General Questions
"Federal institutions" as defined in section 3 of the Official Languages Act. For more information, refer to the
official list
of offices and service points required to provide service in both
official languages
Must you be bilingual (English and French) to obtain a
position in the federal public service?
Not necessarily. Unilingual candidates have access to many
bilingual positions if they agree to take the necessary language training, at
government expense. The government has committed itself to maintain generous
access to language training for public service employees, whether it is to meet
the needs of the institutions or for their employees' career aspirations, and if
necessary, during work hours and at government expense.
Roles and responsibilities of key
stakeholders
The Official Languages Act (the Act) clearly
states that every federal institution is responsible for implementing the Act within the context of its mandate. Furthermore, the
Act gives
the Treasury Board the responsibility of development and general co-ordination
of the federal principles and programs related to service to the public,
language of work and participation in federal institutions. The Office of the
Commissioner of Official Languages retains all the powers assigned to it by the
1969 Act. The 1988 Act strengthens its role as "language
Ombudsman" which allows it to investigate complaints and seek solutions.
The Act states that the Government of Canada is
committed to enhancing the vitality of the English and French linguistic
minority communities in Canada and to fostering the full recognition and use of
both English and French in Canadian society. The Department of Canadian Heritage
is responsible for promoting a co-ordinated approach to the implementation by
federal institutions of this commitment. Finally, the Department of Justice
ensures the existence of a society that is fair and law-abiding. More
specifically, the department assumes general responsibility for the Official
Languages Act.
Service to the
public
Must all federal offices provide service in both
official languages everywhere in Canada?
No. Some 3,400 out of 11,800 offices and service points must
provide service in either official language.
Here is the
official list
Compliance Review of the Official Languages Regulations
Why must federal institutions review the application of the Official Languages (Communications with and Services to the Public) Regulations in light of the 2001 Census data?
- The Regulations include provisions that define significant demand in terms of the size of the official language minority populations, and other provisions that take into account the volume of demand for services. In the first case, the Regulations provide for the use of the data from the most recent decennial census of the population. Thus, the provisions in the Regulations must be reapplied using the 2001 Census data.
Are all offices and service points of institutions covered by the
compliance review of the Official Languages (Communications with and Services to the Public) Regulations?
- No. Institutions that have only one office, the head office, or offices in the National Capital Region, or that report directly to Parliament are not covered by the review, since those offices are automatically required to serve the public in both official languages under sections 22
or 24 of the
Official Languages Act.
What do we mean by official language minority population?
- In the Regulations, the English or French linguistic minority population is defined as the official language minority population in a given province, as determined by Statistics Canada under "Method 1" described in its publication "Population Estimates by First Official Language Spoken". This statistical method involves combining in an objective way the various figures on knowledge of official languages, mother tongue and home language.
What are the deadlines for reviewing the application of the Official Languages (Communications with and Services to the Public)
Regulations?
- The Regulations do not stipulate a deadline for the review of significant demand in light of the decennial census data. However, since the
Official Languages Act is always in force, institutions must proceed to review the application of the Regulations without undue delay once they have been provided with the new data and the necessary tools.
Does the Public Service Human Resources Management Agency of Canada intend to provide federal departments and agencies with tools for carrying out this exercise?
- The Public Service Human Resources Management Agency of Canada will ensure that institutions have the tools necessary to carry out this regulatory compliance review exercise.
- The Public Service Human Resources Management Agency of Canada is working with Statistics Canada to obtain the tools needed for the analysis, including of course a statement of the population data on first official language spoken.
Does the Public Service Human Resources Management Agency of Canada plan to issue directives to institutions concerning
the compliance review of the Official Languages (Communications with and Services to the Public) Regulations?
- The Public Service Human Resources Management Agency of Canada plans to use various means to inform institutions of their responsibilities in this respect.
- The advisory committee meetings and the Public Service Human Resources Management Agency of Canada
Web site are among the means most likely to be used.
- Other means such as a letter or a bulletin, and even training sessions, have not been ruled out.
What assistance, in terms of human or financial resources, will the Public Service Human Resources Management Agency of Canada
provide to institutions that must carry out the compliance review of the
Official Languages (Communications with and Services to the Public)
Regulations?
- The staff of the Official Languages Branch of the Public Service Human Resources Management Agency of Canada
will advise the institutions as needed, and will provide certain types of training as applicable to help the institutions complete this exercise.
- However, the institutions are responsible for applying the rules to their offices in light of the census language data, and for complying with Treasury Board of Canada directives for measuring the demand for services in both official languages when the provisions of the
Official Languages (Communications with and Services to the Public) Regulations so require.
- Any costs associated with the exercise must be paid out of the institutions' budgets.
Language of
work
Does the Official Languages Act
specify the regions where employees of federal
institutions have the right to use either official language as the language of
work?
Yes. The designated
bilingual regions are the National Capital region, parts of northern and
eastern Ontario, the Montreal area and parts of the Eastern Townships, of the
Gaspé and western Quebec, as well as New Brunswick.
For more
information
In bilingual regions, what are federal institutions'
language of work obligations?
In order to create a work environment where employees feel
free to work in the official language of their choice, the following services
must be offered in both official languages
- staff supervision. Employees who hold bilingual positions
or positions where the use of French or English is needed must receive
instructions and their performance evaluations in the language of their choice.
Supervision of employees occupying unilingual positions is done in the language
of the position;
- work instruments for current or general use produced by or
for the institution (for example, manuals of directives, codes of conduct or
circulars); current and generalized computer systems, including software,
acquired or produced by the institution since 1991;
- central and personnel services, whatever the duties or the
language requirements of the positions; meetings of staff or committees within
departments, agencies or Crown corporations, or those where more than one
institution participates, when employees from both language groups are in
attendance. Furthermore, the institution's senior or corporate management is
responsible for ensuring operations in both official languages (for example:
holding meetings, receiving documents, and listening to presentations).
What role must management play in creating a work
environment in which employees are encouraged to use the official language of
their choice?
Senior management
- Acts as the leader for official
languages and ensures that the institution fulfils its responsibilities in this
area.
- Informs the employees of their rights and responsibilities.
- Ensures that the language preferences are respected.
- Allows employees to work in their official language.
- Provides opportunities for second-language training and
development.
Managers and supervisors
They play a key role, since
their attitude sets the tone for their unit. Among other things, they
must:
- Be able to communicate with their subordinates in the
latter's first official language;
- Encourage the employees to work in the official language of
their choice or to improve their knowledge of the second language;
- Provide performance evaluations and training or development
in the employee's official language;
- Promote the use of both official languages during meetings;
give the employees the opportunity to work together in French and in English
(for example, as part of a special project);
- Make every effort to improve their own second-language
skills.
What can the employees do to create a bilingual work
environment?
Even though this is the institution's responsibility, the
employees can play an important role. For example, they can make it a habit to
use their own official language when they communicate with their superiors or
bilingual colleagues from the other language group. This way, they can not only
exercise their language of work rights but also give their colleagues the
opportunity to develop their knowledge of the second language. They can also, if
the opportunity arises, seek to improve their second language by talking with
their colleagues from the other language group in that group's official
language.
Must all supervisors from the designated regions become
bilingual?
No. However, in these regions the supervisors must be able
to communicate with their subordinates in either language where it is indicated,
so that the work environment will be conducive to the use of both languages.
This requirement brings into play the linguistic makeup and functions of the
work units. Treasury
Board policies on language of work specify the circumstances in which
supervision must be bilingual.
To whom can we refer if we believe that these language of
work rights have not been respected?
Employees can start by raising the question with their
employers, to try and solve the issue internally. This being said, the Act provides for redress in two stages, first before the Commissioner of
Official Languages, then, if necessary, before the Federal Court.
Equitable
participation of English-Speaking and French-Speaking
canadians
Does equitable participation mean that there will be
positions reserved for each language group?
No. The government's commitment concerning participation, as
stated in the Act, provides for full compliance with the merit principle in
matters of the employment and advancement of English-speaking and
French-speaking Canadians in federal institutions.
Does equitable participation mean that quotas are not
permitted?
Exactly. The current policies explicitly prohibit setting
quotas for the benefit of either official language community. The Act
specifically requires that equitable participation occur without violating the
merit principle.
Revisions to the Treasury Board policies on the staffing of bilingual positions and on
language training in order to take learning disabilities into account
Why is there no definition of "learning disabilities" in
the policies?
It is difficult to find a definition that suits every
situation. It is best to let qualified professionals determine whether a problem
is or is not a disability. In any case, the courts have indicated that
disabilities should be accommodated on a case by case basis, and a single
definition may not be compatible with this principle.
The policies indicate that for persons with learning
disabilities the normal exemption period of two years and the prescribed number
of training hours can be extended but they don't specify by how long? Why
not?
The jurisprudence regarding learning disabilities indicates
that their accommodation must be addressed on a case by case basis. In fact, the
degree of severity of a learning disability can vary from one person to the
next, and the actual accommodations needed may vary as well.
There are disabilities other than learning disabilities
that may need accommodation. Why do these policies not mention
this?
First, the Canadian Human Rights Act requires the
accommodation of disabilities in general, even if a specific policy does not
mention disabilities. As regards the policies in question, they are policies
intended for access to language training and are thus unsuitable as policies to
deal with the accommodation of disabilities in general. However, it was
important to make specific reference to learning disabilities in view of the
Federal Court decision.
Moreover, the Employment Equity Division of Treasury Board
Secretariat is strengthening the policy regarding the accommodation of persons
with disabilities within the federal Public Service. Disabilities in general
(including learning disabilities) will be included in this wider
policy.
When a professional assessment to determine the nature of
a person's disability is needed, who has to pay for it?
When the employee needs to take language training as a
result of a position requirement (e.g., the need to staff a bilingual position
through an appointment or deployment), or as training approved by the supervisor
(e.g., for career purposes), then the institution where the person works pays
for the assessment.
Why do the policies not say whether it is possible for a
person with a disability to obtain an exclusion from having to meet the language
requirements of a bilingual position?
First, most cases of learning disabilities can probably be
accommodated through additional training hours and a longer exemption period.
For the more serious cases, if it is believed that an exclusion on compassionate
grounds is warranted, an application should be made to the Public Service
Commission, or to Deputy Heads or other heads of organizations, if the authority
to grant exclusions has been delegated to them.
The language training policy says that a department or an
institution must register an employee with a learning disability for language
training as soon as possible after the start of the exemption period in the case
of an appointment or deployment. Does this mean that a person with a learning
disability has priority over other persons?
Not necessarily. All it means is that when a department or
an institution knows a given employee needs accommodation in the form of extra
hours or exemption time, it must make the effort to have the person register as
soon as possible so as to include the most training time available within the
exemption period provided for. That does not mean that one must necessarily make
other employees wait.
Does the Second Language Evaluation System (SLE) take into account persons with disabilities, including those
with learning disabilities?
Yes. The Public Service Commission, which is responsible for
developing tests for the SLE as well as policies and procedures for
administering them, and is fully committed to employment equity policies,
provides for the accommodation of persons with physical or psychological or
other disabilities, including learning disabilities, as a result of having to
take these tests.
How does the Public Service Commission let persons know
that accommodations can be made for those with disabilities, including learning
disabilities?
This subject is dealt with in various documents regarding
the SLE prepared by the Personnel Psychology Centre of the PSC, including the SLE Administrative Procedures Manual (Chapter VII) and the information
sheets for candidates who must take the reading, writing or oral interaction
tests. The form entitled Second Language Evaluation Request Form, which
the requesting organization must send to the test centres to have members of
their staff tested, includes a section to indicate if the candidate needs
accommodation of a certain kind and, if so, invites the requestor to add a
description of the precise nature of the problem so that appropriate measures
can be taken.
The Personnel Psychology Centre has also published a document entitled Guidelines for
Assessing Persons with Disabilities
that includes information on the procedures that applicants,
as well as responsible persons in departments and agencies are to follow when
changes to language or occupational tests are needed.
Examinees and other interested persons are invited to
consult the SLE web site here.
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