OCOL - CHAPTER EIGHT: INVESTIGATIONS AND AUDITS

CHAPTER EIGHT: INVESTIGATIONS AND AUDITS

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Introduction

Every year, the Commissioner receives complaints from the public regarding the application of the Official Languages Act. Her role is to analyze the validity of these complaints and to work closely with the institutions involved to address the issues that are raised. She also carries out audits and follow-ups and makes recommendations for lasting solutions.

This chapter is divided into three sections. The first presents an analysis of complaints received in 2005-2006. The second describes various categories of complaints examined during this period that are considered to be of particular interest. The third section provides an account of audits and follow-ups completed in 2005-2006.

Analysis of complaints

The types of complaints change from one year to the next. The following is a detailed analysis for 2005-2006.

INFORMATION REQUESTS

The Compliance Assurance Branch received 492 information requests in 2005-2006, an increase of 29% from the previous year (373 in 2004-2005). Only those information requests received by the Compliance Assurance Branch are presented here; general information requests received at OCOL are not included. Of this number, 43% (213) came from English-speakers and 57% (282) from French-speakers.

COMPLAINTS

Below is a breakdown of the complaints filed over the last year:

a total of 939 complaints, representing a 19% decrease from the previous year (1,151);
74% of the complaints (694) were admissible, approximately the same percentage as in previous years;
as in previous years, most of the complaints (86%) came from Francophones;
the number of complaints filed by Anglophones fell from 213 in 2004-2005 to 127 (a decrease of 41%).

However, this follows a 47% rise between 2003-2004 and 2004-2005 and, consequently, signals a return to more usual levels.

The current number of complaints received is in line with the general trend of the last four years.

COMPLAINT INVESTIGATION PROCESS

A complaint is deemed admissible when it relates to an obligation covered by the Official Languages Act, involves a federal institution subject to the Act, and concerns a specific incident. If a complaint is admissible, it is investigated to determine whether there was a contravention of the Act (the complaint is founded) or no contravention of the Act (the complaint is unfounded).

At the end of this process, both the complainant and the institution are informed of the Commissioner's decision and are given the opportunity to comment. The Commissioner may make recommendations and follow up to ensure that these recommendations have been implemented.

When appropriate, OCOL works with the institution against which the complaint was lodged to find a quick resolution to the problem. This year, 26% of admissible complaints were handled through a rapid resolution process.

ANALYSIS OF COMPLAINTS

Figure 1 shows the origin of admissible complaints by region.

The majority of admissible complaints came from the National Capital Region (NCR) and the Atlantic provinces. This is consistent with previous years.

Figure 1 Number of admissible complaints by region April 1, 2004 to March 31, 2006

THE 10 MOST TARGETED INSTITUTIONS

This year, 357 of the 694 admissible complaints (51%) concerned 10 institutions. In general, these institutions are in close contact with the public. Table 1 provides a detailed breakdown of admissible complaints against these 10 institutions. It should be pointed out that although these complaints are admissible, they are not necessarily founded.

DEPARTMENT/INSTITUTION	TOTAL ADMISSIBLE COMPLAINTS	FOUNDED	UNFOUNDED	UNDER INVESTIGATION	OTHERS⁴¹
Table 1 Number and status of admissible complaints against the 10 most targeted institutions April 1, 2005, to March 31, 2006
Air Canada	69	21	9	33	6
Canada Post Corporation	58	32	5	21	0
Public Works and Government Services Canada	41	23	1	17	0
Canada Revenue Agency	35	15	5	15	0
Department of National Defence	34	8	7	19	0
Halifax International Airport	30	0	0	30	0
Human Resources and Skills Development Canada	26	6	5	15	0
Canada Border Services Agency	25	5	1	14	5
Environment Canada	20	6	1	13	0
Royal Canadian Mounted Police	19	0	1	18	0

ADMISSIBLE COMPLAINTS BY MAJOR CATEGORY

Of the admissible complaints made during 2005-2006:

456 complaints about language of service, a decrease from last year (587), represented 66% of admissible complaints lodged;
111 complaints (16%) were about language of work;
14 concerned equitable participation;
there has been a 14% increase in complaints about the language requirements of positions (section 91 complaints), up to 64 this year;
6 complaints concerned the promotion of English and French (Part VII of the Act).

Figure 2 Admissible complaints by major category

The following table presents the number of complaints by province/territory and by major category.

PROVINCE/ TERRITORY	ADMISSIBLE COMPLAINTS	SERVICE TO THE PUBLIC	LANGUAGE OF WORK	LANGUAGE REQUI- REMENTS OF POSITIONS	PROMOTION OF ENGLISH AND FRENCH	EQUITABLE PARTICI- PATION	OTHERS
Table 2 Number of admissible complaints by province/territory and by major category April 1, 2005 to March 31, 2006
Newfoundland and Labrador	3	3	0	0	0	0	0
Prince Edward Island	42	36	0	3	0	0	3
Nova Scotia	78	37	3	6	0	0	32⁴²
New Brunswick	63	41	6	12	1	3	0
Quebec	64	37	18	7	1	1	0
National Capital Region (Quebec)	50	18	25	6	0	1	0
National Capital Region (Ontario)	197	105	55	27	2	6	2
Ontario	80	74	3	0	2	0	1
Manitoba	35	33	0	2	0	0	0
Saskatchewan	14	12	0	1	0	1	0
Alberta	29	23	0	0	0	2	4
British Columbia	25	24	1	0	0	0	0
Yukon	5	4	0	0	0	0	1
Northwest Territories	0	0	0	0	0	0	0
Nunavut	1	1	0	0	0	0	0
Outside Canada	8	8	0	0	0	0	0
TOTAL	694	456	111	64	6	14	43

SERVICE TO THE PUBLIC

The five major categories of admissible complaints about service to the public were:

written communications (22%);
person to person communication (19%): receptionists, customs officers, postal workers, police officers, etc., who do not actively offer services in both official languages or who do not provide services in the language of choice of the client;
communications in the media (14%): nearly all of these complaints were about the lack of advertising in official language minority publications;
ground services for the travelling public (13%);
telephone communications (12%).

LANGUAGE OF WORK

OCOL processed 111 admissible complaints regarding language of work, most of which came from the National Capital Region (NCR). Of these complaints, 43 (39%) concerned internal communications and 13 (12%) involved professional development.

Figure 3 Number of admissible complaints about language of work, by languages of complainants and region April 1, 2005 to March 31, 2006

EQUITABLE PARTICIPATION

This year, there was a significant decrease in admissible complaints (from 45 to 14) concerning the lack of equitable participation of the two official language groups in the public service. This decrease marks a return to more usual levels after the increase last year, resulting from the April 2004 implementation of the Treasury Board's new policy on imperative staffing.

LANGUAGE REQUIREMENTS OF POSITIONS

This year, 9% of admissible complaints involved language requirements of positions, approximately the same proportion as last year.

PROMOTION OF ENGLISH AND FRENCH

As shown in Table 2, six admissible complaints identified contraventions of Part VII of the Act, which sets out the government's commitment to support the development of Canada's English and French speaking minorities and to foster the full recognition and use of English and French in Canadian society. This is a decrease compared with the last three years, but represents a return to previous levels.

Complaints analysis by theme

This section provides an overview of some cases processed in 2005-2006. These cases are organized according to five themes that emerged from the hundreds of complaints analyzed:

public safety and security;
Canada's image;
minority press issues;
consultations with official language minority communities; and
language training.

PUBLIC SAFETY AND SECURITY

The Official Languages Act clearly states the obligation to provide services in the user's language of choice in designated offices. It is particularly important that federal institutions comply with this obligation when the health, safety or protection of the population is at issue. Following investigations by OCOL, many institutions have put stronger measures in place to meet this obligation.

• Presentation of safety instructions on ferry boats

OCOL received a complaint regarding the unilingual English presentation of safety instructions and unilingual English signs showing the location of emergency exits aboard the Halifax-Dartmouth ferry. Following OCOL's investigation, Transport Canada arranged to have presentations in both official languages and ensured that English and French signs on safety measures were installed side by side.

• Commissionaires

Commissionaires are often the first point of contact between the public and a government department, since their duties include control of visitor access to government buildings. Following complaints criticizing the absence of bilingual services in many departments, OCOL investigated the administration of commissionaire services in federal government buildings. The investigation established that the federal government's policy grants the Canadian Corps of Commissionaires (CCC) the right of first refusal for commissionaire services inside a federal building. If the CCC is unable to provide the service requested, federal organizations may look elsewhere. However, because the procedure for establishing language requirements was vague, the CCC accepted requests but failed to provide staff with the required language skills.

The findings of this investigation prompted Public Works and Government Services Canada (PWGSC), the organization responsible for negotiating contracts, to review the government's contract with the CCC. The CCC must, in the future, assign bilingual commissionaires if an organization is required to fulfill this obligation. If it is unable to meet this requirement, it must refuse the contract. PWGSC has also modified the content of its Web site to inform organizations of their official language responsibilities, particularly regarding the hiring of commissionaires.

Another positive development is the notable effort made by Passport Canada in meeting its responsibilities. The organization instituted a series of proactive measures to raise awareness among commissionaires assigned to their offices and to ensure they had the skills required to provide front-line services to people waiting for a passport. The Commissioner congratulates Passport Canada on this initiative.

INSTITUTIONS MUST REQUIRE THAT BILINGUAL COMMISSIONAIRES BE ASSIGNED (WHERE REQUIRED).

• Environment Canada's meteorological Web site

OCOL received complaints regarding Environment Canada's meteorological services Web site, which published weather warnings that were often more detailed in English than in French. In response to the investigation, Environment Canada now publishes the information in both official languages in the same degree of detail simultaneously.

OCOL RECEIVED COMPLAINTS REGARDING ENVIRONMENT CANADA'S METEOROLOGICAL SERVICES WEB SITE.

• Canadian Air Transport Security Authority (CATSA)

The evaluation of CATSA, the organization responsible for preboarding checkpoints at airports, is far less encouraging. Although it received a detailed report containing seven recommendations in 2004, a follow-up in 2005 revealed that these had not been fully implemented. CATSA is currently working on instituting mechanisms to monitor whether pre-boarding services are provided in both official languages in airports where there is significant demand, but the issue is far from resolved. Indeed, it is still difficult to hire and retain bilingual pre-board screening officers.

CATSA must require that its subcontractors respect the language clauses in their contracts and find a way to ensure adequate bilingual services. OCOL will periodically review CATSA's official language situation.

CANADA'S IMAGE

The Government of Canada has made a strong commitment to foster full recognition and use of both official languages within Canadian society. Such a commitment requires federal organizations representing the country at home or abroad to demonstrate, promote and fully support Canada's linguistic duality.

• Foreign Affairs Canada

Over the last year, OCOL received complaints regarding the lack of services in one official language or the other. In Bangkok, it was not always possible to obtain services in French following the tsunami that hit Southeast Asia in December 2004. In Tunis, the capital of Tunisia, an English speaking client was unable to receive services in English from receptionists at two embassy offices. Following an investigation, Foreign Affairs Canada agreed to remind all mission leaders of their linguistic obligations.

The Commissioner also urged the Department to develop more comprehensive guidelines to guarantee Canadians abroad access to services in their language. Department heads cannot limit themselves to simply motivating or coaching their staff, encouraging them to fulfill their linguistic obligations. They must take concrete measures to provide services in both official languages.

• Department of National Defence (DND)

In 2005, DND deployed the Disaster Assistance Response Team on two occasions: to help victims of the tsunami in Southeast Asia, and to provide assistance when an earthquake hit Pakistan. Television viewers noted that the identification badge on uniforms bore only the English acronym, DART. Following an investigation, DND designed and ordered new bilingual badges that reflect the Canadian reality.

Incidents of this kind lead the Commissioner to wonder what could have caused a failure of this sort in the first place. Why did DND wait for complaints from citizens to act? One of the fundamental principles of the Official Languages Act requires that all federal institutions, without exception, be proactive in recognizing and demonstrating the equal status of both official languages.

• Web sites

Web sites play a decisive role in projecting Canada's image as a bilingual country around the world, as well as within its own borders. Unfortunately, this is not always well understood by third-party organizations that publish information provided or funded by a federal institution. For example, organizations in Manitoba benefiting from Health Canada's Community Action Program for Children launched a Web site in which information on projects funded by the federal government was initially not available in French. Following an investigation, the site is now produced in both official languages.

MINORITY PRESS

This is another area where federal institutions are required to take all measures necessary to assert equal respect of both language groups. The Official Languages Act requires that federal institutions publish their notices and advertisements to the public in both official languages. The Treasury Board's Policy on the Use of Official Languages for Communications with and Services to the Public, which came into effect on July 15, 2005, replaced the Guidelines on the Use of Media. The goal of these two publications is to ensure that institutions understand their obligations regarding the use of both official languages in their notices and advertisements. Therefore, the onus is on these institutions to take the necessary measures in this regard.

Unfortunately, there is no evidence that the new policy has achieved its goal of reducing the number of complaints. This year, OCOL received a total of 65 complaints regarding minority press, an increase from last year (59 in 2004-2005), although less than observed in 2003-2004 (70) and 2002-2003 (108).

When she receives complaints regarding minority press, the Commissioner immediately informs the federal organization concerned. She therefore expects that if the complaint is founded the organization will take corrective action and quickly publish the information in minority language newspapers while this information is still current and relevant. This year, the approach proved successful in 40% of cases.

CONSULTATIONS WITH OFFICIAL LANGUAGE COMMUNITIES

Part VII of the Official Languages Act commits the Government of Canada to assisting the development of official language minority communities as well as fostering the full recognition and use of both official languages within Canadian society. To date, however, although all institutions covered by the Act are subject to Part VII, only 34 of them are required to submit an action plan to Canadian Heritage. Moreover, since the adoption of Bill S-3 in November 2005, all federal institutions are now required to take positive measures to achieve the objectives set out in this Part of the Act. In the event of failure to fulfill this obligation, complainants—after having lodged a complaint with the Commissioner—will now be able to turn to the courts directly for redress. This should result in increased awareness and greater concern for compliance on the part of federal institutions, which are required to consult official language communities before implementing policies or programs affecting them. The need to raise awareness of the needs of official language communities clearly emerges from some of the complaints presented below.

When Indian and Northern Affairs and the Privy Council Office initiated talks with the government of the Northwest Territories on the possible transfer of responsibilities for natural resources, OCOL received a complaint criticizing the lack of attention to the minority language community's concerns. At the very beginning of its investigation, however, OCOL discovered that the federal organization had already established a plan that provided for consultation with official language communities, which it was preparing to implement. OCOL consequently concluded that the complaint was unfounded.

Conversely, when the Canadian Forces proposed moving the Recruitment Centre in Bathurst to Miramichi, the decision was announced without consulting the region's official language community. Following a complaint and meetings between the various parties, the Forces decided to keep the Centre in Bathurst.

If an institution does plan consultations, it should not take shortcuts. Canadian Heritage organized a series of workshops in Saskatchewan to commemorate the province's centennial. Representatives from various minority language groups in the province were invited to take part in consultations, but only the workshop held in Regina offered interpretation services. Since it was not possible to obtain interpretation services in time for the other workshops, the complaint was deemed founded. Although Canadian Heritage agreed to consult the province's minority language groups more closely to meet their needs in future consultation sessions, this Part VII complaint added to the existing frustration, since Part VII sets out very specific responsibilities for Canadian Heritage in this area.

LANGUAGE TRAINING

The Commissioner noted in the last Annual Report that the level of commitment with respect to language training varies considerably from one department to another. Most complaints on this issue concern difficulties experienced by individuals with regard to their own language training. However, in the context of the new imperative staffing policy (under which candidates are, as a rule, required to meet the language requirements of their positions before being appointed), many unilingual federal public servants have become concerned about their opportunities for advancement unless more generous access to language training is provided. OCOL also receives comments from a number of institutions about their own internal practices concerning language training, which indicate that this training is offered exclusively to employees hired (often many years earlier) on a non imperative basis who hold bilingual positions for which they still do not meet the language requirements.

Without a doubt, departments must occasionally make difficult decisions on how resources are assigned and they cannot always provide training on demand. However, the Commissioner feels that these decisions must be integrated in a coordinated approach that encompasses recruiting, training, professional development, and succession planning. Meeting language requirements must be among the skills desired of public servants, just like other generally sought competencies. The Commissioner urges government departments to establish policies on language training that include this training as professional development and take into account future legislative obligations (pursuant to both Parts IV and V of the Act). In this way, departments could earmark resources for language training and implement accountability mechanisms to assess the results of these programs. Moreover, government departments must require employees who have received training to actively use their acquired skills and to maintain these skills through regular use on the job.

Audits and follow-ups

Every year, the Commissioner performs, and follows up on, audits of a number of federal institutions. In all cases, these audits have a well defined scope; they do not constitute a complete audit of compliance with the Act. In general, the audits concern the following issues: Official Languages program management, service to the public, language of work, development of minority language communities, and promotion of equality of English and French.

OCOL completed three audits in 2005-2006.

Public Works and Government Services Canada⁴³
PURPOSE OF THE AUDIT	FINDINGS
Review the management of the Official Languages Program at Public Works and Government Services Canada, including the commitment, accountability and leadership of senior managers regarding linguistic duality within the Department.	Although some mechanisms have been implemented, the integration of official languages in the organizational culture is incomplete. Senior management must provide truly effective leadership to ensure complete integration and sound management of the Official Languages Program. The Commissioner made 12 recommendations to improve the management of the Department's Official Languages Program.

Department of National Defence⁴⁴
PURPOSE OF THE AUDIT	FINDINGS
Determine whether the Department of National Defence (DND) and the Canadian Forces (CF) have succeeded in creating a work environment conducive to the use of English and French at Headquarters.	While senior management has taken some steps to show leadership on and commitment to language of work, greater emphasis should be placed on carrying out commitments. At Headquarters, Anglophones and Francophones are not treated equitably in terms of language of work, and Francophones do not enjoy working conditions that foster the use of their language. National Defence is currently reviewing a number of its official languages policies and the CF Official Languages Model, and intends to adopt a new official languages strategic plan in 2007. Beyond policies and strategic plans, National Defence should concentrate its efforts on the core of this problem, which has been ongoing for years—namely a lack of commitment to creating an organizational culture that truly accords French the same respect as English, more than 35 years after the Official Languages Act was enacted. It is time for this institution to take the necessary measures once and for all. The Commissioner has issued 12 recommendations to DND and the CF for improving language of work at Headquarters.

Canada Border Services Agency⁴⁵
PURPOSE OF THE AUDIT	FINDINGS
Review the delivery of services in both official languages at designated bilingual border crossings.	Visits from OCOL auditors in the field revealed very mixed results in terms of active offer and in-person service delivery at designated bilingual border processing booths, at secondary inspection, inside the offices, and on the telephone. The Agency has adopted some positive practices at border crossings in southern Ontario, but these have not yielded the desired results. If the Agency really wishes to improve its performance, it must at the very least develop a formal mechanism to assess the number of bilingual positions required to meet public demand at every designated bilingual border crossing across the country. The Commissioner has issued 12 recommendations to help the Canada Border Services Agency improve all of the services (customs, immigration and food inspection) it is required to provide in both official languages at designated bilingual border crossings.

During 2005-2006, the Commissioner performed follow-up studies on two reports involving more than one institution.

Follow-up report Bridging the Digital Divide: Official Languages on the Internet⁴⁶
FOLLOW-UP OBJECTIVES	RESULTS
Follow-up on the Commissioner's recommendations in two studies published in 2002 dealing with official languages on government Internet sites and linguistic duality on external sites. Recommendations stemming from the two reports focus on three themes: encouraging the general availability of Internet tools in French; ensuring that government sites have quality English- and French-language content; and encouraging the government to implement a solid governance framework for official language issues on government sites.	Of the 28 recommendations in the two initial reports, almost half have been implemented or are about to be, five have been partially implemented, and six others have not been addressed. In addition, the Commissioner added six new recommendations to meet new challenges. Federal government sites generally meet the requirements of the Official Languages Act, although there are still some significant failures. The use of automatic translation software to develop English and French content has, in some cases, led to the posting of totally unacceptable documents. The government has undertaken a number of initiatives to bridge the digital gap between English- and French-language content. Canadian Heritage, in particular, has established language criteria for the creation of cultural Web sites subsidized by the Department. In addition, the Department now offers an impressive bilingual cultural site entitled Culture.ca. A major grant from Industry Canada was used to establish the Language Technologies Research Centre, which will conduct research for the creation of techno-linguistic tools to be available on the Internet. The digital gap still exists however, and the government must continue its efforts to ensure full official language compliance on government sites and promote the creation of French-language content.

Follow-up report For Rent: The Search for Bilingual Services in Businesses in Federal Buildings in the NCR⁴⁷
FOLLOW-UP OBJECTIVES	RESULTS
Evaluate progress since a 2004 study on the offer of bilingual services by commercial tenants in federal buildings in the National Capital Region (NCR). That study revealed that many commercial tenants in federal buildings in the NCR were providing inadequate services in both official languages. As part of that study, the Commissioner made recommendations to three institutions: the National Capital Commission (NCC), Public Works and Government Services Canada (PWGSC), and Canadian Heritage.	Since the first audit, the level of bilingualism in businesses located in NCC buildings has improved, especially in Ontario, where all services and print materials reviewed showed significant progress. NCC's success proves that effort and leadership in the area of linguistic duality are always successful. However, bilingualism has deteriorated in PWGSC buildings. Senior management at PWGSC must take up this issue and exercise the necessary leadership to implement corrective measures as soon as possible. FOLLOW-UP WITH INSTITUTIONS The Commissioner congratulates the NCC for following up on the recommendations in the initial report. PWGSC, on the other hand, has taken action on only some of the recommendations in the initial report and has not taken action on some of its commitments to the Standing Senate Committee on Official Languages and to the Commissioner. The Commissioner believes that Canadian Heritage is showing weak leadership in this area, and encourages the Department to more actively promote bilingualism in the NCR as well as linguistic duality in private-sector contexts.

Conclusion

This chapter confirms once more that leadership and determination do pay off in the area of official languages. Institutions that take the Commissioner's investigations, audits and follow-ups seriously are able to take corrective measures for the benefit of the whole of Canadian society. If institutions such as Passport Canada and the National Capital Commission have been able to put their house in order, then so can all the other institutions.

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