should be noted that year after year departments have gradually raised the language levels of bilingual positions from intermediate (level B) to superior (level C). The minimum level (level A) decreased in both number and percentage (Table 7). In 1978, 70.4 per cent of incumbents of bilingual positions met the language requirements of their positions, compared with 88.6 per cent in 2005 (Table 6).

Figure 10 shows the change in the linguistic status of incumbents between 1978 and 2005.

Figure 11 shows the oral interaction proficiency of incumbents from 1978 to 2005.

Official languages and language of work

Institutions are required to take the measures needed to enable employees to work and be supervised in the official language of their choice in regions designated as bilingual for language-of-work purposes.

In all, 85.0 per cent of employees who perform supervisory duties—12,718 of the 14,965 incumbents of bilingual positions (Table 10)—met the language requirements of their positions, compared with 82.4 per cent a year earlier. The number of positions requiring superior second language proficiency (level C)^[59] was up slightly from the previous year, from 50.8 per cent to 51.6 per cent (Table 11).

According to the Position and Classification Information System, 84.6 per cent of executives—2,533 out of 2,994—met the language requirements (CBC) of their positions.^[60] A total of 8.8 per cent of executives (263) did not have to meet the requirements because they had a two-year exemption to attain that level.

Among employees providing internal services—positions where the duties include personal services (pay, for example) or central services (financial services, communication, library, etc.)—88.3 per cent or 21,320 of the 24,155 incumbents of bilingual positions (Table 8) met the language requirements of their positions, compared with 84.4 per cent the previous year. The number of positions requiring superior second language proficiency (level C) remained fairly steady: 25.7 per cent compared with 24.8 per cent a year earlier (Table 9).

Change since 1978

Figures 12 and 13 illustrate the linguistic status of incumbents of bilingual positions whose responsibilities include supervision in both official languages in institutions for which the Treasury Board is the employer. There is a definite improvement despite the increase in the proficiency requirement (to level C).

Official languages and participation rates

With regard to the government's commitment to ensuring that the workforce of federal institutions tends to reflect the presence of Canada's two official language communities, the situation is generally satisfactory.

Data from the 2001 Census of Canada^[61] indicate that, taking the first official language spoken into account, Anglophones make up 74.5 per cent of the population and Francophones 24.1 per cent.

In 2004–05, 72.1 per cent (333,475) of the total number of employees in institutions subject to the Act (Table 16) were Anglophone, 26.8 per cent (123,836) were Francophone, and 1.0 per cent (4,907) were unknown.

The statistics clearly show that, in the Public Service as a whole (Table 12), the participation rate of Anglophones and Francophones varies little from year to year. It stands at 68.3 per cent for Anglophones and 31.7 per cent for Francophones.

Participation rate of Anglophones in Quebec (excluding the National Capital Region)

According to our statistics (Table 12), 6.9 per cent^[62] of federal public service employees in Quebec are Anglophones. The overall participation rate of Anglophones in Quebec—data for the Public Service, Crown corporations, and other agencies combined—is 12.5 per cent, whereas Anglophones make up 12.9 per cent of the population of Quebec (according to the 2001 Census of Canada). It is worth noting that the head offices of some major corporations, such as Via Rail Canada and Air Canada, are located in Montréal. Figure 14 shows the breakdown for employees in Quebec.

Change since 1978

Figure 15 gives an overview of the participation of Anglophones and Francophones in the Public Service from 1978^[63] to 2005.^[64]

The situation has changed over the past 27 years. Nationally, and for institutions for which the Treasury Board is the employer, the participation rate of Francophones increased from 25.2 per cent in 1978 to 31.7 per cent in 2005 (Table 12). Regionally, the biggest changes were in the National Capital Region and New Brunswick (Table 12).

IX. From Commitment to Results

Upon consideration of the advances that have been made over more than three decades, it is clear that the Public Service has made tremendous strides toward making bilingualism an accepted reality that is experienced every day. Despite the effort, good will, and significant progress, however, there are still impediments that stand in the way of even the best intentions. Experience shows that many of these obstacles are related to misperceptions, which is why it is so important for the Agency to continue conducting information and awareness activities in co-operation with federal institutions.

Promoting the two official languages is an integral part of the Agency's efforts to modernize the Public Service.

The government has undertaken to modernize management practices across the Public Service, including the Official Languages Program. Its efforts focus on four areas: improving of the quality and efficiency of services, strengthening public service capacity, strengthening governance and accountability, and sound management of public resources.

The Official Languages Program is changing. In recent years, the Agency's Official Languages Branch and its partners have worked on many fronts to change the way things are done and to resolve persistent problems. The government continues to closely monitor the implementation of the Action Plan and its "exemplary Public Service" component so that official languages issues remain at the forefront of the Agency's actions.

In that regard, the popularity of the Innovation Program bears witness to a real desire to work differently and find lasting solutions to lingering problems related to official languages management in some sectors. Many other institutions have been inspired by the Program to revitalize their organizations.

As a centre of excellence, the Branch continues its efforts to identify problems in institutions and to find solutions. The results are encouraging. The Branch has also put the final touches on a number of tools designed to help institutions serve clients better and be more accountable for their performance. Other activities are planned for the year ahead.

This report is realistic. The Agency is pleased with what has been accomplished but is aware that there is still much work to be done to build the exemplary public service the government is striving to achieve. It is always searching for new methods and approaches in a constantly changing environment. The Agency learns from its strengths and weaknesses without losing sight of the ideal of linking linguistic duality to the core values of the Public Service of Canada while mindful of individuals and their rights.

X. Statistical Appendix

List of tables

The tables that follow are grouped into three categories: A, B, and C.

A. Personnel of institutions for which the Treasury Board is the employer, including certain employees of the Royal Canadian Mounted Police (RCMP) and National Defence

1. Bilingual Positions and the Pool of Bilingual Employees in the Public Service

2. Language Requirements of Positions in the Public Service

3. Language Requirements of Positions in the Public Service by Region

4. Bilingual Positions in the Public Service—Linguistic status of incumbents

5. Bilingual Positions in the Public Service—Second-language level requirements

6. Service to the Public—Bilingual Positions in the Public Service—Linguistic status of incumbents

7. Service to the Public—Bilingual Positions in the Public Service—Second-language level requirements

8. Language of Work, Internal Services—Bilingual Positions in the Public Service—Linguistic status of incumbents

9. Language of Work, Internal Services—Bilingual Positions in the Public Service—Second-language level requirements

10. Language of Work, Supervision—Bilingual Positions in the Public Service—Linguistic status of incumbents

11. Language of Work, Supervision—Bilingual Positions in the Public Service—Second-language level requirements

12. Participation of Anglophones and Francophones in the Public Service by Region

13. Participation of Anglophones and Francophones in the Public Service by Occupational Category

B. Personnel of Crown corporations and other organizations for which the Treasury Board is not the employer, including civilian and regular members of the RCMP, members of the Canadian Forces, and personnel of privatized organizations

14. Participation of Anglophones and Francophones in the RCMP and in Institutions and Organizations for which the Treasury Board Is Not the Employer, by Region

15. Participation of Anglophones and Francophones in the RCMP and in Institutions and Organizations for which the Treasury Board Is Not the Employer, by Occupational or Equivalent Category

15.A Participation of Anglophones and Francophones in the Canadian Forces

15.B Participation of Anglophones and Francophones as Regular Members of the RCMP

C. All institutions subject to the Official Languages Act

16. Participation of Anglophones and Francophones in All Institutions Subject to the Official Languages Act

Data sources

There are four data sources:

• the Official Languages Information System (OLIS) was replaced in 1988 by the Position and Classification Information System^[65] (PCIS);
• PCIS for institutions for which the Treasury Board is the employer;
• the Official Languages Information System (OLIS II), created in 1990–91, provides information on Crown corporations and separate employers whereas PCIS (previously OLIS) provides information for which the Treasury Board is the employer; and
• Burolis, the official directory of offices and points of service.

The reference year for the data in the statistical tables differs according to the system: March 31, 2005, for PCIS and Burolis and December 31, 2004, for OLIS II.

Interpretation and validity of data

Because of adjustments made over the years (for example, the creation, transformation, or the dissolution of some departments or organizations), comparisons cannot always be made using the historical data that is presented here.

Technical notes and definitions

In some tables, the data on the Public Service include an "incomplete records" column to encompass records for which some data are missing.

The data in this report for the entire public service population are taken from PCIS and differ slightly from those found in the Incumbent System.^[66] The Incumbent System contains information on all employees for whom the Treasury Board is the employer and is derived from the pay system of Public Works and Government Services Canada.

To simplify the presentation of data in the tables, numbers have been rounded to the nearest unit.