April 1, 2004
The policy statement of the Policy on the
Use of Official Languages for Communications with and Services to the Public has been added to the Policy Framework.
The Official Languages Act (OLA) is based on the Canadian
Charter of Rights and Freedoms and conveys values such as equality and respect. The Official
Languages (Communications with and Services to the Public) Regulations define the scope of certain provisions of the OLA
with respect to service to the public. Policies aim to make institutions and their employees accountable for achieving the
government's official languages objectives. The primary objectives of the official languages program are to deliver quality
services to the public through institutional bilingualism, to create and maintain a work environment conducive
to the use of both official languages, and to provide English- and French‑speaking Canadians with equal opportunities for
employment and advancement in federal institutions.
The Treasury Board (TB) is responsible for the development and general co-ordination of the policies and programs of the
Government of Canada relating to the implementation of Parts IV, V and VI of the OLA:
In all institutions subject to the OLA, except for the Senate, the House of Commons, the Library of Parliament, the Office of
the Senate Ethics Officer and the Office of the Ethics Commissioner, the deputy head is accountable for
compliance with the OLA and for implementing the following policies that flow from it:
English and French are the official languages of Canada for communications with and services to the public. Members of the
public have the right to communicate with and receive services in either English or French from offices or facilities designated
bilingual, including an institution's head or central office, offices located in the National Capital Region, and all offices of
an institution that reports directly to Parliament on its activities. These offices or facilities actively offer communications
with and services to the public in both official languages.
The institution ensures the public's right is respected when communicating with or receiving services from a third party acting
on the institution's behalf. When using media to communicate with the public, the institution ensures that its linguistic
obligations are met. The obligation to communicate with and serve the public in the official language of its choice takes
precedence over employees' language-of-work rights. These principles apply as defined in the policy requirements.
- Policy on Grants and Contributions
(to follow)
English and French are the official languages of work in federal institutions. In regions
designated as bilingual for language‑of‑work purposes, both official languages are the languages of work. In
unilingual regions, the language of work is generally the one that predominates in the province or territory. Obligations to
provide service to the public as well as supervision and personal and central services to employees take
precedence over an employee's right to use one language or the other. These principles apply as defined in the policy
requirements.
The language requirements of positions or functions are determined objectively. They reflect the duties of employees or their
work units as well as the obligations related to service to the public and language of work in the Official
Languages Act (OLA). The positions or functions of executives at the assistant deputy minister level or equivalent
are designated as bilingual at a superior level of proficiency throughout Canada. Positions or functions at other executive levels
in regions designated as bilingual for language-of-work
purposes are also designated as bilingual under the terms of this policy.
A position or function designated as bilingual is filled by a candidate who meets the language requirements of that position.
In exceptional cases, a position or function may be filled by an employee who does not possess the required language skills. The institution
then provides language training to allow the candidate to acquire these skills and takes measures to ensure that the bilingual
functions of the position are carried out in the interim.
Institutions ensure that English- and French-speaking Canadians have equal opportunities for employment and advancement while
respecting the merit principle. They use recruitment strategies that ensure equitable participation of both official language
communities.
These policies are accompanied by a set of tools (including directives which set out how the obligations in
the policies are to be met) designed for those who implement them.
Institutions subject to the OLA, except for the Senate, the House of Commons, the Library of Parliament, the Office of the
Senate Ethics Officer and the Office of the Ethics Commissioner, assess the degree to which expected results have been achieved
and report on their achievements to the Public Service Human Resources Management Agency of Canada (PSHRMAC), as stipulated in
each official languages policy and directive.
PSHRMAC monitors the implementation of the policies and directives in these institutions and the President of the Treasury
Board reports to Parliament annually on their implementation.
Any failure to respect Treasury Board (TB) policies and directives may give rise to an assessment, the results of which will be
included in the President of the Treasury Board's annual report to Parliament.
In the case of institutions for which TB is the employer, compliance with the OLA and promotion of its objectives are to be
integrated in annual performance assessments and influence ratings.
Failure to comply with policies and directives made under the OLA may result in a complaint to the Office
of the Commissioner of Official Languages under Parts IV, V, VI or section 91 of the OLA. Under Parts IV and V and section 91,
it is also possible to seek a legal remedy in the Trial Division of the Federal Court.
|