Introduction (cont.)
Page 5 of 25
Constitutional, Legislative and Administrative Framework
The principle of advancing the equality of status of English and French, as stated in subsection 16(3) of the Canadian Charter of Rights and Freedoms, was implemented by Parliament in 1988 when it passed Part VII of the Official Languages Act, which enshrines the federal government’s commitment to:
- enhancing the vitality of English- and French-language minority communities in Canada and supporting and assisting their development;
- fostering the full recognition and use of both English and French in Canadian society.
In other words, in Part VII of the Act, the government recognizes the need to support official language minority communities and the advantages of having a bilingual country; viable linguistic communities therefore need to be maintained. Part VII also marks a major reorientation of the government’s policy, as it now emphasizes the development of official language minority communities and the full recognition and use of both English and French in Canadian society.
All federal institutions are required to take action to meet this commitment under section 41 of the Act. The Department of Canadian Heritage is responsible for coordinating the implementation of Part VII. In 2003, acting upon a recommendation of the House of Commons Standing Committee on Official Languages, the CRTC was designated by Canadian Heritage as one of 33 institutions that have a significant impact on official language minority communities and that are required to submit an action plan and annual reviews regarding implementation of section 41.
Also in 2003, under the Action Plan for Official Languages, the government adopted an Official Languages Accountability and Coordination Framework, which set out the responsibilities of all federal institutions with respect to Part VII of the Official Languages Act. These responsibilities include formal consultations with official language minority communities about policies and programs that affect them.
In October 2005, the government tabled the Framework to Manage the Official Languages Program to ensure horizontal management and more consistent implementation of policies and initiatives developed by all federal institutions.
In November 2005, Bill S-3, amending the Official Languages Act, was passed. The amendments aimed to:
- impose on all federal institutions a duty to take positive measures to implement the government’s commitment set out in section 41;
- grant the Governor in Council the power to adopt regulations prescribing the manner in which federal institutions’ duties under Part VII are to be carried out; and
- give complainants legal recourse, as stipulated under Part X of the Act.
In December 2005, the Clerk of the Privy Council sent all institutions a letter informing them of the amendments to the Act and an information sheet describing the nature and impact of the changes to Part VII.
Under this amended legislative and administrative framework, the CRTC must carry out its responsibilities with regard to the development of official language communities and the promotion of Canada’s linguistic duality. These responsibilities are compatible with the broadcasting and telecommunications legislation applied by the Commission, which seeks:
- equivalent quality of radio and television programming in English and French;
- a range of broadcasting services in both official languages;
- a reflection of linguistic duality; and
- a reflection of the regional diversity of Canada and specific needs of the regions.
This audit covers section 41 of the Official Languages Act. We verified the CRTC’s commitment to implementing section 41 of the Act as well as the measures and activities carried out to meet this obligation. We also verified how the CRTC consults official language minority communities and the mechanisms introduced to measure its performance in this area (see audit objectives and criteria in Appendix C).
