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Message from the Commissioner of Official Languages

I am pleased to present the 2012–13 Report on Plans and Priorities for the Office of the Commissioner of Official Languages (OCOL), which sets out our corporate priorities, expected results and spending estimates.

My primary responsibilities as Commissioner are to ensure that language rights are protected and respected in Canada and to influence how linguistic duality is promoted in Canadian society. As an agent of Parliament, I provide parliamentarians with unbiased advice based on objective and factual information to help them fulfill one of their important roles—that of holding the federal government accountable for its stewardship of the equal status of English and French in Canada. Each day, my office works to uphold linguistic duality as a fundamental value of Canadian society and an essential feature of the federal public service.

I am worried by the fact that the number of complaints related to Part VII of the Official Languages Act (the Act) has doubled during the period October to December 2011. Under Part VII, the Government of Canada is committed to enhancing the vitality of official language minority communities, supporting and assisting their development, and fostering the full recognition and use of both English and French in Canadian society. In addition, every federal institution has the duty to ensure that positive measures are taken for the implementation of these commitments.

As well, recent high-profile government appointments of unilingual candidates have not only raised questions about the government's commitment to the intent of the Act, but also led to the filing of complaints. Being able to communicate with and supervise employees in both official languages is critical to competent leadership in the public service, and I will continue to communicate that message to federal institutions and other organizations subject to the Act.

Although appreciable progress has been made in enhancing the vitality of Canada's official language minority communities, I believe there is still much to be done to increase awareness of the value of linguistic duality, both in pragmatic terms and as a key element of the Canadian identity and in promoting second-language learning among Canadians.

Many immigrants see bilingualism as an aspirational goal linked to Canada's identity. I have taken a keen interest in the relationship between cultural diversity and linguistic duality in Canada, and in 2012–13 my office will host a fourth discussion forum on this topic, this time in Montréal.

Meanwhile, there is a risk that federal government budget cuts will take a toll on the ability of federal institutions to meet their obligations under the Act and support the vitality of official language minority communities. My office will intervene with the government and with federal institutions to ensure that they fully meet their obligations under the Act in the context of budget cuts.

I fully understand the importance of and have committed to respecting the spirit and intent of the Government’s Strategic and Operating Review. I was counting on receiving additional funds from the Treasury Board for our information management/information technology (IM/IT) investments in the amount of $6.4M. However, as indicated in the 2012 Federal Budget, OCOL's contribution to the Government’s expenditure restraint efforts will represent a reallocation of operating savings towards necessary information technology investments estimated at 7.8% annually over four years. In 2010–11, I had decided to undertake an in-depth review of my operations, as it was determined at that time that OCOL would face increasingly difficult resourcing decisions over the coming years. The review brought to light a certain number of unfunded pressures but also opportunities to optimize resources. I am in the process of implementing the resulting recommendations of the review and it will allow me to identify the required savings for IM/IT.

Finally, the agents of Parliament will continue advocating for the creation of a permanent parliamentary funding and oversight mechanism that respects the role of Parliament, respects the independence and distinct mandates of its agents, and reflects the responsibility of the Government for sound stewardship of public resources.

I cordially invite you to read this report on the continuing efforts of OCOL to fulfill its mandate and to meet the expectations of Canadians with respect to the promotion and protection of our two official languages.

Section I: Organizational Overview

Raison d’être

Responsibilities

Section 56 of the Official Languages Act states:

It is the duty of the Commissioner to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society.

Under the Act, therefore, the Commissioner is required to take every measure within his power to ensure that the three main objectives of the Official Languages Act are met:

• the equality of the status and use of English and French in Parliament, the Government of Canada, the federal administration and the institutions subject to the Act;
• the development of official language minority communities in Canada; and
• the advancement of 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 as follows:

Strategic Outcome	Rights guaranteed by the Official Languages Act are protected and linguistic duality is promoted as a fundamental value of Canadian society.
Program Activity	1. Protection of Linguistic Rights	2. Promotion of Linguistic Duality
	3. Internal Services

Organizational Priorities

OCOL has a single strategic outcome:

Rights guaranteed by the Official Languages Act are protected and linguistic duality is promoted as a fundamental value of Canadian society.

The table below describes how each corporate priority contributes to that strategic outcome and what OCOL plans to do in 2012–13 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.”)

Priority	Type1	Description
1. Work with federal institutions and other organizations subject to the Official Languages Act so that they fully integrate linguistic duality as an important element of leadership.	Ongoing	Federal institutions and other organizations subject to the Official Languages Act that successfully implement the Act by acting in accordance with its spirit and complying with its objectives are characterized by strong leadership and commitment on the part of their managers. OCOL will: 1.1 continue to intervene with federal institutions and other organizations subject to the Official Languages Act so that linguistic duality is integrated as a key element of leadership in order to, among other things, create a workplace conducive to the use of both official languages; 1.2 intervene with federal institutions and other organizations subject to the Official Languages Act, including those institutions having coordinating and regulating responsibilities2 as per the Act, to ensure they actively offer their services in both official languages; and 1.3 intervene with federal institutions to verify and examine 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, implementing or reviewing their policies and programs and delivering their services.
2. Promote, among Canada's two official language communities, the value of linguistic duality as one of the key elements of Canadian identity.	Ongoing	Canada's two official language communities have an important role to play in promoting linguistic duality. OCOL will: 2.1 increase awareness among youth of the opportunities that learning Canada's other official language offers them, as well as raise awareness among key stakeholders and the general public of the importance and value of linguistic duality and bilingualism; and 2.2 continue to act as a bridge builder between the federal government, other levels of government and official language minority communities, so that public policies better reflect Canada's linguistic duality.
3. Support official language minority communities in order to foster their development and vitality.	Ongoing	OCOL plays an important role in developing and enhancing the vitality of Canada's English-speaking and French-speaking minority communities. Therefore, OCOL will: 3.1 continue to encourage the government to pursue a constructive dialogue with official language minority communities; and 3.2 intervene before the courts to ensure that the Official Languages Act and the provisions of the Canadian Charter of Rights and Freedoms pertaining to official languages are respected, and to ensure a consistent interpretation of language rights that is compatible with the development and vitality of official language minority communities.
4. Strengthen organizational capacity by applying sound management principles and practices supporting its corporate priorities.	Ongoing	The Commissioner, as an agent of Parliament, aims to continually improve OCOL's internal management with respect to program activities (protection, promotion and internal services). OCOL will: 4.1 update OCOL's governance mechanisms in support of its status of independence from government; and 4.2 pursue various optimization initiatives to maintain operational efficiency while fostering a healthy work environment in a period of change.

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 this environment, with specific reference to the four primary risks faced by the organization.

Risk 1: Inadequate core information management/information technology systems and support

The inadequate core systems and support related to IM/IT are still a high risk. OCOL developed its first IM/IT strategic plan in 2008-09, and is gradually implementing it as funding permits, with priority given to improving the infrastructure’s sustainability. However, OCOL requires an investment to upgrade its deteriorating applications: complaint management, correspondence management and information management on the Internet. As announced in the Budget 2012, OCOL's contribution to the government’s expenditure restraint efforts will represent a reallocation of operating savings towards necessary IT investments estimated at 7.8 percent annually over four years to address its deteriorating applications. As well, OCOL will actively participate in an interdepartmental initiative to develop a shared case management system for small agencies.

Risk 2: Relevancy of the Official Languages Act

A risk also recognized in 2008–09 was the perception that the relevance of the Official Languages Act has decreased. Certain representatives of official language minority communities are of the opinion that linguistic duality is not high on the current government's priority list. Recent high-profile government appointments of unilingual candidates have raised questions about the government's respect of the spirit and intent of the Official Languages Act. The government and the public service are not showing sufficient leadership with regard to official languages in general, or in the application of the Act in particular. OCOL will intervene with the government and federal institutions involved in the implementation of the Roadmap for Canada's Linguistic Duality 2008–2013 to ensure its renewal takes into account the needs of the official language minority communities and the promotion of linguistic duality in Canadian society. OCOL will also establish a social media presence to raise awareness among the general public, and in particular among youth, of the importance and value of linguistic duality and bilingualism. As well, OCOL will work with federal institutions and other organizations subject to the Act, including those institutions having coordinating and regulating responsibilities under the Act, to ensure they fully integrate linguistic duality as an important element of leadership and that key players involved in the funding and organization of major cultural and sporting events adequately reflects Canada's linguistic duality.

Risk 3: Insufficient capacity/resources

Insufficient human and financial resources are other risks OCOL faces to support its mandate. In 2010, OCOL conducted an A-base review that brought to light pressures due to a certain number of areas that were underfunded. However, it also highlighted a number of areas where improvements could be made and processes could be optimized. In particular, the review highlighted the chronic underfunding of IM/IT, which led to the serious situation in which OCOL now finds itself. OCOL will pursue the implementation of the A-base review action plan in support of its organizational priorities. As well, branch human resources planning will be improved.

Risk 4: Independence of the Commissioner as an agent of Parliament

To deliver on his mandate, the Commissioner must maintain his independence from the Government to provide unbiased advice and information to parliamentarians to help them fulfill one of their important roles—that of holding the federal government accountable for its stewardship of the equal status of English and French in Canada. The recent federal election resulted in many new parliamentarians and changes to parliamentary committees. OCOL will review its intervention strategy to communicate and explain the role of the Commissioner as an agent of Parliament.

As well, as deputy head, the Commissioner of Official Languages applies central agency 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 independence as an agent of Parliament. Finally, the agents will continue advocating for the creation of a permanent parliamentary funding and oversight mechanism that respects the role of Parliament, respects the independence and distinct mandates of its agents and reflects the responsibility of the Government for sound stewardship of public resources.

Planning Summary

As an agent of Parliament, the Commissioner indicated that he would adhere to the spirit and intent of the Strategic and Operating Review with a view to generating savings from operating expenses. Last year, OCOL conducted an independent, in-depth review of its operations that highlighted a number of unfunded pressures but also opportunities to optimize resources. Since many of the other recommendations from this in-depth review were predicated on appropriate technology investments, OCOL presented a Treasury Board submission requesting one-time funding to allow it to replace obsolete technology. In making its submission, OCOL observed that this investment would enable the Commissioner to fully implement his ombudsman role through a modern case management system, improving the effectiveness of OCOL's operations and facilitating access to the kinds of financial and non-financial information that would enhance accountability to Parliament and Canadians. It is expected that the achieved effectiveness will generate savings over the medium term. However, as indicated in Budget 2012, OCOL's contribution to the government's expenditure restraint efforts will represent a reallocation of operating savings towards necessary IT investments estimated at 7.8 percent annually over four years.

Financial Resources ($000)

2012–13	2013–14	2014–15
21,926	20,774	20,824

Human Resources (Full-Time Equivalents—FTEs)

2012–13	2013–14	2014–15
163	163	163

Strategic Outcome: Rights guaranteed by the Official Languages Act are protected and linguistic duality is promoted as a fundamental value of Canadian society.

Performance Indicators	Targets
Percentage of recommendations related to compliance for which a follow-up took place in these areas: audits, annual reports, and investigations.	100%
Number of opportunities used by OCOL to promote linguistic duality.	120

Planning Summary Table

Program Activity	Forecast Spending 2011–12 ($000)	Planned Spending ($000)			Alignment to Government of Canada Outcomes
		2012–13	2013–14	2014–15
Protection of Linguistic Rights	7,449	7,111	6,715	6,733	A transparent, accountable, and responsive federal government
Promotion of Linguistic Duality	7,097	7,236	6,844	6,864
Total Planned Spending		14,347	13,559	13,597

Planning Summary Table

Program Activity	Forecast Spending 2011-12 ($000)	Planned Spending ($000)
		2012–13	2013–14	2014–15
Internal Services	8,160	7,579	7,215	7,227
Total Planned Spending		21,926	20,774	20,824

Expenditure Profile

The figure below illustrates OCOL's spending trend from 2008–09 to 2014–15.

OCOL's spending trend is somewhat stable, except in 2011–12 because of fully paid severance benefits to 88 employees, and partially paid severance benefits to 13 employees, representing $1.6 million.³

The planned spending for 2012–13 reflects resources approved through Main Estimates, forecasts of severance payouts and the anticipated 3% of unspent resources to be carried forward from 2011–12. Finally, the planned spending for 2013–14 and 2014–15 only reflects approved resources.

[text version]

Estimates by Vote

For information on OCOL's organizational appropriations, please see the 2012–13 Main Estimates publication.

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