Ministers, as well as their staff, must act in accordance with the
prescriptions and requirements of the legislative, policy, and program framework
described here. Provisions and requirements applicable to ministers'
parliamentary, departmental, and constituency offices respectively can differ.
The Canadian Charter of Rights and Freedoms states that English and
French are the official languages of Canada and have equal rights and privileges
in all institutions of Parliament and government and sets out several other
provisions on official languages.
The Official Languages Act (1988) gives effect to the Charter
provisions on English and French as official languages. The Act and the Official
Languages (Communications with and Services to the Public) Regulations
govern the provision of service to the public in both official languages. There
are also policies concerning the application of the Act and Regulations, as well
as mechanisms in support of the Official Languages Program, most notably access
to language training and the provision of translation and interpretation
services.
Together, the Act and Regulations set out the circumstances in which
communications with the public are to take place and services are to be provided
in either official language, as the public chooses.
Section 22 of the Official Languages Act applies to those offices of
ministers located in the National Capital Region (NCR). The Regulations apply to
those offices that are not located in the NCR. The Directory of Offices and
Service Points (BUROLIS) identifies all offices and service points obligated to
provide services and communications in both official languages; it is found at http://www.burolis.gc.ca/.
Also, employees of federal institutions have the right to work in the
official language of their choice in regions designated bilingual for that
purpose when they are not serving the public, if their position is bilingual or
unilingual in their own language.
The government is committed to achieving, with due regard to the merit
principle, equitable participation, as well as equal opportunities for
employment and advancement of English-speaking and French-speaking Canadians in
federal institutions.
Each institution that is subject to the Act is responsible for its
implementation within its area of responsibility.
The Public Service Human Resources Management Agency of Canada (PSHRMAC) is
responsible for general direction and co-ordination regarding the Act's
requirements of service to the public, language of work, and equitable
participation in all institutions subject to the Official Languages Act.
The Senate, the House of Commons, and the Library of Parliament are subject to
the Act, but are not required to follow PSHRMAC policies on official languages
and are not accountable to PSHRMAC for their performance.
Ministers' offices located in the NCR must have the capacity to communicate
with and serve the public in both official languages. This obligation must
effectively be discharged in all aspects of their interface with the public,
whether written or oral. Ministers' offices must therefore have enough qualified
staff to meet these requirements, which range from simple bilingual reception,
in person or on the telephone, to the ability to deal with the public on
substantive issues in both official languages.
The NCR is one of the regions designated as bilingual for language of work.
In ministers' offices that are located in the NCR, a work environment must be
created that allows employees to use the official language of their choice when
they are not serving the public. This must be reflected in the conduct and
character of meetings, in the acceptance of documents and presentations in
either official language, and in the issuing of instructions. Employees
occupying bilingual positions or positions requiring the use of either English
or French exclusively must be supervised or have supervision available to them
in the language(s) of the position(s) supervised so that employees can speak and
write in the official language of their choice.
The Official Languages Act commits the federal government to
ensuring that English-speaking and French-speaking Canadians have equal
opportunities for employment and advancement within federal institutions without
regard to their ethnic origin or their first language. The composition of the
workforce of federal institutions should therefore reflect the presence of both
linguistic communities. Ministers' offices should take these principles into
account when establishing the composition of the personnel that will enable them
to meet their needs and the office's obligations as regards service to the
public and language of work.
Ministers' exempt staff should consult the deputy head of their respective
department for additional general information on official languages. Departments
have a director of official languages or another official responsible for
official languages. This person can answer specific questions on departmental
official languages programs, policies, and issues. More general questions may
also be directed to the Office of the Vice-President, Official Languages Branch
of PSHRMAC at (613) 952-2932.
There are support mechanisms to help meet official-language requirements in
federal institutions, including language training and translation services.
There are Treasury Board policies on determining the language requirements of
positions and the staffing of bilingual positions
(see http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/dsbp-ddpb_e.asp),
as well as a directive on language training and learning
retention (see http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/dltlr-dflma_e.asp).
There is also a guide for the use of translation services. Language training can be made available to
ministers and their staff to enable those who require a knowledge of both official languages to perform
their duties. Translation and interpretation services are also available. These services, when provided
within departments and agencies, are on a cost-recovery basis through departmental operating budgets.
The cost-recovery principle does not apply when these services are provided through the Senate, the House of
Commons, or the Library of Parliament.
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