GUIDE FOR THE IMPLEMENTATION OF SECTION 41 OF THE OFFICIAL LANGUAGES ACT (OLA)
INTRODUCTION
This guide was designed to facilitate the implementation of section 41 of the OLA in federal institutions (FI); it aims at helping federal institutions identify areas in which
they can act. The activities listed herein are provided as examples to stimulate reflection.
Official Languages Act (OLA) - Part VII: Advancement of English And French.
41. (1) The Government of Canada is committed to
a) Enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development; and
b) Fostering the full recognition and use of both English and French in Canadian society. (2) Every federal institution has the duty to ensure that positive measures are taken for the Implementation of the commitments under subsection (1). For greater certainty, this implementation shall be carried out while respecting the jurisdiction and powers of the provinces.
Internal activities directed at making employees and management of the FI aware of
their responsibilities regarding OLA section 41 and OLMCs.
FI internal
Creates lasting changes on FI organizational culture; employees and management
are aware of and understand their responsibilities regarding OLA section 41 and
OLMCs.
Sharing of ideas and information between FI and OLMCs to better understand each
other’s priorities and mandates, and to identify areas for OLMC development.
FI and OLMCs
Creation of lasting relationships between the FI and OLMCs; FI and OLMCs
understand each other’s needs and mandates.
Provision of information (externally) to promote the bilingual character of Canada;
provision of information to OLMCs regarding FI activities, programs and policies that
could be of interest to them.
FI to OLMCs
(information)
OLMC culture reflects an
up-to-date understanding of the FI mandate; OLMCs
receive up-to-date and relevant information about the FI programs and services
(P&S).
Cooperation and liaison (joint research, meetings, etc.) within the FI and between FI,
other government institutions (OGIs) (ie. federal departments other than the FI) and
other levels of government.
FI internal;
FI and OGIs
Co-operation with multiple partners to enhance OLMC development and vitality,
and to share best practices.
Implementation of P&S (resources, in-kind, funding, etc.) and funding for OLMCs by
the FI alone or in collaboration with OGIs; integration of OLMC needs.
FI to OLMCs
(P&S, funding)
OLMCs are part of FI regular clientele and have adequate access to P&S; OLMC
needs (eg. geographic dispersion, development opportunities) are taken into
account.
Action planning, achievement reporting, internal evaluations, policy reviews, etc.
done by region, branch, sector, FI, etc. – Integration of section 41 of OLA in the
planning and reporting mecanisms of FI
FI internal;
FI to OGIs
OLMC perspective and OLA section 41 are fully integrated into FI policies and
P&S; the reporting structure, internal evaluations, policy reviews determine how to
better integrate OLMCs.
Long-term results
Horizontal results for the Government of Canada
Better co-operation among multiple partners on OLMC
development and promotion of linguistic duality
Increased OLMC access to programs and services
offered by FI
Increased OLMC ability to live in their own language, to
participate in Canadian society and to ensure their longterm
development
Improved access to justice in both official languages
Increased participation in and improved access to education and learning in support of linguistic duality
Improved access to health and social services in the language of choice
Enhanced cultural activities in support of Canadian identity
Strengthened community economic development and language industries
Enhanced community vitality
Linguistic duality is reinforced in the institutions of Canadian society and reflected abroad
Federal institutions respect the Official Languages Act (OLA) and the Constitution
HERE AWARENESS (Federal Institution internal activities to raise awareness)
Exemplary practices/
Enhanced Vitality and Development
A1
Training and Information Sessions
Training and/or information sessions to ALL employees, including managers and new staff members, regarding OLMCs and their responsibilities under OLA section 41.
The OLMC profile within the FI is high; sufficient OLA training and/or information sessions are regularly provided to most or all employees including managers and new employees.
A2
Senior Management Information Sessions
FI holds information sessions for senior managers to encourage regular reviews of FI policies and P&S taking into account OLMCs and OLA section 41.
Information sessions are regularly held either on their own or as part of FI executive committee meetings to encourage all senior managers to conduct reviews of FI P&S and policies taking into account OLA section 41.
A3
Senior Management Performance
Integration of specific performance objectives related to OLA section 41 in senior management performance contracts and/or performance reviews.
Contracts or performance reviews of most senior managers include specific objectives related to OLA section 41; superiors take these clauses seriously when measuring manager performance.
A4
OL Champion
OL champion ensures that OLA section 41 is fully implemented in the FI; actively promotes OL and OLMC development to all employees, particularly senior management.
OL champion is an active advocate of linguistic duality and OLMC development throughout the FI; exercises leadership, particularly for senior managers, to ensure OL obligations are accounted for and at the heart of decision-making.
A5
Incentives Reward Program
Establishment of incentives to reward managers and employees for their efforts regarding OLA section 41 implementation.
Incentives exist and are regularly rewarded; well- organized mechanism in place to make regular awards to employees and managers; all employees and managers are well aware of these incentives.
A6
Internal Information Tools
Internal tools (eg. FI Intranet, newsletters, E-mails to all employees or specific groups of employees) include information and activities regarding OLA section 41 and OLMCs.
Internal information tools include relevant and up-to-date information on OLMCs and OLA section 41, such as new or revised policies and P&S for OLMCs, and are regularly used to raise awareness.
A7
Bulletin 41-42
Bulletin 41-42 is distributed to regional and branch/sector coordinators (or officers responsible for the implementation of section 41 of the OLA) , as well as FI branches and regional offices.
FI ensures systematic distribution of Bulletin 41-42 throughout the FI (to branch/sector and regional coordinators and to FI branches/sectors and regional offices); Bulletin 41-42 contributes to raise awareness.
A8
Research and Studies (internal)
OLMC perspective is taken into account in research, studies and investigations undertaken by FI.
Specific research is conducted on OLMCs and regular FI research activities consider the OLMC perspective; results regarding OLMCs are coordinated within the FI.
CONSULTATION (Sharing of ideas and information between Federal Institution and Official-Language Minorities Communities)
Exemplary practices/
Enhanced Vitality and Development
B1
Consultative Mechanisms
FI has implemented consultative mechanisms with OLMCs (consultative committees, round table meetings, working groups, appointment of OLMC representatives to permanent committees, juries, etc.) to identify OLMC concerns and needs and make sure they are taken into account
FI has established and implemented permanent formal consultation mechanisms to ensure an active integrated approach with OLMCs and regularly consults with OLMCs.
B2
Regional Offices
Regional offices consult with OLMCs to identify their concerns and needs; results are reported to the FI national coordinator (or officer responsible for the implementation of section 41) and their regional senior
management.
Regional offices meet regularly with all potential and actual OLMC clients, and always report results to the FI national coordinator and their regional senior management; OLMCs are invited to participate in FI regional activities and P&S.
B3
FI Policies and P&S
The FI consults with OLMCs at the start of and throughout the process of developing and/or revising FI policy and P&S; OLMCs are invited to suggest new policies/P&S or changes to existing policies/P&S.
FI consults with OLMCs during the process of policy and P&S development or change; FI considers OLMCs as potential target audience in the design and revision of all FI P&S and public policy.
B4
Alternate Service Delivery
FI consult with OLMCs on P&S alternate service delivery or devolution processes to identify potential effects on OLMC development.
The OLMC perspective is integrated into alternate service delivery models or devolution processes; FI representatives identify and consult with specific OLMCs whose development might be affected.
B5
FI Action Plans
FI consults with OLMCs on the development of action plans for section 41 implementation.
FI regularly consults with OLMCs to help develop and validate the action plans for the implementation of OLA section 41.
B6
Informal Consultations and Feedback from OLMCs
FI participates in activities organized by OLMCs and gives OLMCs opportunities to provide feedback and make suggestions for improvement.
Feedback is frequently requested from OLMCs by the FI and improvements are regularly made; surveys and/or focus groups are sometimes organized.
COMMUNICATIONS (Information from Federal Institution to Official-Language Minorities Communities)
Exemplary practices/
Enhanced Vitality and Development
C1
General Information to OLMCs
FI informs OLMCs of important events, announcements, activities, exhibitions, release of reports, new or modified P&S and policies.
The FI regularly provides OLMCs with timely and pertinent information, such as important events, announcements, activities, press releases, reports, P&S and policy.
C2
Media Buys
FI ensures that media buys include the purchase of advertising space and time targeted to specific OLMCs.
Media buys always include the purchase of advertising space and time for specific OLMCs; all relevant OLMCs are included.
C3
Communications Tools
FI maintains adequate communications tools to provide OLMCs with the information they need in an efficient and timely manner.
The FI has adequate tools allowing it to regularly communicate with OLMCs and provide them with up-to-date information; FI employees are properly trained and tools are well-maintained.
C4
Client Distribution Lists
OLMCs are included on client distribution lists (regular mail or e-mail) of the different FI P&S (headquarters and regional offices).
P&S information distribution lists usually or always include all relevant OLMC clients; FI distribution lists are well-maintained and accurate.
C5
Bulletin 41-42
FI publishes articles in Bulletin 41-42.
FI regularly and voluntarily contributes to Bulletin 41-42.
C6
FI Web Site
FI uses its Web site to communicate information of interest to OLMCs (in both official languages).
FI uses its Web site to communicate with OLMCs; all P&S are listed; specific Web pages dedicated to OLMCs are easy to find; Web site content is fully bilingual and updated simultaneously in both official languages.
COORDINATION AND LIAISON (No funding – Federal Institution internal coordination and liaison with other government institutions -
Networking)
Exemplary practices/
Enhanced Vitality and Development
D1
OL Champion
OL champion actively participates in the champions’ network and is a strong advocate of a full integration of all parts of the OLA within the FI.
OL champion is an active member of the champions’ network and ensures that the decision-making process within the FI takes into account official languages obligations.
D2
National Coordinator (or officer responsible for the implementation of section 41 of OLA)
A national coordinator (or officer) responsible for OLA section 41 implementation within the FI is appointed and has adequate skills and resources to do so; maintains strong relationships with OGI national coordinators.
The national coordinator is active, full-time, bilingual and has adequate resources; maintains regular communications with OGI national coordinators; where possible, the national coordinator is supported by a dedicated team.
D3
Regional/Sectoral Coordinators (or officiers responsible for the implementation fo section 41 of OLA)
FI regional/sectoral coordinators have adequate skills, training and resources to implement OLA section 41.
A national network of bilingual regional/sectoral coordinators have adequate skills, training and resources to implement OLA section 41 within the FI.
D4
FI Coordinators’ Network
FI coordinators (national and regional/sectoral) (or officiers responsible for the implementation of section 41 of OLA) maintain strong working relationships and support each other.
Close working relationships are maintained between regional/sectoral coordinators and the national coordinator; network of FI coordinators meets regularly to discuss problems and share information and best practices.
D5
Regional Councils of Senior Federal Officials
Regional coordinators (or officers responsible for the implementation of section 41 of OLA) participate in regional executive council meetings and activities related to OLA section 41.
Regional coordinators actively participate in council meetings and OLA section 41-related council activities, such as official languages sub-committees.
D6
Collaboration Between FI and OGIs
FI works together with OGIs for the benefit of OLMCs; participates in cross-OGI meetings regarding OLA section 41 and actively shares ideas such as best practices.
FI consistently works together with OGIs for the benefit of OLMCs; FI regularly participates and sometimes co-ordinates cross-OGI meetings and pro-actively shares best practices and ideas on OLA section 41.
D7
Collaboration Between FI and Other Levels of Government
FI works together with other levels of government, such as provinces/territories and municipalities, for the benefit of OLMCs.
FI has an integrated approach for excellent cooperation with other levels of government to enhance OLMC development and vitality; both FI regional offices and branches/sectors are involved; provincial/territorial agreements adequately take OLA section 41 into account.
D8
Co-operation with Canadian Heritage
FI consults regularly with Canadian Heritage (PCH) and cooperates in achieving common results regarding section 41.
FI has good communications channels and regularly consults with PCH (including at regional and program levels); is an active partner of PCH in achieving common results regarding section 41.
D9
Collaboration in Joint Research and Studies
FI collaborates with OGIs in the undertaking of specific research, and shares the methodology and research results related to OLA section 41 and OLMCs.
FI is always looking for opportunities to undertake joint research projects on OLMCs and OLA section 41; the FI and other institutions share methodology, research results on OLMCs and best practices in the area of research.
FUNDING AND PROGRAM DELIVERY (to Official-Language Minorities Communities)
Exemplary practices/
Enhanced Vitality and Development
E1
Funding and Participation in OLMC Projects
FI provides support (either financial or in-kind) and participates in OLMC projects, thereby strengthening its relationships with OLMCs.
FI regularly provides funding for, actively supports and participates in OLMC projects (e.g. monetary assistance, in-kind participation, etc.); FI has a strong relationship with OLMCs and is creative in finding other sources of funding for OLMCs.
E2
Targeted Funding
FI P&S are targeted to actual and/or potential OLMC clients; requests for proposals are sometimes targeted to specific OLMC groups.
Some FI Program &Services and requests for proposals are specifically targeted to current and potential OLMC clients which can allow for more innovation and creativity by OLMCs.
E3
Partnerships / Mutual Agreements with OGIs
FI initiates partnerships and/or mutual agreements with OGIs for the benefit of OLMCs (delivery of services, joint projects or other initiatives related to the development of OLMCs); agreements are sometimes signed with
other levels of government (memoranda of understanding, cooperation agreements, etc.).
FI has well-established partnerships; provides strong leadership in joint projects for OLMCs; FI actively works in partnerships and signs mutual agreements with OGIs; sometimes concludes agreements with other levels of government (for example, cross-OGI service centres in remote areas); FI does not need IPOLC to maximize impact of funding.
E4
OLMC Assistance
The FI offers assistance to OLMCs on how to apply for funding support from the FI and to access and identify appropriate P&S; terms and conditions of P&S take into account OLMCs.
Extensive assistance (e.g. through meetings and presentations) is provided to OLMCs on how to identify and access appropriate FI Program &Services; application processes are open, transparent and easily accessible; FI ensures that OLMCs fully understand how to apply for funding.
E5
Program Delivery
FI ensures OLMCs have access to P&S and takes into account their diversity and geographic dispersion.
FI ensures that OLMCs always have complete and easy access to P&S; FI (particularly its regions) make extra efforts to take OLMC diversity and geographic dispersion into account in P&S delivery.
Exemplary practices/
Enhanced Vitality and Development
F1
Action Plan Preparation (Institutions designated under 1994 Framework only)
FI develops annual or multi-year actions plans that clearly and accurately describe the proposed implementation of OLA section 41 into FI policies and P&S; action plans are submitted to PCH on a timely basis.
FI action plan contains clear objectives, well-defined anticipated results and planned impacts on OLMC development, clear links to OLMC priorities, and detailed measures and performance indicators; consistent with FI policy; made public, widely distributed and submitted to PCH within deadline dates.
F2
Achievement (Results) Report Preparation ((Institutions designated under 1994 Framework only)
FI prepares annual achievement reports that clearly and accurately describes the results achieved by the implementation of OLA section 41; the annual report is submitted to PCH within deadline date.
FI achievement report clearly describes how measures taken assisted the development of OLMCs; and reports results using well-defined performance indicators and evaluation mechanisms; defines national and regional impacts; widely distributed; submitted to PCH within deadline date.
F3
Progress Monitoring
National coordinator consults with regional/sectoral coordinators and P&S managers to monitor action plan progress and OLMC satisfaction; FI internal reporting structure takes OLMCs into account.
FI regularly reviews implementation of action plans and impacts on OLMC development; improvements to FI P&S are identified and implemented; national coordinator regularly consults with regional/sectoral coordinators and P&S managers regarding OLMC satisfaction and progress of OLA section 41 implementation.
F4
Evaluations and Internal Audits
Evaluations and internal audits of FI programs and services are periodically conducted, taking into account how they impact on OLMCs and how OLMC development and vitality have been enhanced.
Regular and systematic FI evaluations and internal audits always include components and criteria for determining how FI policies and P&S have impacted on OLMCs or how OLMC development and vitality have been enhanced; reports include detailed impacts on OLMCs and recommendations for improvement
F5
Integration with Planning and Reporting Processes
Implementation of OLA section 41 is taken into account in FI planning and reporting processes.
Implementation of OLA section 41 is fully integrated into all FI planning and reporting processes.
F6
Committees of FI Senior Management
Review of FI P&S and policies regarding OLA section 41 is a regular item on the agenda of FI senior management committee meetings.
Senior management committees meet regularly to review FI P&S and policies and how they relate to the implementation of OLA section 41; serious efforts are made to better address OLMC priorities within the FI mandate.
F7
Complaints
The FI actively investigates and resolves all complaints related to OLA section 41; improvements to policy and P&S are implemented.
FI actively investigates and resolve all complaints related to OLA section 41; improvements to policy and P&S are implemented; complaints are a driving force for positive change and learning.
