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Message from the Commissioner of Official Languages

I am pleased to present the 2009-2010 Report on Plans and Priorities, which sets out the strategic directions, priorities, expected results and spending estimates for the Office of the Commissioner of Official Languages (OCOL) for the coming fiscal year.

My primary objective is to influence how language rights are protected and respected, and how linguistic duality is promoted in society. As an independent officer of Parliament, I provide parliamentarians with unbiased advice based on objective and factual information to enable them to fulfill their important role of holding the federal government accountable for its stewardship of the equal status of English and French in Canada.

This year marks the 40th anniversary of the Official Languages Act. It will be an opportunity to take stock of the progress made in official languages over the years and outline the challenges that lie ahead.

Last year, in my 2007-2008 Annual Report as well as my Performance Report for the same period, I announced my intention to examine the Commissioner’s ombudsman role. The renewal of my ombudsman role is based on two principles: a more effective resolution of complaints with the goal of achieving sustainable results, and the prevention of problems that lead to complaints. While complaint resolution, report card and audit mechanisms continue to be used, more proactive strategies have also been integrated into our work. In addition, it is critical that I continue to be proactive in offering observations about policy and strategies that may affect Canada’s linguistic duality.

OCOL identified five corporate priorities for the planning period of this Report to focus our activities over the next three years and to work toward our strategic outcome: that Canadians’ rights under the Official Languages Act are protected and respected by federal institutions and other organizations subject to the Act; and that linguistic duality is promoted in Canadian society. The five priorities, which support the implementation of OCOL’s 2009-2012 Strategic Plan, are as follows:

• Implement proactive approaches and strategies to address systemic compliance issues, in order to encourage a change of culture within federal institutions;
• Promote the knowledge of and respect for Canada’s two official languages as an important element of leadership within federal institutions;
• Act as a bridge builder between official language minority communities and federal institutions so that policies, programs and activities support community development;
• Encourage federal institutions to integrate linguistic duality into the development and implementation of their policies, programs and activities within a diverse Canadian society;
• Foster the growth and renewal of OCOL’s personnel and strengthen the application of sound management principles and practices.

I am confident that the efforts of my dedicated staff, working in cooperation with federal institutions and other entities with responsibility for the implementation of the spirit and intent of the Official Languages Act, will continue to advance the cause of official languages in the next year and beyond.

The original version was signed by

Graham Fraser

SECTION I – OVERVIEW

1.1  Summary Information

Raison d'être

OCOL’s mandate is to promote the Official Languages Act, oversee its full implementation, protect the language rights of Canadians and promote linguistic duality and bilingualism in Canada.

Responsibilities

The mandate of the Commissioner of Official Languages is set out in section 56 of the Official Languages Act:

The Commissioner therefore has a mandate to take all measures within his power to ensure that the three main objectives of the Official Languages Act are met, which are:

• The equality of English and French in Parliament, the Government of Canada, the federal administration and the institutions subject to the Act;
• The preservation and development of official language communities in Canada; and
• The equality of English and French in Canadian society. 

The Commissioner of Official Languages is appointed by commission under the Great Seal, after approval by resolution of the House of Commons and the Senate, for a seven-year term. The Commissioner of Official Languages reports directly to Parliament.

In this context, OCOL has a distinct mandate under the Official Languages Act. Each federal institution is responsible for implementing the Act within its area of jurisdiction. As well, the following federal entities have special responsibilities with respect to official languages (for a description of their specific roles refer to OCOL’s Web site at www.ocol-clo.gc.ca/html/mission_e.php):

• Treasury Board Secretariat
• Canada Public Service Agency
• Department of Canadian Heritage
• Department of Justice
• Public Service Commission of Canada
• Canada School of Public Service
• House of Commons and Senate Standing Committees on Official Languages.

Strategic Outcome and Program Activity Architecture

To pursue its mandate effectively, OCOL works to achieve its single strategic outcome through continued progress on its three program activities (two operational and one management) as follows:

Strategic Outcome	Canadians’ rights under the Official Languages Act are protected and respected by federal institutions and other organizations subject to the Act; and linguistic duality is promoted in Canadian society.
Program Activity	1. Protection through Compliance Assurance	2. Promotion through Policy and Communications
	3.  Internal Services1
Sub-Activity	3.1 Governance and Management Support 3.2 Resource Management Services

1. The third sub-activity for small agencies’ internal services, namely “Asset Management Services,” was not materially relevant to OCOL and therefore is not included in the PAA.

Program Activity Architecture Crosswalk

OCOL revised the wording of its strategic outcome and program activities with approval from Treasury Board in April 2008. The structure of the Program Activity Architecture (PAA) remained unchanged with a single strategic outcome and resulting program activities. The revised PAA involved no redistribution of financial resources. Descriptions for the program activities were modified slightly, as reflected in Section 2 of this Report. A separate program activity for Internal Services is now added to the OCOL PAA as per the revised profile for all federal entities since July 2008. In addition, the six sub-activities in OCOL’s former PAA were eliminated to simplify the structure.

Former PAA included in 2008-2009 RPP	Revised PAA included in 2009-2010 RPP
Strategic Outcome: Compliance with and respect for the Official Languages Act by federal institutions and other organizations subject to the Act.	Strategic Outcome: Canadians’ rights under the Official Languages Act are protected and respected by federal institutions and other organizations subject to the Act; and linguistic duality is promoted in Canadian society.
Program Activity 1: Compliance Assurance	Program Activity 1: Protection through Compliance Assurance
Program Activity 2: Policy and Communications	Program Activity 2: Promotion through Policy and Communications
	Program Activity 3: Internal Services

Alignment of the PAA to Government of Canada Outcomes

The Commissioner of Official Languages is an officer of Parliament who reports directly to Parliament and is thereby independent from government. The strategic outcome and the expected results from his office are detailed in Section 2 of this Report on Plans and Priorities.

1.2  Planning Summary

The following two tables present a summary of the total planned financial and human resources for OCOL over the next three fiscal years.

Financial Resources ($000)

2009-2010	2010-2011	2011-2012
19,935	19,935	19,935

Human Resources (full-time equivalents^*)

2009-2010	2010-2011	2011-2012
177.5	177.5	177.5

^* Full-time equivalent: FTE

Contribution of Priorities to the Strategic Outcome

OCOL has a single strategic outcome (SO 1): Canadians’ rights under the Official Languages Act are protected and respected by federal institutions and other organizations subject to the Act; and linguistic duality is promoted in Canadian society. The table below describes how each corporate priority contributes to the strategic outcome and what OCOL plans to do to achieve or make progress toward each priority (more details on the initiatives identified in the table are provided in Section II under Planning Highlights). 

Operational Priorities	Type2	Links to Strategic Outcome(s)	Description
1.   Implement proactive approaches and strategies to address systemic compliance issues, in order to encourage a change of culture within federal institutions	Previously committed to	SO 1	Systemic compliance issues are a key concern for OCOL and an impediment to respect for the language rights of Canadians. In making systemic compliance issues a priority for 2009-2010, OCOL aims to encourage sustainable solutions to problems that are repeatedly brought to its attention and, in doing so, to further protect the language rights of Canadians. OCOL will: Conduct and complete official languages audits that specifically address systemic compliance issues and seek to obtain commitments from institutions to resolve these issues; Negotiate and sign memoranda of understanding with certain federal institutions, beginning with those where systemic compliance issues have been identified;  Use the official languages report card exercise to encourage key federal departments to address systemic compliance issues.
2.   Promote the knowledge of and respect for Canada’s two official languages as an important element of leadership within federal institutions	Previously committed to	SO 1	Strong leadership within federal institutions is a key element in ensuring they respect the language rights of Canadians and comply with the Act. In 2009-2010, OCOL will: Monitor the inclusion of official languages components in the Public Service Renewal Initiative; Continue to work proactively with regional federal councils across the country to support them as official languages leaders and encourage activities that help member institutions meet their commitments under the Act; Examine, through research, the essential competencies required for effective leadership in a bilingual public service; Develop a strategy to influence the government in taking measures to address the shortage of bilingual judges in superior courts and federal tribunals.
3.   Act as a bridge builder between official language minority communities and federal institutions so that policies, programs and activities support community development	Previously committed to	SO 1	Community development, which is multi-dimensional and expresses itself in numerous areas of human activity, is sustained through policies, programs and activities, and thereby strengthens linguistic duality in Canada. OCOL will: Monitor the implementation of the 2008-2013 Roadmap for Canada’s Linguistic Duality and the establishment of the new Language Rights Support Program; Through several initiatives drawing on the 40th anniversary of the Official Languages Act,make federal institutions and Canadians in general aware of the role they can play in promoting linguistic duality; Through a participative approach, work with three Francophone communities from Western Canada to identify indicators and outcomes in key sectors of vitality; Support enhanced vitality of communities through various initiatives, including discussions with airport authorities subject to the Act with a view to improving services in both official languages.
4.   Encourage federal institutions to integrate linguistic duality into the development and implementation of their policies, programs and activities within a diverse Canadian society	Previously committed to	SO 1	As Canada’s demographic landscape changes, it is paramount that the government consider the implications of those changes in its actions. To achieve this priority, OCOL will: Monitor the inclusion of official languages in the preparatory work surrounding the Vancouver 2010 Olympic Games to ensure it is a truly bilingual event; Continue building awareness within federal institutions of their obligations to provide services during the Vancouver 2010 Games; Continue to deepen its understanding of the relationship between cultural diversity and linguistic duality through action research; Conduct a study on second-language learning opportunities at all Canadian universities.

 

Management Priorities	Type2	Links to Strategic Outcome(s)	Description
5.   Foster the growth and renewal of OCOL’s personnel and strengthen the application of sound management principles and practices	Previously committed to	SO 1	As a small organization working in a complex and ever changing environment, OCOL must maintain its capacity to support the delivery of its protection and promotion activities. OCOL commits to ensuring the application of sound management practices. To achieve this priority, OCOL will: Continue the implementation of the Three-Year Strategic Human Resources Management Plan, which stresses employment equity; Initiate the implementation of phase one of the Five-Year IM/IT Strategic Plan; Continue to enhance OCOL’s management accountability framework and management practices.

2. Type is defined as follows: previously committed to—committed to in the first or second fiscal year prior to this RPP; ongoing—committed to at least three fiscal years prior to this RPP; and new—newly committed to in this RPP.

Risk Analysis

OCOL’s strategic context and operating environment are characterized by external and internal risks that influence the choice of its corporate priorities and affect its plans and performance. This section briefly presents this particular environment, more specifically the four primary risks faced by OCOL..

First, OCOL has observed ongoing systemic obstacles to full compliance with the Act. This, coupled with the fact that Canada presently faces challenges on the economic, political and social fronts, may give rise to a perception that the Official Languages Act is less important or less relevant in these particular times. To mitigate this risk, OCOL is renewing its ombudsman role to better influence change and implement proactive strategies to address systemic compliance issues. As well, OCOL continues to promote the knowledge of, and respect for, Canada’s two official languages as an important element of leadership within federal institutions. Strong leadership generally results in better compliance. Furthermore, the Commissioner increasingly acts as a bridge builder between official language minority communities and federal institutions, while also working with other levels of government, to ensure proper consideration of official languages in the design of policies and programs. In 2009-2010, with the 40th anniversary of the Official Languages Act, OCOL will demonstrate, through a number of initiatives, how far the country has come in four decades and what challenges remain.

Second, to deliver on its mandate, OCOL must maintain its independence from government to provide unbiased advice and information to Parliament and organizations subject to the Act. Yet, the Commissioner of Official Languages is an officer of Parliament who applies central agency administrative policies in part or in whole; as such, his independent status may be challenged if not well understood. To manage this risk, OCOL will continue to examine the most appropriate governance structures, administrative rules and reporting requirements that reflect and protect its status. OCOL will also continue to work with other officers of Parliament to clarify and strengthen the role of the Parliamentary Panel as an independent mechanism for funding and oversight of officers of Parliament.

Third, as an organization, OCOL faces the same risk as other federal entities of insufficient capacity as well as the challenge of recruiting staff with specialized skills while numerous retirements are occurring at all organizational levels. The introduction in 2007-2008 of the Federal Accountability Act resulted in the requirement for OCOL to hire new staff to respond to public demands for access to information and to implement an internal audit function. There is presently a shortage of qualified workers in government in specialties like investigation and auditing, access to information, and internal auditing. In 2008-2009, OCOL began implementing its Strategic Human Resources Management Plan, which will continue in 2009-2010 and beyond. The plan involves developing a marketing strategy to promote OCOL as an employer of choice, identifying specific staffing and recruitment strategies to address current capacity needs and analyzing competencies and expertise required to respond to the changing environment.

Fourth, the existing functions within OCOL as well as the new processes described previously continually require more advanced technological systems and tools to manage information holdings effectively and in a secure environment. This involves specialized skills and an increased capacity to meet growing demands from OCOL managers. OCOL will continue to develop its Information Management/Information Technology (IM/IT) Strategic Plan for 2009-2014, which is contingent on new funding, to address, among other issues, integrated management information systems and the reinforcement of system capacities.

Expenditure Profile

In 2009-2010, OCOL plans to spend $19,935,000 to make progress on its five corporate priorities, meet the expected results of its program activities and contribute to its strategic outcome.

Spending Trend From 2005-2006 to 2011-2012

The figure below illustrates OCOL’s spending trend over seven years, representing the past three years, the current year of 2008-2009, and the next three years.

For 2005-2006 to 2007-2008, the actual spending corresponds to the total expenditures as published in the Public Accounts. The apparent increase in spending between 2005-2006 and 2006-2007 corresponds to collective agreement settlements and the standard annual carry forwards. From 2006-2007 to 2007-2008, OCOL’s actual spending increased by $0.5 million due to additional funding received for the creation of the Internal Audit Function and the Access to Information Function in order to meet new requirements under the Federal Accountability Act. Both these new functions further improve OCOL’s ability to demonstrate transparency in its management practices. Hence, OCOL has consistently used all of its parliamentary appropriations within applicable regulations.

For the 2008-2009 period, the forecast spending includes all parliamentary appropriations: the Main Estimates plus the Supplementary Estimates as well as the standard collective agreement settlements and annual carry forward (Treasury Board Votes, 15, 25, 30). 

Finally, the 2009-2010 to 2011-2012 periods reflect the planned spending from the Main Estimates. It should be noted that one of the initiatives planned for 2009-2010 is to review OCOL’s financial systems and tools. The results of this initiative will be reflected in OCOL’s next reports to Parliament.

2009-2010 Allocation of Funding by Program Activity

The figure opposite displays the allocation of OCOL’s funding by program activity for 2009-2010.  

 

 

Voted and Statutory Appropriations

The table below illustrates the way in which Parliament approved OCOL resources, and shows the changes in resources derived from the supplementary estimates and other authorities, as well as how funds were spent.

Voted and Statutory Items Displayed in the Main Estimates  ($000) 

Vote # or Statutory Item	Truncated Vote or Statutory Wording	2009–2010 Main Estimates	2008–2009 Main Estimates
20	Program expenditures	17,849	17,764
(S)	Contributions to employee benefit plans	2,087	2,142
	Total	19,935	19,906

The above amounts are those supplied by Treasury Board Secretariat. The net increase of $29,000 in the 2009-2010 Main Estimates compared to 2008-2009 results from collective agreement settlements in 2008-2009 combined with a decrease of 0.5% in the Employee Benefit Plan rate.

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