ARCHIVED - Office of the Commissioner of Official Languages - Report

Canadians receive timely and approripate responses to their complaints, requests for intervention and inquiries.

Percentage of responses by the Office of the Commissioner to complaints, requests for interventions and inquiries delivered as per service standards.

Statistics on response time

Investigations

Between April 1, 2010, and March 31, 2011, OCOL opened 1,177 files. Five of these pertained to investigations initiated by the Commissioner; 15 files were requests for an intervention by the Commissioner; 43 files were requests for information related to institutions subject to the Act; and 1,114 were complaints. Of the 1,114 complaints received, 981 were admissible complaints related to the implementation of the Official Languages Act.

During this reporting period, OCOL resolved 699 complaints of which 483 originated prior to April 1, 2010, and 216 were received during the current fiscal year.

Service Standards

Among the complaint files received between April 2010 and March 2011, 82% were processed by the Complaint Reception Centre and forwarded to investigation analysts within the three days prescribed by OCOL’s service standard for complaint investigations.

Review and analysis of sample investigation files

Investigation Process

During an evaluation of the completeness of paper records of concluded investigations, it was found that the records were complete in 85% of cases. The paper records checked did not always reflect the electronic records, and some of the documents available in electronic form had not been printed up and placed in the paper file. While this is not a major issue, the exercise did allow OCOL to identify good information management practices for its investigations.

Federal institutions and other organizations subject to the Official Languages Act are fully aware of the extent of their linguistic compliance and what they need to do to fulfill their obligations under the Act.

Extent to which investigation, audit and annual report recommendations are implemented within two years after their tabling.

Extent to which interventions led to improvements in the official languages practices of targeted federal institutions within two years of the intervention.

Follow-up and analysis of the responses received from federal institutions and organizations to investigation recommenda-tions; follow-up audit reports and files.

Implementation

In the 2007–08 Annual Report, the Commissioner encouraged federal institutions to demonstrate strong and effective leadership pertaining to official languages. The Commissioner made seven recommendations, which aimed to improve the government’s coordination of official languages efforts and achieve concrete results. Two years later, the Commissioner asked federal institutions to report on the implementation of Recommendation 7, the concrete steps taken to create a work environment more conducive to the use of both official languages. Of the 126 institutions contacted, 117 provided responses outlining their activities relating to language-of-work improvements. Of these, 70% described concrete measures designed to address the Commissioner’s recommendation. Moreover, 30% of respondents noted other language-of-work-related actions taken by the organization that were not strictly in response to Recommendation 7.

Performance Report Cards

Of the 16 institutions evaluated during the 2009-10 report card exercise published in 2010-11, five had not implemented an official languages action plan. After the evaluation, all these institutions approved and established an action plan. Also, the 16 institutions were called to appear before the House of Commons Standing Committee on Official Languages.

Audits

In October 2008, the Audit of the Bilingual Weather and Environmental Services provided on the Environment Canada Automated Telephone Network contained eight recommendations. A follow-up was conducted in October 2010. At that time four out of eight recommendations were either implemented fully or satisfactorily. The four remaining recommendations were implemented partially.

As presented in Section I of this report, a follow-up of the 2006 audit was published 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.

In 2010−11, OCOL undertook a quality assurance review of its external audit process to identify strengths and areas for improvement in its audit professional practice. This review revealed that, to a large extent, audits follow the external audit policy. However, it identified several areas where improvements could be made to enhance the efficiency and effectiveness of OCOL’s external audit policy and procedures. In 2010–11, an action plan was developed and prioritized. Emphasis was placed on monitoring and coordinating the audit process; ensuring accountability; and reviewing and approving working papers. Work continues in 2011–12 in the post-audit satisfaction questionnaires, the progressive approach to audit follow-ups and improved collaboration with institutions to ensure that audit recommendations can and are being implemented in a timely manner.

Parliament receives useful advice and information about the official languages implications of evolving legislation, regulations and policies.

Through appearances before parliamentary committees and other representations with parliamentarians.

Content analysis of:

(i) parliamentary committee reports, transcripts and Hansards;

(ii) draft versus final bills to determine whether the Commissioner’s interventions were considered.

Parliamentary Appearances by the Commissioner

The Commissioner made four appearances before the official languages parliamentary committees, addressing such issues as OCOL’s budget and operations, Volumes I and II of the Commissioner’s 2009–10 Annual Report, the Vancouver 2010 Olympic and Paralympic Winter Games report, and the Senate study on the English-speaking communities of Quebec.

The Commissioner’s presentation of Volume II of his Annual Report before the House of Commons Standing Committee on Official Languages in November 2010 was particularly influential in improving the official languages performance of federal institutions. As previously outlined in this report, the Committee invited the deputy ministers and deputy heads of the federal institutions profiled in the report to appear before the Committee and answer questions about the findings of the report cards and the measures they were taking to resolve systemic problems in their organizations.

Air Canada

As previously mentioned, the Commissioner appeared before the House of Commons Standing Committee on Official Languages to discuss language issues at the 2010 Olympic and Paralympic Games in Vancouver. During this appearance, the matter of Air Canada was raised, and afterwards the Commissioner met with the Minister of Transport, Infrastructure and Communities to discuss possible legislation concerning Air Canada. The Commissioner expressed to parliamentarians his concerns about existing Air Canada-related legislation and his view that new legislation is needed. The Commissioner also recommended, in Volume II of his 2009−10 Annual Report that the Minister of Transport bring in legislation on Air Canada and its partners. After the Annual Report was tabled on November 2, 2010, the Honourable Chuck Strahl, Minister of Transport, appeared before the House of Commons Standing Committee on Official Languages and promised to bring such legislation forward.

Bilingualism of Supreme Court judges

Bill C-232, which was tabled in the Senate on April 13, 2010, provides that all judges appointed to the Supreme Court of Canada must henceforth be able to hear cases in either official language as soon as they are appointed.

To assist parliamentarians in thinking about this matter, in May, 2010, the Commissioner appeared before the Senate and the House of Commons Standing Committees on Official Languages to give his views on the impact of the Bill on official languages in general and, more particularly, on access to justice in both official languages before this court of last resort.

Communications with and services to the public

The public, official language minority communities, the media, and federal institutions and other organizations subject to the Act have access to information and tools to understand official language rights and obligations and the importance of linguistic duality in Canada.

Reach to, and/or feedback from: the public, official language minority communities, the media and those subject to the Act about the information and tools provided and/or made available by OCOL.

Tracking and analysis of reach and feedback from selected interactions with the public, official language minority communities, the media and those subject to the Act.

Tracking and analysis of reach and/or feedback from the distribution of publications through statistics on distribution downloads of publications as well as from OCOL’s booths at events.

Communication with the Public

The Commissioner gave 58 public addresses this year, participated in eight conferences and symposiums, including as a panellist, gave numerous media interviews and held several meetings with ministers of the Crown and senior public servants to promote linguistic duality. Many of these communications emphasized the role that linguistic duality plays in promoting dialogue among Canadians and respect for the rights of linguistic minorities. Among his public appearances, the Commissioner delivered 11 major speeches to linguistic majority audiences, numbering some 6,800 people in total. A key assertion, frequently reiterated in these addresses was just how integral linguistic duality is as a fundamental value in Canada.

Annual Report

The Commissioner published his 2009–10 Annual Report Volume I in May 2010 and Volume II in November 2010. Preliminary feedback from a readership survey was positive, and key messages were effectively disseminated by the media.

Promotion and Awareness Raising

According to statistics on correspondence for the fiscal year 2010-11, OCOL received 111 requests for information not related to institutions subject to the Act. Written replies were provided in every case.

OCOL contributed to the production of the video Dare!/Osez!, which features interviews with young public servants who talk about mastery of both official languages. OCOL received the Public Service Award of Excellence in the official languages category, for its contribution to the Council of the Network of Official Languages Champions’ Dare!/Osez! Team. The award recognized some of the many federal public service employees who have demonstrated excellence, professionalism and leadership in serving Canadians.

Liaison with Official Language Communities

For the first time ever, the five linguistic commissioners (Canada, Nunavut, New Brunswick, Ontario and Northwest Territories) came together at the International Conference on Language and Territory held at Laurentian University in August 2010. The five ombudsmen seized the occasion to update one another on the status of linguistic duality and official languages challenges in their respective jurisdictions. Commissioner Fraser served as Honorary Conference Chair and participated in a special panel discussion with his four counterparts, entitled “Linguistic Spaces in Canada: the Commissioner of Official Languages’ Perspective.”

The Commissioner was invited to provide a 100-year retrospective on political representation of Francophones in Ontario during festivities marking the centenary of the Assemblée de la francophonie de l’Ontario celebrated in Ottawa in October 2010. Nearly 200 delegates representing Francophone organizations and municipal and regional governments in the province met in the nation’s capital for three days of reflection and celebration. The Commissioner also took this opportunity to meet with Ontario’s Deputy Minister of Francophone affairs to discuss issues relating to the City of Ottawa and to postsecondary education in Ontario.

The Commissioner was the guest speaker at a citizenship ceremony organized jointly by the regional office of Citizenship and Immigration Canada and OCOL. Fifty-three people from 18 countries became Canadian citizens at this ceremony held at the Leonardo Da Vinci Centre in Montréal’s predominantly Italian neighbourhood of Saint Léonard. This was an opportunity for the Commissioner to speak about linguistic duality in Canada to a new audience. It is hoped that the values associated with linguistic duality will be embraced by these new Canadians.

The Commissioner met with secondary school students from the Francophone school board of British Columbia (Conseil scolaire francophone de la Colombie-Britannique) for informal discussions about the Commissioner’s role, as well as with students from Simon Fraser University to discuss OCOL’s recent research on community vitality and second-language learning in Canadian universities.

OCOL’s Quebec regional representative attended the annual general meetings of both the Community Health and Social Services Network and the Megantic English-speaking Community Development Corporation. The Board of Directors expressed publicly its appreciation to the Commissioner for intervening with the federal Deputy Minister of Health in 2009 with regard to the funding delays that almost left the organization and its networks paralysed. The Board also endorsed the Commissioner’s recommendation in his 2009-10 Annual Report Volume I, with regard to the signing and implementation of agreements.

The Commissioner’s representative in Atlantic Canada held discussions with numerous regional partners to plan preconference activities for visible minority and Aboriginal youth in French as a second language programs in Halifax, in conjunction with a regional conference, Creating Bridges: Multiculturalism and Diversity in the 21st Century held in October 2010.

The Ontario Regional Office launched a pilot project in the autumn of 2010 to enable OCOL to strengthen its role, visibility and influence in the regions, and to ensure better alignment of strategic priorities between regional offices and Headquarters, particularly for federal institutions serving the travelling public, outreach to official language majority communities and support for minority communities. As a result of the pilot, OCOL undertook interventions with the organizing committees for the Toronto Pan/Parapan American Games and the Jeux de la Francophonie canadienne (in Sudbury), as well as with such organizations as the Federal Council, several post-secondary institutions and a downtown airport. The pilot project will continue into 2011–12.

OCOL participated in the National Congress of the Canadian Association of Immersion Teachers held in Moncton in October 2010. OCOL facilitated a well-received workshop on tools available to second-language educators. Nearly 500 immersion teachers from across the country participated in this decidedly successful congress.

OCOL’s regional representative in Saskatchewan contributed to the annual Congress of the National Federation of Francophone School Boards, promoting various tools and resources for use in the classroom.

During the Resource Fair component of the Teachers Institute on Canadian Parliamentary Democracy, held in the fall of 2010, OCOL had a booth to promote its communication tools to history, immersion and second-language teachers.

OCOL hosted a booth at the 38th Annual Convention of the Société pour la promotion de l’enseignement de l’anglais langue seconde au Québec (SPEAQ), which brings together English as a Second Language teachers in Quebec’s French-language elementary and high schools. More than 1,000 delegates generally attend this annual convention. The 2010 theme was Reach, Teach and Inspire! Delegates expressed their appreciation for the educational materials that OCOL has produced over the years, and asked for new tools for elementary students.

The 63rd Congress of the Canadian Association of French Language Education in Charlottetown in the fall of 2010 was titled « Notre identité culturelle en mouvement ». An OCOL representative unveiled a new banner of the organization targeting educators and promoted OCOL’s classroom resource kit. 

At the request of the Research and Technology Division at the Montréal Regional Office of the Canada Revenue Agency, OCOL representatives made a presentation to 80 employees. The presentation sought to provide employees with a better understanding of their rights and obligations as public servants working in a bilingual region for language of work purposes.

OCOL’s Manitoba/Saskatchewan liaison officer participated in Human Resources and Skills Development Canada’s annual Youth Mandate for Greater Involvement Network (YMAGIN) conference in Regina in January 2011. OCOL’s kiosk provided an excellent opportunity to network with Service Canada, enabling OCOL to reach new and young employees with official languages information, including the dissemination of OCOL tools and documents. 

OCOL operated a booth during the two-day North Central Teacher’s Convention in February, 2011, in Edmonton. About 7,000 teachers of kindergarten to Grade 12 had the opportunity to speak informally with OCOL representatives about Canada’s two official languages and linguistic policies and the work being done by OCOL. Pedagogical tools, including posters, teacher’s kits and OCOL’s new Hello/Bonjour red teacher’s correcting pens were available at the booth. 

OCOL encouraged Public Works and Government Services Canada (PWGSC) to take into account the issues related to Parts IV, V, VI and VII of the Official Languages Act in the context of implementing the Pay Modernization initiative and establishing a federal pay centre in Miramichi, New Brunswick. PWGSC project directors demonstrated a good understanding of issues and have already undertaken a number of measures to ensure in-depth consultation and building of working relationships with the Francophone minority community. Following this meeting, PWGSC placed a job posting in Publiservice for two bilingual imperative C-B-C manager positions at the centre in Miramichi. 

Tracking of feedback from key stakeholders and content analysis of a selection of study recommendations and formal letters to government officials to see how they influenced government policies.

Research and Studies

OCOL also sought to elaborate its corporate position vis-à-vis the use of social media within federal institutions and its impact on language of work and services to the public.

OCOL achieves a standard of organizational excellence, and managers and staff apply sound business management practices.

Ratings against certain elements of TBS’s Management Accountability Framework (MAF) (self-assessment)

Result of audited financial statements by the Office of the Auditor General of Canada

Strong or acceptable rating on 70% of MAF areas of management

As an Agent of Parliament, OCOL is not subject to a MAF assessment by TBS. Nonetheless, OCOL completed a self-assessment of the values and ethics element and the result demonstrated that OCOL met the MAF expectations. OCOL’s Audit and Evaluation Committee reviewed the results of this survey, noting an overall rating of ‘acceptable’. Despite this favourable rating, the Committee was pleased to note that management developed and implemented sectorial action plans to continuously strengthen its practices in this area. On the Committee’s advice, management consulted with other organizations that received a high rating in this area to ascertain best practices that the organization may be able to adopt. While management commenced a self-assessment of the MAF, many elements were overly cumbersome for the organization given its lack of capacity for such an endeavour during the year. Therefore, the Audit and Evaluation Committee recommended initially focusing on three elements of the MAF: values and ethics, risk management and governance. It is anticipated that this will be re-examined over the coming year.

OCOL received an unqualified opinion on its financial statements from the Office of the Auditor General of Canada, following the audit of its financial statements for 2010–11.

The Policy on Internal Control introduced in 2009-10 by the Treasury Board Secretariat, requires that the deputy head of an organization ensure the establishment, maintenance, monitoring and review of the departmental system of internal control to mitigate risks in the effectiveness and efficiency of programs, operations and resource management, including safeguarding of assets; the reliability of financial reporting; and compliance with legislation, regulations, policies and delegated authorities. OCOL completed a review of its internal controls, which led to the development of an action plan to be implemented in 2011–12.

The Audit and Evaluation Committee (AEC) produced its annual report for 2010–11. It held four meetings during that period.