ARCHIVED - RPP 2007-2008
Office of the Commissioner of Official Languages

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SECTION II – ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Analysis by Program Activity

Strategic Outcome

Compliance with and respect for the Official Languages Act by the federal institutions and other organizations subject to the Act.

Program Activity Name: Compliance Assurance

Financial Resources (in thousands of dollars)

2007–2008	2008–2009	2009–2010
8,958	8,958	8,958

Human Resources (Full-time equivalents [FTEs])

2007–2008	2008–2009	2009–2010
86	86	86

Compliance Assurances brings to the attention of federal institutions and other organizations subject to the Act the need to develop sustainable solutions to issues relating to the implementation of the Official Languages Act. By investigating complaints, conducting audits, ongoing monitoring and performance measurements and maintaining a working relationship with these institutions, OCOL reinforces compliance with the Act.

The Compliance Assurance activity includes the following three sub-activities:

1. Investigations
   Receive complaints, undertake as needed investigations on compliance to the Official Languages Act and make recommendations aimed at ensuring its respect by improving its acceptance and its implementation.
2. Performance Measurement and Audit
   In order to determine the extent to which the Official Languages Act is implemented in federal institutions and in other organizations that are subject to it, analyse the linguistic performance of some forty institutions and organizations, make on-site observations and identify trends in implementing the Act. Conduct external audits and formulate recommendations concerning identified shortcomings.
3. Legal Affairs
   Provide legal advice and legal analyses to support investigations. Represent the Commissioner in court proceedings commenced under Part X of the Act when such intervention is appropriate to ensure that institutions fully respect the Official Languages Act.

Program Activity Name: Policy and Communications

Financial Resources (in thousands of dollars)

2007–2008	2008–2009	2009–2010
10,274	10,274	10,274

Human Resources (Full-time equivalents [FTEs])

2007–2008	2008–2009	2009–2010
81	81	81

Policy and Communications undertakes research and analysis to identify opportunities and implement strategies for influencing change among its stakeholders. It supports the work of parliamentary committees. It informs members of the public of the provisions and scope of the Act and on the role of the Commissioner.

Policy and Communications includes the following three sub-activities:

1. Policy, Research
   Conduct research and studies and undertake detailed analysis on policies with linguistic aspects. Explore the evolution and impact of socio-economic factors, such as Canadian demographics and current events, in order to provide strategic advice to the Commissioner and to inform the policy-making process. Act as a liaison with central agencies and national organizations, and with regional associations and communities of interest concerned with official language issues.
2. Communications
   Provide strategic communications advice to the Commissioner and undertake communications and outreach activities aimed at the public, parliamentarians, other stakeholders, and the media. Receive and manage information requests and provide information to the public on a wide variety of topics related to official languages using its Web site, print and electronic means, as well as media relations.
3. Parliamentary Relations
   Provide ongoing support to the Commissioner, as an officer of Parliament, in his dealings with parliamentarians and parliamentary committees. Examine relevant bills in order to ensure that they reflect linguistic duality, and intervene if the need arises.

Priorities

OCOL will continue its commitment to making Canada a welcoming society where English and French are equally recognized and valued. We will encourage the government to ensure that linguistic duality and cultural diversity – both fundamental Canadian values – are given their proper space in the national policy agenda and receive the recognition they deserve.

In 2007-2008, OCOL will undertake and carry out the activities described here as they pertain to each of the following four priorities:

1. Federal institutions and other organizations subject to the Official Languages Act respect and promote the equality of English and French.
2. The vitality of the official language minority communities in Canada is enhanced in sectors affecting the communities’ development.
3. The equality of English and French is recognized and fostered as a value in an increasingly diverse Canadian society.
4. OCOL develops and maintains an exemplary workplace and an effective and efficient management.

First strategic priority: Federal institutions and other organizations subject to the Official Languages Act respect and promote the equality of English and French.

Achievement of the following results will be pursued in line with this priority:

• Services of equal quality are available in English and French.
• Measures are taken to establish a workplace that is conducive to effective use of English and French as language of work.

The Commissioner will continue to stress the importance of having a public service that reflects Canada’s linguistic duality by promoting bilingualism as a necessary quality for leadership, as well as an important aspect of public service renewal.

He will encourage the Government of Canada leaders to recognize the right of Canadians to receive services of equal quality in both official languages and the right of government employees in bilingual regions to work in the official language of their choice. The Commissioner will continue to encourage leaders to aim at equitable representation of the two official language communities within their organizations.

As language ombudsman, the Commissioner will continue to receive and review complaints about non-compliance with the Act, and if necessary he will investigate and make recommendations. If he deems it appropriate, he will apply to intervene in court cases in order to achieve compliance with official language rights across Canada.

Through a more thorough media watch as well sustained monitoring of implementation of the Act, OCOL will continue to target potential problems and will take informal action before complaints are made. This will allow federal institutions and other organizations to take appropriate corrective action quickly when a compliance problem arises. OCOL will continue to work to identify other ways in which it can intervene, so as to strengthen the Commissioner’s ombudsman role.

OCOL will continue to monitor legislation tabled in Parliament that has an impact on official languages in Canada, and the Commissioner will intervene before parliamentary committees in this regard, when necessary.

With regard to the language rights of Air Canada employees and the traveling public, the Commissioner will be closely monitoring Bill C-29, which aims at amending the Air Canada Public Participation Act. The Commissioner intends to appear before the parliamentary committee studying Bill C-29 to set out his concerns about the impact of the latest restructuring of Air Canada on the language rights of its employees and the traveling public, and to suggest changes to improve the Bill and maintain linguistic rights.

One of the audits which will be initiated during the year will deal with access to health care at National Defence, following up on the recommendation of the House of Commons Standing Committee on Official Languages. OCOL will also be following up on previous audits, including the one at Public Works and Government Services Canada concerning the management of the official languages program.

Pursuant to a recommendation of the House of Commons Standing Committee on Official Languages, OCOL will publish its report on the 2006-2007 audit of health care access for which the following four institutions are responsible: Health Canada, Veterans Affairs Canada, the Royal Canadian Mounted Police and the Correctional Service of Canada. OCOL will also continue with the audits it has begun at Agriculture and Agri-Food Canada and at NavCanada (Part V – language of work).

OCOL will continue to monitor and evaluate the performance of institutions subject to the Act with regard to service to the public and language of work, and it will identify trends in these respects.

OCOL will closely monitor the implementation of proposed changes to the language-training program. As may be necessary, OCOL will intervene before key institutions such as the Public Service Human Resources Management Agency of Canada, the Canada School of Public Service, and the Public Service Commission to ensure that existing policies and regulations are adequately implemented.

As ombudsman and protector of Canadians’ language rights, the Commissioner supports dialogue and cooperation to achieve compliance by federal institutions and other organizations with the Official Languages Act. However complainants may have to seek remedies from the courts when federal institutions and other organizations fail to take the necessary measures to follow up on OCOL investigations and fulfill their obligations. The Act gives the Commissioner the power to intervene in such applications to the courts. Generally he exercises this power when other methods available to him have not borne fruit, or when the remedy application raises significant legal issues bearing on the interpretation of the public’s language rights or the obligations of federal institutions and other organizations.

For example, OCOL intervened when Mr. Thibodeau went to Federal Court to argue that Air Canada’s obligations to the traveling public are obligations of result rather than obligations of means, as Air Canada maintained. The Federal Court adopted the OCOL position, and Air Canada is now appealing this finding to the Federal Court of Appeal. OCOL has decided to intervene in the Court of Appeal case. The decision which the Court may hand down over the coming year will have an impact not only on Air Canada but on all federal institutions.

Expected Results

• Continued support for official bilingualism.
• Preservation of the availability of service in both official languages.
• An increase in the use of both official languages by federal public servants, both in their place of work and in the provision of services to the public.

Second strategic priority: The vitality of the official language minority communities in Canada is enhanced in sectors affecting the communities’ development.

Achievement of the following results will be pursued in line with this priority:

• Federal institutions and other organizations subject to the Official Languages Act consider the needs of linguistic minority communities in the development and implementation of their strategic plans, policies and programs and are accountable for measures taken and results achieved.
• The federal government encourages and supports provincial and territorial governments in taking measures to enhance the vitality of linguistic minority communities.

The Commissioner will continue to investigate complaints related to Part VII of the Act (promotion of French and English). Specifically, he will complete his investigation of complaints received by OCOL in connection with the 2006 expenditure review, which resulted in a number of budget cuts. Among the cuts to be investigated with regard to their impact on the promotion of English and French are the elimination of funding for the Court Challenges Program, the administrative cuts at Status of Women Canada, and the budget cuts related to the Adult Learning, Literacy and Essential Skills Program.

OCOL will continue to closely monitor the federal government’s implementation of the amendments made to Part VII of Act and will propose constructive strategies for moving forward, with an emphasis on results.

In particular, OCOL will monitor the coordinating role of Canadian Heritage and the actions of federal institutions in fulfilling their obligations under the Part VII of the Act (pursuant to s.41(2)). Federal institutions have the duty to take positive measures to enhance the vitality of the English and French linguistic minority communities in Canada, to support and assist their development, and to foster the full recognition and use of both English and French in Canadian society. In addition, OCOL will undertake communication and promotion activities that contribute to an increased public awareness of Part VII of the Act.

The Commissioner will also continue to follow up on the audit of Industry Canada and the regional economic development agencies with respect to linguistic minority community development. He will continue to monitor the performance of institutions with regard to the measures they undertake to promote the development of these communities.

During the next year, OCOL will encourage the government to reflect on and evaluate the results achieved to date for official language minority community development stemming from the federal Action Plan for Official Languages.

As the Action Plan is entering into its fifth and final year, OCOL will continue to remind the government of the importance of the need for further investments in official languages, while maintaining current gains.

With regard to access to justice in the two official languages, the Commissioner will be monitoring developments related to Bill C-23, which amends the Criminal Code provisions on the language rights of accused persons. Among other initiatives, he will elaborate a strategy for working with the Department of Justice and with parliamentarians during consideration of this Bill.

OCOL will work with Statistics Canada on the post-census study on official language minority communities, with data expected to be available at the end of 2007. This study will provide us with a portrait of official language communities and will enable us to better orient our research work with these communities in the coming years.

As well, OCOL will continue its research project on indicators of vitality in official language minority communities. In addition to the current case studies of the francophone communities in Halifax, Winnipeg and Sudbury, OCOL will examine community development initiatives for the anglophone population in three Quebec communities that will help to identify specific indicators that can be used to measure vitality.

OCOL will continue to monitor files that have an impact on the vitality of official language minority communities (health, education, justice, immigration, culture, economic development, etc.), in order to identify emerging issues and propose recommendations.

OCOL will publish a study on the support given by the federal government to arts and culture in official language minority communities, and to the artists from these communities. The study will examine the special challenges faced by artistic communities and cultural organizations in minority situations and recommend ways that the federal government can address these issues.

OCOL will continue to encourage the language communities, as well as federal, provincial and territorial departments and agencies, to create networks in order to identify and share best practices, and to work together to assure the sustainability and vitality of official language minority communities.

OCOL will continue to work proactively with councils of senior federal officials. It will support them in leadership development and encourage activities that will help their member institutions to meet their obligations under Act.

Expected Results

• Greater recognition and understanding by institutions of their obligations related to official language minority communities and their needs.
• Positive measures are taken by federal institutions to sustain and enhance the vitality of official language minority communities.

Third strategic priority: The equality of English and French is recognized and fostered as a value in an increasingly diverse Canadian society.

Achievement of the following results will be pursued in line with this priority:

• Federal institutions and other organizations subject to the Act integrate linguistic duality into the development and implementation of their policies and programs.
• There is sustained public support for linguistic duality as a value in Canadian society.

The Commissioner will continue to investigate complaints based on the letter of the Act, while giving due consideration to its spirit.

The Commissioner, as a bridge builder in Canadian society, will help to bring together Canadians of different linguistic and cultural backgrounds. In this regard, OCOL will take measures to better understand the attitudes of immigrant Canadians toward the notion of linguistic duality, and suggest ways to promote intercultural dialogue among Canadians.

The Commissioner will continue to monitor the government’s actions to ensure an equal presence of Canada’s two official languages in all aspects of the 2010 Winter Olympic Games in Vancouver, including an examination of plans and measures that have been put in place to date and recommendations for the future.

OCOL intends to audit the Canadian Broadcasting Corporation with regard to its obligations to promote linguistic duality and official language minority community development. On the same topic, there will also be a follow-up on the audit of the Canadian Tourism Commission. OCOL will continue to monitor the performance of a number of institutions in this regard.

By publishing “success stories” in the Commissioner’s annual report, OCOL will continue to highlight organizations which stand out, in 2007-2008, for their special efforts and innovative approaches in the area of official languages.

In the coming year, OCOL will examine best practices in other countries, particularly in Europe, in promoting multilingualism and intercultural understanding, to see if any strategies could be adapted to the Canadian context.

With recent surveys showing support for bilingualism in Canada at its highest levels, OCOL will seek to better understand the sociological reasons behind changing perspectives in Canadian society.

As well, OCOL will publish a study on linguistic duality in the television production industry in Canada that will allow us to better understand the issue and make recommendations to the government on the development of minority language television production and the vitality of French-language television production across Canada.

OCOL will publish a study on the practices of research funding agencies and their ability to encourage research on linguistic duality, and the production of research by official language community researchers.

It will undertake activities to promote linguistic duality across Canada, highlighting the importance of second-language learning and the complementary nature of linguistic duality and cultural diversity. In this regard, OCOL will consider hosting a discussion forum.

As well, OCOL will continue to address the importance of promoting the learning of Canada’s two official languages throughout the education continuum, both in terms of first language and second language instruction.

OCOL will continue to monitor the government’s progress in implementing its commitments to second-language education outlined in the Action Plan for Official Languages, in particular its target of having 50% of Canadian high school graduates functionally bilingual by 2013.

Measures will be taken to encourage the government to fully implement the section of Part VII of the Act that obliges federal institutions to take positive measures to ensure the full use and recognition of English and French in Canadian society.

OCOL will develop communications strategies and tools to transmit its message to the Canadian public and to federal institutions and other organizations subject to the Act, including new communications products and a revamped website aimed at enhancing public awareness of linguistic duality as a fundamental Canadian value.

Expected Results

• Enhanced commitment of federal institutions and other organizations subject to the Act to incorporate linguistic duality into policies and programs.
• A growing understanding of the meaning and importance of linguistic duality on the part of Canadians.
• Over time, there is sustained support for linguistic duality among opinion leaders in Canada.

Fourth strategic priority: OCOL develops and maintains an exemplary workplace and an effective and efficient management.

Achievement of the following results will be pursued in line with this priority:

• A knowledge-based environment, where sound and clear leadership prevails, is being encouraged.
• Risk management is embedded into OCOL practices as part of modern management.

We exist to serve Parliament, and ultimately Canadians, and our ability to manage responsibly and efficiently in carrying out OCOL’s mandate with a focus on achieving results is always at the heart of our daily activities.

Under this priority, OCOL will continue to take measures to strengthen its management performance through its Results-based Management Accountability Framework. The work undertaken last fiscal years will continue in 2007-2008 in order to define and apply performance indicators and methods for evaluating and auditing OCOL’s activities. OCOL will see to it that its internal activities and operational processes are efficient and effective.

OCOL will also work to maintain a culture of accountability where roles and responsibilities are clearly defined, so as to have a high degree of transparency for parliamentarians. As an Officer of Parliament, the Commissioner will take measures to strengthen his relationship with parliamentarians and parliamentary committees, including the Advisory Panel on the Funding and Oversight of Officers of Parliament that will examine OCOL’s annual operating budget.

OCOL aims to be a diverse and respectful workplace where staff can realize their full potential and seek excellence. It has made a careful analysis of the recently released results of the 2005 Public Service Employee Survey, and it will be developing an action plan and making recommendations to deal with shortcomings while consolidating the strengths which the Survey identified.

In addition to incorporating human resources planning into its planning cycle to achieve sound management of human resources, OCOL will implement internal audit and access to information services in order to promote ethics-centred management practices.

As a knowledge-based organization, and with a view to establishing a knowledge management culture, OCOL will maximize information use and implement an information management infrastructure that meets the organization’s needs.

OCOL will also continue to implement its technology management action plan and it will develop a plan for the renewal of its technological infrastructure.

OCOL will want to gain a better knowledge of its influence, its image, and the perceptions and level of satisfaction of its clients, the Canadian public, federal institutions and other organizations. Compliance assurance work processes will be reviewed and simplified if necessary to better serve its clients.

Expected Results

• A workplace that provides the necessary support, tools, systems and needed equipment enabling employees to focus on a client-driven service while applying their full potential.
• Rigorous management practices.

 

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