2011-12
Report on Plans and Priorities

Office of the Commissioner of Official Languages

The original version was signed by
The Honourable Peter Penashue
President of the Queen’s Privy Council of Canada

Table of Contents

Message from the Commissioner of Official Languages

Section I: Overview

• 1.1  Summary Information
• 1.2  Planning Summary

Section II: Analysis of Program Activities by Strategic Outcome

• 2.1  Strategic Outcome
• 2.2  Program Activity 1: Protection of Linguistic Rights
• 2.3  Program Activity 2: Promotion of Linguistic Duality
• 2.4  Program Activity 3: Internal Service

Section III: Supplementary Information

• 3.1  Future-Oriented Financial Statements
• 3.2  Supplementary Information Tables

Section IV: Other Items of Interest

Message from the Commissioner of Official Languages

I am pleased to present the 2011-12 Report on Plans and Priorities, which sets out the corporate priorities, expected results and spending estimates for the Office of the Commissioner of Official Languages (OCOL).

My primary responsibilities are to encourage federal institutions and other organizations subject to the Official Languages Act (the Act) to protect and respect the language rights of Canadians and to promote linguistic duality in Canadian society. As an officer of Parliament, I provide support to the House of Commons and Senate standing committees on official languages in their mandates to monitor enforcement of the Act and to hold the federal government accountable for the equal status of English and French in Canada.

When I tabled my 2009-10 annual report, Beyond Obligations, I decried the consequences of the government’s laissez-faire approach to official languages in the federal public service. I also noted that the vast majority of federal institutions whose performance was evaluated by my staff received failing grades for services provided to Canadians in both official languages, that they have not created an equitable workplace and that they are not successfully promoting linguistic duality within Canadian society.

In 2010-11—the fifth anniversary of the amendment to Part VII of the Official Languages Act—institutions must pursue their efforts, for the Act stipulates that all federal institutions have the legal duty to take positive measures to support the development of official language minority communities and to promote English and French in Canadian society. Moreover, institutions that have been slow to take measures to enhance the vitality of communities and create a productive dialogue between Anglophones and Francophones must be more decisive in their actions. The federal government must respect its obligations to ensure this happens. Respecting its obligations means taking the necessary measures—taking action.

My office has made significant efforts in recent years to apply integrated management practices. An initiative to renew our computer systems and thus modernize our business processes was undertaken in 2010-11. Full implementation of this initiative depends on securing the one-time funding for which we made an application to the Treasury Board Secretariat in 2010-11. The ability of OCOL to carry out the activities presented in this report is dependent on the resources made available to it.

As I begin the fifth year of my mandate, I am determined to vigorously pursue the implementation of our 2010-13 strategic plan presented on page 6 of this report. I intend to take advantage of every possible opportunity to use my influence as a federal player with the responsibility of not only achieving the stated objectives of the Official Languages Act but also ensuring that its spirit and intent are respected.

I will make the Government of Canada aware of the importance of providing sustained leadership and ensuring that the value of linguistic duality is recognized and promoted among Canada’s two official language communities as one of the key elements of Canadian identity. To do so, I will, among other things, use a study I published in 2010-11 on the leadership federal managers must exercise with respect to language of work. I will also continue to support official language communities to foster their development and vitality. To that end, I will pursue the legal recourse that I initiated against CBC/Radio-Canada in 2010-11 to obtain judicial recognition of its obligations under Part VII of the Act. This recourse will also serve to obtain judicial recognition of my authority to investigate complaints under Part VII of the Act.

I will work with federal institutions, especially those serving the travelling public, to ensure they actively offer their services in both official languages. For example, I will publish an audit of Air Canada’s services to the public.

I cordially invite you to read this report on the continuing efforts of the Office of the Commissioner of Official Languages to meet the expectations of Canadians.

Section I: Overview

1.1  Summary Information

Raison d'être

The mandate of the Office of the Commissioner of Official Languages (OCOL) 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 the mandate to take every measure within his power to ensure that the three main objectives of the Official Languages Act are met:

• 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;
• 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.

Strategic Outcome and Program Activity Architecture

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

The Office of the Commissioner plays a vital role in encouraging federal institutions and other organizations subject to the Official Languages Act to protect and respect the language rights of Canadians through their policies and programs. It also encourages other key players to promote linguistic duality in our society. However, OCOL is one of several federal players with responsibilities for the implementation of the spirit and intent of the Act and, consequently, does not claim full credit or take full responsibility for the achievement of the strategic outcome above.

Program Activity Architecture Crosswalk

The Office of the Commissioner’s Program Activity Architecture has been modified in terms of its first and second activities only. The titles have been modified as follows:

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.

Contribution of Priorities to 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 in 2011-12 to achieve or make progress on each priority (more details on the initiatives identified in the table are provided in Section II under “Planning Highlights”). OCOL has four corporate priorities: three operational priorities and one management priority.

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 of the report briefly describes the environment, with specific reference to the four primary risks faced by the organization.

The most significant risk is the inadequacy of the information management/information technology (IM/IT) systems, infrastructure and support. OCOL identified this risk in 2008-09 and developed its first IM/IT strategic plan for 2008–13. This strategic plan is gradually being implemented as funding permits, with priority given to improving the infrastructure’s sustainability. However, OCOL requires an additional investment to upgrade its deteriorating applications. The recently conducted A-base review confirmed that OCOL does not have the capacity to finance this investment internally. It continues to work with Treasury Board Secretariat officials to obtain the one-time funding required to address these critical shortfalls.

The following risk, also recognized in 2008-09, is related to the perception that the Official Languages Act has become less important or less relevant in recent years. Although the March 2010 Speech from the Throne addressed official languages, certain key players representing official language minority communities are of the opinion that linguistic duality is not high on the current government’s priority list, particularly in light of the prevailing economic situation. As shown in OCOL’s 2009-10 annual report, the government and the public service are not showing sufficient leadership with regard to official languages in general and in the application of the Act in particular. Federal institutions are making little progress toward fulfilling their obligations. In addition, the Fédération des communautés francophones et acadienne du Canada believes that the Commissioner’s interventions have not had the intended result of encouraging institutions to improve their performance. Starting in 2008-09, OCOL reviewed the options at its disposal to perform its ombudsman role with a view to enhancing its effectiveness in bringing about the necessary changes in federal institutions. As a result, OCOL has implemented new approaches to bolster the importance attributed to official languages leadership and permanently resolve systemic problems of non-compliance with the Act; OCOL is now making more interventions of a proactive nature, using more targeted strategies in the case of certain federal institutions, and using a facilitated complaint resolution process. However, this new approach is compromised by the obsolete computer applications on which OCOL relies. In addition, OCOL is conducting audits to measure the compliance of federal institutions and other organizations subject to the Actand is making recommendations that apply to the existing management framework within organizations. Lastly, OCOL continues to use a parliamentary strategy designed to provide better support to the House of Commons and Senate standing committees on official languages as they carry out their own mandates to monitor enforcement of the Act.

Inadequate funding from the federal government is another risk OCOL faces in managing its human and financial resources. The Government of Canada has instructed federal institutions, as of 2010-11, to absorb salary increases foreseen in collective agreements through A-base funding. This means indirect funding cuts that add up year after year. OCOL is also confronted with major challenges pertaining to its dated business applications and funding for its IT systems. In 2010-11, OCOL conducted an A-base review to determine whether it has sufficient resources to carry out its priorities and fulfill its mandate. An optimization strategy following up on this A-base review will be put into action starting in 2011-12. This strategy depends in part on the computer systems being updated.

OCOL, like other federal institutions, applies rigorous management principles and practices. It promotes sound management through the development of its own management accountability framework, which takes into account its independence from government. OCOL has devoted considerable effort in recent years to arrive at a more integrated approach to performance management. This has included providing training and developing tools for managers in areas such as risk management awareness and practices, business processes, internal audit activities and performance measurement. Many challenges remain in terms of collecting and storing performance information. This is due in large part to the current capacity of IM/IT systems, as referred to previously. In 2011-12, OCOL will implement an evaluation function, pending funding availability.

Expenditure Profile

In 2011-12, OCOL plans to spend $20,659,244 to make progress on its four corporate priorities, meet the expected results of its program activities and contribute to its strategic outcome.

Spending Trend from 2007-08 to 2013-14

The figure below illustrates OCOL’s spending trend over seven years.

[D]

Actual spending corresponds to total expenditures as published in the Public Accounts of Canada in terms of the credits approved in the Main Estimates and the Supplementary Estimates, including the standard collective agreement settlements, severance benefits and annual carry forwards from previous fiscal years (Treasury Board Votes 15, 20, 25, 30). The increase in actual spending was primarily due to collective agreement settlements and additional funding received in 2008-09 for the development and implementation of the access to information and internal audit functions 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.

The forecast spending for 2010-11 includes all parliamentary appropriations: the Main Estimates, the Supplementary Estimates as well as the standard collective agreement settlements and annual carry forwards from previous fiscal years.

Finally, the planned spending from 2011-12 to 2013-14 reflects Main Estimates only.

Estimates by Vote

For information on our vote and statutory expenditures, please see the 2011-12 Main Estimates publication. An electronic version of the Main Estimates is available at
http://www.tbs-sct.gc.ca/est-pre/20112012/me-bpd/toc-tdm-eng.asp.

Section II: Analysis of Program Activities by Strategic Outcome

2.1 Strategic Outcome

OCOL’s work focuses on attaining its single strategic outcome. OCOL plays a leading role in encouraging federal institutions and other organizations subject to the Act to protect and respect the language rights of Canadians. It also influences other key players in the promotion of linguistic duality in our society. While OCOL has a unique role to play in ensuring compliance with the Act, it is nonetheless one of several federal players with responsibilities for achieving the objectives, spirit and intent of the Act. 

The evaluation function will be instituted in 2011-12 and will support the performance measurement framework. Implementation of this framework, as mentioned in OCOL’s 2009-10 Performance Report, 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, the performance indicators and performance measurement strategies presented in the following table, as well as on the tables on pages 12, 13, 15 and 16 of this report, may be amended in 2011-12.

OCOL’s Program Activity Architecture (PAA) is designed to help OCOL attain its strategic outcome. The following subsections describe the PAA’s three program activities and, for the first two, identify the expected results, performance indicators and performance measurement strategies established in 2009-10. These subsections also present data on the financial and human resources that will be dedicated to each program activity over the next three years. An explanation is given on how OCOL will achieve the expected results by 2013-14 while addressing the organization’s priorities. The benefits for Canadians are also articulated.

2.2 Program Activity 1: Protection of Linguistic Rights

Activity Description

Through this program activity, OCOL investigates complaints filed by citizens who believe their language rights have not been respected, evaluates compliance with the Official Languages Act by federal institutions and other organizations subject to the Act through performance measurements and audits, and intervenes proactively to prevent non-compliance with the Act. As well, OCOL may intervene before the courts in cases that deal with non-compliance with the Act.

Planning Highlights for this Program Activity

Over the next three years, and more particularly in 2011-12, OCOL will pursue the above expected results and work towards achieving its three corporate operational priorities (presented in Section 1.2 of this report) through activities such as the following:

Working with federal institutions, especially those serving the travelling public, to ensure they actively offer their services in both official languages:

-  Publishing the 2010-11 audit of Air Canada’s services to the public.

-  Conducting activities in certain federal institutions and in certain other organizations subject to the Official Languages Act that serve the travelling public.

Verifying and examining the extent to which federal institutions and other organizations subject to the Act take into account the needs of official language minority communities when developing and implementing their policies and programs and delivering their services, and intervene with federal institutions:

-  Following up on the Audit of Service to the Public at Agriculture and Agri-Food Canada conducted in 2009.

-  Continuing the audit begun at Industry Canada in 2010-11 to determine the extent to which this institution takes into account the needs of official language communities when developing and running its programs.

-  Analyzing the performance of 13 federal institutions regarding their obligations under Part VII of the Official Languages Act.² Results will appear in volume II of the Office of the Commissioner’s 2010-11 annual report, which will be released in fall 2011.

Work with the federal government on the lessons learned at the 2010 Olympic and Paralympic Winter Games to ensure major national and international events held inCanada adequately reflect Canada’s linguistic duality:

-  Distributing a guide based on lessons learned at the 2010 Olympic and Paralympic Winter Games to target groups to help them organize major national and international events that reflect Canada’s linguistic duality.

-  Making key players—including relevant federal institutions, central figures in the Canadian sports system and the organizing committee—aware of the importance of properly reflecting Canada ’s linguistic duality in preparations for the 2015 Pan American and Parapan American Games in Toronto.

Intervening before the courts to ensure that the Official Languages Act is respected and ensure a consistent interpretation of language rights that is compatible with the development and vitality of official language minority communities:

-  Intervening in Federal Court in the matter of Thibodeau v. Air Canada to obtain clarifications on the remedial powers of the Court in relation to Air Canada’s systemic breaches.  

-  Pursuing the legal recourse initiated by the Commissioner against CBC/Radio-Canada in 2010-11 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. 

Benefits of this Program Activity for Canadians

The program activity of Protection of Linguistic Rights provides Canadians with a mechanism for recourse when they feel their language rights have been violated, and increases awareness within federal institutions and other organizations subject to the Official Languages Act of areas where greater efforts are required to more fully respect the letter and spirit of the Act.

2.3 Program Activity 2: Promotion of Linguistic Duality

Activity Description

Through this program activity, OCOL works with parliamentarians, federal institutions and other organizations subject to the Official Languages Act, official language communities and the Canadian public in promoting linguistic duality. OCOL builds links between federal institutions, official language communities and the different levels of government to help them better understand the needs of official language communities, the importance of bilingualism and the value of respecting Canada ’s linguistic duality. In the context of fulfilling its promotion role, OCOL conducts research, studies and public awareness activities, and intervenes with senior federal officials so that they instil a change in culture to fully integrate linguistic duality in their organizations.

Planning Highlights for this Program Activity

Over the next three years, and more particularly in 2011-12, OCOL will pursue these expected results and work towards achieving its three corporate operational priorities (presented in Section 1.2 of this report) through activities such as the following:

Raising awareness among federal institutions and other organizations subject to the Official Languages Act of the skills required for integrating linguistic duality as a key element of leadership in order to, among other things, create a workplace conducive to the use of both official languages:

-  Raising awareness among federal managers and central agencies of the leadership role they must play in language of work, and encouraging them to adopt the leadership competencies profile geared to official languages and developed as part of the study on leadership in a bilingual public service published in 2010-11

-  Raising awareness among federal institutions of their obligations when using social media to communicate with employees and the general public. 

Raising awareness of the importance and value of linguistic duality and bilingualism among Canadians (English-speaking and French-speaking), particularly among youth at the post-secondary level, and among key players:

-  Continuing the work begun in the 2009 study Two Languages, a World of Opportunities: Second-language learning in Canada’s universities by organizing discussion forums in the regions and by continuing discussions with key players targeted in the study.

-  Developing various avenues to communicate with youth and continue to develop specific approaches for this particular segment of the population, through outreach activities as well as promotional products such as school posters and a Web database of language learning opportunities in post-secondary institutions.

Continuing to act as a bridge builder between the federal government and other levels of government, as well as official language minority communities, so that public policies will better reflect Canada ’s linguistic duality:

-  Begin a study on the bilingual institutional capacity of the judiciary for provincial and territorial superior courts appointed by the Government of Canada in order to review the situation and make recommendations for improving access to justice in both official languages.

-  Implementing an awareness strategy targeting municipalities, particularly the City of Ottawa—Canada’s national capital—regarding the important role that municipalities can play in promoting linguistic duality.

-  Holding a discussion forum in Halifax on the connections between linguistic duality and cultural diversity as a follow-up to the forums held in Toronto in 2007 and Vancouver in 2008, to broaden OCOL’s understanding of the relationship between cultural diversity and linguistic duality through action-oriented research.

Contributing to a better understanding of the implementation of Part VII of the Official Languages Act and continuing to encourage the government to pursue a constructive dialogue with official language minority communities:

-  Encouraging federal institutions to adopt a comprehensive approach to implementing Part VII of the Official Languages Act by including the outcomes of the national discussion forum on Part VII, which brought together federal institutions, official language communities and researchers.

-  Releasing, Volume I of OCOL’s 2010-11 annual report, which will mainly address Part VII of the Official Languages Act, in spring 2011.

-  Monitoring the implementation of the Roadmap for Canada ’s Linguistic Duality 2008–13,which is at the halfway mark; starting discussions with Canadian Heritage in particular, to provide feedback and appropriate recommendations for developing an initiative that will come after the Roadmap.

-  Analyzing the performance of 13 federal institutions in terms of their obligations under Part VII of the Official Languages Act, following an examination of their performance through Performance Report Cards.³ Results will appear in volume II of the Office of the Commissioner’s 2010-11 annual report, which will be released in fall 2011.

Benefits of this Program Activity for Canadians

Canada ’s language policies are part of a broader dialogue among legislators, the courts and citizens. The work undertaken by OCOL is part of that conversation. Through OCOL’s efforts, federal institutions and the public gain a better understanding of the core value of linguistic duality and of the situation of official language communities. Those communities, in turn, benefit from this increased understanding and openness on the part of institutions and the general population.

2.4 Program Activity 3: Internal Services

Activity Description

The Internal Services program activity involves groups of related activities and resources that are administered to support the needs of the organization’s programs and other corporate obligations. These groups are: Management and Oversight Services, Communications Services, Legal Services, Human Resources Management Services, Financial Management Services, Information Management Services, Information Technology Services, Real Property Services, Materiel Services, Acquisition Services, and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Planning Highlights for this Program Activity

Over the next three years, and more particularly in 2011-12, OCOL will seek to achieve its strategic outcome in part through the corporate management priority (presented in Section 1.2 of this report). To do this, it will build its organizational capacity through the application of sound management principles and practices that support its corporate priorities.

Efforts have been made in recent years to apply integrated management practices. During the 2010-11 fiscal year, OCOL conducted an A-base review to maximize the use of its resources. In addition, it applied for funding from the Treasury Board to start implementing its five-year IM/IT strategic plan. It is therefore important to note that OCOL’s ability to conduct the following activities is dependent on the resources available to it.

Updating its governance mechanisms to provide an accountability framework that acknowledges the independent status of the Office of the Commissioner by:

-  Continuing to enhance its integrated planning exercise and improve access to financial and non-financial information in order to support decision-making and optimal resource allocation.

-  Starting the implementation of OCOL’s evaluation function to support and improve its programs and policies, senior management’s decision-making process and the preparation of performance reports for OCOL’s audience.

Developing and implementing an optimization strategy to follow up on the A-base review started in 2010-11, and ultimately to fully support the organization’s priorities:

-  Gradually continuing implementation of the IM/IT strategic plan insofar as funding allows.

-  Moving forward with the evaluation and documentation of business processes, identifying opportunities for improving the effectiveness of procedures through alternate solutions, streamlining workflow and clearly defining roles and responsibilities. 

-  Finalizing the implementation of service standards for receiving and managing complaints.

-  Conducting a pilot project in the Ontario region to optimize the opportunities for regional promotion and intervention and thus promote the Commissioner’s role as a linguistic ombudsman.

Section III: Supplementary Information

3.1  Future-Oriented Financial Statements

The Future-oriented financial information presented within this report is intended to serve as a general overview of OCOL’s financial situation and activities. This financial information has been prepared on an accrual basis to strengthen accountability and improve transparency and financial management.

Future-oriented financial statements can be found on OCOL’s Web site.

It is projected that total expenses will be $23.8 million for the coming fiscal year. The spending is made up of salaries and employee benefits (68% or $16.2 million), and operating expenses (32% or $7.6 million).

It is projected that total assets will be valued at $3.1 million in 2011-12. This total includes amounts due from the Consolidated Revenue Fund (57% or $1.8 million), tangible capital assets (36% or $1.1 million) and accounts receivable (7% or $0.2 million).

It is projected that total liabilities will be valued at $5.8 million in 2011-12. This total includes primarily vacation pay and severance benefits (64% or $3.7 million) and accounts payable and accrued liabilities (36% or $2.1 million).

3.2  Supplementary Information Tables

The Internal Audit Plan can be found on OCOL’s Web site at
http://www.ocol-clo.gc.ca/html/internalaudit_verifiniterne_2011_12_e.php.

Section IV: Other Items of Interest

For more information, please contact the Office of the Commissioner of Official Languages:

344 Slater Street, 3rd Floor
Ottawa, Ontario K1A 0T8

Telephone: 613-996-6368

Web site: www.ocol-clo.gc.ca

1. Type is defined as follows: previous commitment—commitment made in the first or second fiscal year prior to the fiscal year covered in this report; ongoing—commitment made at least three fiscal years prior to the fiscal year covered in this report; and new—new commitment made in this report.

2. This activity also supports the Promotion of Linguistic Duality program activity.

3. This activity also supports the Protection of Linguistic Rights program activity.

4. Since the Act includes provision for legal recourse, legal services are excluded from Internal Services at OCOL and form part of Program Activity 1 - Protection of Linguistic Rights. In the same vein, given its specific mandate, OCOL’s communications services are not included in Internal Services but rather form part of Program Activity 2 - Promotion of Linguistic Duality.