ARCHIVED - Office of the Commissioner of Official Languages - Report

1.1 OCOL continued to work at raising awareness among federal institutions and other organizations subject to the Act of the skills required for integrating linguistic duality as an important element of leadership in order to, among other things, create a workplace conducive to the use of both official languages.

The Commissioner:

• received 1,114 complaints, of which 981 were deemed to be admissible under the Official Languages Act. In the same period, 699 admissible complaints were resolved, including 483 from prior years. A total of 512 of the new complaints received were related to language of work in the federal public service.
• published a follow-up of the 2006 audit regarding language of work at the Department of National Defence (DND) Headquarters to assess the implementation of the 12 recommendations and to measure the progress made by the institution. Overall, DND has made progress and the measures presented in the progress report look promising. OCOL is continuing to follow DND’s progress and to monitor the implementation of the Official Languages Program Transformation Model.
• published an audit of the Individual Training and Education System of the DND to determine whether military personnel in both language groups have access to training in the official language of their choice, and to ensure that there are no barriers to employment or advancement because of their choice of language of instruction. The audit report contained 20 recommendations intended to enable the Canadian Forces to better integrate official languages into the planning, management and implementation of its Individual Training and Education System.
• issued report cards to 13 federal institutions. The report cards evaluated the Official Languages Act performance of 13 federal institutions chosen for their mandate, size and number of admissible complaints. The report cards assessed the institutions’ level of compliance with Part IV (communications with and services to the public), Part V (language of work) and Part VII (advancement of English and French), by evaluating how well the institutions reflected the needs of official language communities in their program development and service delivery functions.
• published a study to establish a leadership competencies profile for official languages. OCOL adopted a new approach for this study to identify the positive behaviors of managers who foster the creation of a workplace conducive to the use of both official languages. Beyond Bilingual Meetings: Leadership Behaviours for Managers presents five recommendations and an on-line self-assessment tool for managers. Among its side benefits, the study cultivated awareness among participating managers of how their leadership inculcates a workplace conducive to the use of both official languages. 

1.2 OCOL worked with federal institutions, especially those serving the travelling public, so they would actively offer their services in both official languages.

The Commissioner:

• received 298 complaints regarding communications with and services to the public related to the travelling public.

OCOL:

• conducted an audit of Air Canada regarding Part IV of the Act, communications with and services to the public. Publication of the audit is planned in 2011–12.  
• held information sessions in collaboration with the Halifax and Moncton airport authorities in preparation for the International Association of Athletics Federations World Junior Championships in Moncton in July 2010. The sessions included representatives from the Canadian Air Transport Security Authority, Air Canada, Air Canada Jazz, the Canada Border Services Agency, both airport authorities and the Royal Canadian Mounted Police. The objective of the information sessions was to apprise the various federal institutions of their official languages obligations when interacting with the travelling public during the event.

1.3 OCOL verified and examined to what extent federal institutions and other organizations subject to the Act took into account the needs of official language communities in developing and implementing their policies and programs and in delivering their services.   

The Commissioner:

• published an audit of Service Canada in December 2010 to evaluate the services provided in both official languages by Service Canada Centres, their outreach sites and call centres. The Commissioner made seven recommendations to help Service Canada improve service delivery in both official languages at designated service points and provide services of equal quality in English and French. The Commissioner is satisfied with Service Canada’s proposed action plan of measures and timelines to implement these recommendations. 
• investigated over 109 complaints related to the advancement of English and French (Part VII). Canadian Heritage, Industry Canada, Statistics Canada and the Treasury Board Secretariat of Canada each received 21 complaints, for a total of 84 complaints, as a result of the Government of Canada’s decision to eliminate the long-form questionnaire of the 2011 Census. 

OCOL:

• initiated an audit of Industry Canada to examine the extent to which its program development and implementation considers the needs of official language communities. The audit continues into 2011–12.

1.4 OCOL reported to Parliament on how official languages and linguistic duality were handled during the Vancouver 2010 Olympic and Paralympic Winter Games, with the objective of improving the travelling public’s experience during other international events and to leave Canadians with a permanent official languages legacy.

The Commissioner:

• published the final report to Parliament on how official languages and linguistic duality were handled during the 2010 Vancouver Olympic and Paralympic Winter Games. Apart from the issues related to the use of French in the opening ceremony of the Olympic Games, it successfully reflected the fact that English and French are the two official languages of Canada and are at the core of our national identity. 
• launched a guide, Organizing a Major Sporting Event in Canada: A Practical Guide to Promoting Official Languages. This guide is based on the lessons learned at the Vancouver Winter Games. The guide will help federal institutions and organizing committees of future large-scale sporting events to better understand, plan, implement and monitor their activities toward the full respect and inclusion of English and French.   
• appeared before the House of Commons Standing Committee on Official Languages in the context of the tabling of the Commissioner’s 2009–10 Annual Report. The presentation also provided an opportunity to discuss the Commissioner’s report to Parliament on the Vancouver 2010 Olympic and Paralympic Winter Games. The Commissioner also met with the Clerk of the Privy Council Office, as well as other key ministers, to discuss the findings and recommendations contained in the two reports and to emphasize the role of various federal institutions in implementing these recommendations. The very considerable contributions of OCOL surrounding the Vancouver Games were recognized by the President of the International Olympic Committee and earned the Commissioner the Canadian Club of Vancouver Chapter’s Baldwin-Lafontaine prize. This legacy is expected to benefit the organizers of the Toronto 2015 Pan American and Parapan American Games.

2.1 OCOL raised awareness of the importance and value of linguistic duality among Canadians (Anglophones and Francophones), among youth in particular at the post-secondary level, and among key players.  

The Commissioner:

• met with university rectors and other post-secondary personnel across Canada, as well as education ministers across the country, with a view to promoting OCOL’s 2009 study Two Languages, a World of Opportunities: Second-language learning in Canada’s universities, examining the possibilities for second-language learning at Canadian universities. The first-ever survey of second-language course offerings at Canada’s 84 universities had identified important gaps that were preventing students from developing their second language skills as they pursued higher education and prepared to enter the workforce. The study was the basis for a series of round tables organized in collaboration with the provincial branches of Canadian Parents for French in the four Atlantic Provinces and Manitoba. The goal of these meetings was to reflect on the issues raised in the report and to initiate a dialogue with the participants to improve second-language learning opportunities in universities.

OCOL:

• designed, published and distributed a new poster, “Bilingualism at work / Le bilinguisme au travail,” as part of a series of information products for educators seeking enriched content on linguistic duality in the classroom. The new poster is featured in the reference guide Official Languages in the Classroom: Resources for Teachers. Demand for the products in the guide remains strong and promotes traffic on OCOL Web site.
• rewrote and redesigned its overview booklet on the Official Languages Act. Along with a new edition of the pamphlet Filing a Complaint, these products offer Canadians a plain-language explanation of the Act and a means of seeking remedy when federal institutions fail to respect their language rights.
• devoted significant promotional efforts this year to teachers and educators across the country given the important role played by secondary and postsecondary institutions in raising the profile of linguistic duality as a value in Canadian society. Specifically, OCOL engaged second-language teachers, students and parents through in-person contacts at kiosks at special events in the regions, including Linguistic Duality Day, Townshippers’ Day (in Quebec’s Eastern Townships), Canadian Parents for French regional meetings and convocation ceremonies, where OCOL also disseminated its interactive CD identifying Canadian universities with official languages learning opportunities. OCOL’s diverse resources for teachers/educators made its debut at the conference of the Canadian Association of Immersion Teachers.
• increased its participation in the Canada School of Public Service three-year pilot project (funded under the Roadmap for Canada’s Linguistic Duality 2008–13) that is sharing on-line language training tools and products with selected Canadian universities. This initiative is strengthening partnerships between the federal government and Canadian universities, providing students a better understanding of the advantages of linguistic duality in Canada, and supporting Public Service Renewal by generating more graduates capable of meeting the federal public service official languages requirement. The pilot project, which began in the winter of 2011, is already well under way, with 10 universities and more than 200 students participating. 

2.2 Encouraged regional federal councils across the country to promote linguistic duality as a value in the public service and held activities in the context of an annual Linguistic Duality Day.

OCOL:

• held regular meetings with regional federal councils and official languages committees, with a view to raising awareness among regional managers of their leadership role in creating a work environment conducive to the use of both official languages. 
• worked with the Alberta Federal Council, through its Alberta, British Columbia, Northwest Territories, Yukon and Nunavut regional office, to offer a three-day symposium in Edmonton attended by 800 delegates, entitled “AFFECTS – Connect, learn and lead.” The event targeted federal managers from northern and western Canada and sought to support their professional development. 
• collaborated, in its capacity as executive committee member of the Pacific Federal Council, on the development of a reference guide for official languages advisors in federal institutions in British Columbia. This guide will assist advisors in understanding their roles and how to better apply objectives and policies within their functions.     
• OCOL’s Ontario regional representative participated in the Ontario Federal Council’s strategic planning retreat and succeeded in including “official languages” in two of the four priorities, in particular with regard to Public Service Renewal and Management Excellence. The Council also committed to continue sponsoring and coordinating the French Language Maintenance courses that are available to federal government employees at the B and C levels in Toronto, Downsview, Burlington, Hamilton and Kingston. The Council will approach the Canada School of Public Service to develop a pilot program to provide these sessions via teleconference to a greater number of employees across the province. 
• worked through the Quebec Federal Council and its various committees and networks (including public service renewal, diversity and official languages) to encourage leadership on linguistic duality within the Quebec federal public service. The Quebec regional representatives also ensured that official languages would be a priority for the Council in its strategic plan. For example, the Council showed exemplary leadership in organizing activities to mark Linguistic Duality Day in the Quebec region.
• worked with the New Brunswick Federal Council in organizing an event to mark the fifth anniversary of amendments to Part VII of the Official Languages Act in the context of Official Languages Week 2011. The Council assembled representatives from 30 federal institutions and 29 community organizations to discuss issues relating to the implementation of Part VII. Entitled En dialogue avec la communauté, the discussion not only raised awareness among public servants of the importance of Part VII, but it also started the dialogue and helped forge links between federal public servants and the communities they serve. OCOL encouraged the involvement of federal institutions, as well as open dialogue with the community and concrete undertakings vis-à-vis Part VII. An OCOL representative also addressed the assembly, presenting the Commissioner’s Part VII implementation principles to help the federal government better understand the meaning of “positive measures”. These principles can be summarized as follows: a proactive and systematic approach and targeted treatment (the Part VII “reflex”), active participation by all Canadians, and a constant improvement process for the policies and programs according to Part VII. These principles were introduced in the Commissioner’s 2006–07 Annual Report.
• collaborated with the Canada School of Public Service in June 2010 on a presentation aimed at communications managers from federal institutions that participate in the Manitoba Federal Council. OCOL was asked to explain the communications-related obligations of federal institutions under the Act, including those relating to publicity, special events, news releases and backgrounders.

2.3 OCOL continued to act as a bridge builder between the federal government and other orders of government, as well as local governments and official language minority communities, so that public policies better reflect Canada’s linguistic duality.

The Commissioner:

• continued to monitor the implementation of the judgment of the Northwest Territories Supreme Court requiring the creation of a consultation/cooperation committee bringing together representatives of the Northwest Territories government and the Fédération franco-ténoise to consult on the drafting, implementation, administration and promotion of a comprehensive implementation plan to guide communications and services under the Northwest Territories Official Languages Act in all government institutions. 
• met with the New Brunswick Commissioner of Official Languages, as well as representatives of the University of Moncton, dignitaries, leaders and academics at a conference honouring former Supreme Court of Canada Justice Michel Bastarache.
• met with Manitoba Premier Greg Selinger to discuss issues dealing with immigration and harmonized services involving language of work. 

OCOL:

• continued to forge links with municipal government representatives by participating in the 2010 annual general meetings of the Francophone associations for Ontario and New Brunswick of municipalities, underscoring the important role played by municipalities in the promotion of linguistic duality and the development of minority language communities.

3.1 OCOL contributed to a better understanding of the implementation of Part VII of the Act in the context of the fifth anniversary of the amendments to the Act, and encouraged the government to pursue a constructive dialogue with official language minority communities.

The Commissioner:

• requested, in partnership with the Canadian Heritage Support Programs, that the Canadian Institute for Research on Linguistic Minorities conduct a comprehensive study of northern Francophone communities—Northern Francophone Communities: Vitality of Francophone Communities in the Territories (Summary of a study by the Canadian Institute for Research on Linguistic Minorities). The objective of the study was two-fold: to determine the factors that help or hinder the vitality of Francophone communities and to propose measures that could guide territorial and federal agencies, as well as community organizations, to support this vitality. The Francophone community in the Yukon organized a presentation of the study at the annual general meeting of the Association franco-yukonnaise.
• published a study entitled Vitality Indicators for Official Language Minority Communities of Three Francophone Communities in Western Canada. The study, part of a multi-year action-research project aimed at better understanding the practical aspects of assessing community vitality, has three parts: Rural Francophone communities in Saskatchewan (February 2010); The British Columbia Francophone Community (April 2010); and The Calgary Francophone Community (April 2010).  

OCOL:

• organized a discussion forum on implementing Part VII of the Act, working with a range of federal government and community stakeholders, including the Fédération des communautés francophones et acadienne du Canada, the Quebec Community Groups Network, Canadian Heritage and the Council of the Network of Official Languages Champions. About 100 representatives of federal institutions and minority language communities participated in the March 2011 forum in Ottawa, where participants learned about one another’s implementation successes and challenges and gained a better understanding of the issues associated with this Part of Canada’s Official Languages Act.
• developed a strategy for intervening with the Federal Economic Development Agency for Southern Ontario to raise the organization’s awareness of the Part VII obligations. 
• continued to monitor and collect information on the successes, challenges and issues relating to the implementation of the Roadmap for Canada’s Linguistic Duality 2008–13, and participated in formal dialogues with Canadian Heritage and Industry Canada and informal discussions with other federal government partners. OCOL also contributed to various implementation committees, such as the Citizenship and Immigration Canada – Francophone Minority Communities Steering Committee, and the Interdepartmental Research Committee on Community Economic Development.

3.2 OCOL intervened before the courts to ensure that the Act and the provisions of the Canadian Charter of Rights and Freedoms pertaining to official languages are respected and to ensure a consistent interpretation of language rights that is compatible with developing and enhancing the vitality of the country’s official language minority communities.  

The Commissioner:

• initiated a legal proceeding against CBC/Radio-Canada to obtain recognition of his authority to investigate complaints concerning that organization’s obligations under the Act. The Commissioner is also asking the Court to order CBC/Radio-Canada to fulfill its obligations under Part VII of the Act when it makes decisions that may negatively affect an official language minority community.
• intervened before the Federal Court in Thibodeau v. Air Canada. Given the importance of the issues raised in this matter, particularly with regard to the scope of Air Canada’s obligations and the systemic nature of the alleged violations, the Commissioner was granted intervenor status before the Federal Court on June 11, 2010. The case was heard by the Federal Court in March 2011.

4.1 OCOL updated its governance mechanisms to provide an accountability framework that acknowledges its independent status.  

OCOL:

• completed a horizontal A-Base review, which aimed to assess whether the organization had enough financial and human resources to deliver its mandate over the next five years. This review provided OCOL’s senior officials with a common understanding of both the organization’s resource requirements for the coming years as well as alternatives for meeting those requirements through realignment and efficiency improvements. It was determined that OCOL did not have the capacity to finance the information management/information technology (IM/IT) investments required. The A-Base review also brought to light a number of significant gaps within the workflow management and tracking process of Compliance and Assurance Branch (CAB), which undermined CAB’s ability to fully meet service standards and to potentially prevent a new backlog of cases from building. In 2010-11, CAB began work on a temporary system to track, monitor and report on workflow, pending a decision on a Treasury Board Submission requesting additional funding to update OCOL’s IM/IT systems and infrastructure. In 2011–12 OCOL will continue working with Treasury Board Secretariat officials to obtain the one-time funding required to address these critical shortfalls. 
• followed up on the recommendations of the internal audit conducted in 2009–10 on IM/IT governance by: updating the mandate of the IM/IT Advisory Committee; reviewing the IM/IT Strategic Plan; developing guidelines for improving the management of emails and guidelines for project management.   
• conducted an internal audit on integrated planning practices. Based on the preliminary observations and overall scope of the audit, OCOL has to adjust some of its practices related to the adequacy, effectiveness and rigorousness of its integrated planning process. In early 2011–12, an action plan will be prepared by management in response to the audit recommendations.
• followed up on the recommendations of the internal audit conducted in 2008–09 on human resources management practices. As a result, improvements have been made to the performance evaluation process; initiated senior executive succession plans reporting to the Commissioner; developed governance tools in performance measurement; developed guidelines and procedures for exit interviews; and reviewed the pride and recognition program. As well, actions in response to some of the internal audit recommendations have been integrated into the multi-year human resources management strategic plan presented below under 4.2.   
• strengthened its decision-making process by adding to its governance structure the recently created advisory committees (Human Resources Management and IM/IT) and by updating its delegation instruments in the areas of human resources and finance. 

4.2 OCOL updated its multi-year strategic human resources management plan (SHRMP).

OCOL:

• worked with the Human Resources Advisory Committee in identifying three corporate priorities: 1) infrastructure; 2) effective management of the work force; and 3) an enabling workplace. These priorities are presented in the strategic human resources management plan for 2010–13. 
• revamped the approach of its strategic human resources management plan to take into account the governmental priorities announced in 2010 and OCOL’s available resources.  
• continued to implement the corporate action plan developed in response to the 2008 Public Service Employee Survey (PSES) results. The action plan comprises measures to support a healthy workplace culture free of harassment and discrimination, and addressing issues of workload. The PSES action plan has been integrated into OCOL’s operational planning process in 2011–12.
• continued to increase representation of visible minorities in its workforce to 7.8% from 6.2% in this reporting period, in keeping with the 2008-11 SHRMP, which identified the Employment Equity Multi-Year Plan as a priority.  
• integrated corporate staffing strategies into the SHRMP in response to the entity audit conducted by the Public Service Commission of Canada, thus improving OCOL’s planning and reporting requirements.

The evaluation function was implemented in 2010–11 and a three-year evaluation plan approved. The first priority is to update the performance measurement framework. Work was initiated in 2010–11 and will be finalized in 2011–12. 

Implementation of this framework, as mentioned in OCOL’s 2009–10 Departmental Performance Report, and again in OCOL’s 2011–12 Report on Plans and Priorities, will be carried out over three years and will take into account the organization’s specific capacity and risks. As a result, OCOL will be in a better position to realign its reporting requirements and set appropriate and meaningful performance targets. 

The performance measurement framework must also take into account the initiative for modernizing business processes introduced in 2010–11 and the renewal of computer systems. Consequently, the expected outcomes, performance indicators and performance measurement strategies presented in this report will be refined with a view to developing and validating appropriate and meaningful performance targets by 2011–12.

The Commissioner’s overarching message is that to ensure equal status of English and French in Canada, federal institutions must demonstrate coherence and leadership. By serving the public in both English and French, by creating a workplace where employees feel comfortable using the official language of their choice, and by supporting the development of official language minority communities, federal institutions strengthen each of the components of linguistic duality. In 2010–11, OCOL:

• received 1,114 complaints, of which 981 were admissible complaints related to the implementation of the Official Languages Act; 
• resolved 699 investigations as a result of complaints; 
• published two audits and two follow-ups;
• conducted one audit and initiated one audit; 
• completed 13 report cards; and
• published five studies.

Promoting linguistic duality in Canadian society means, among other things, strengthening the vitality of official language minority communities and promoting English and French second-language learning among Canadians.

In 2010–11, to help Canadians enhance their sense of ownership of the other official language even if they do not speak it, the Commissioner:

• appeared four times before parliamentary committees;
• delivered 58 speeches;
• was quoted or reported on in over 50 media sources; and
• participated in eight conferences or symposiums.