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2010-11
Departmental Performance Report



Office of the Commissioner of Official Languages





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





Table of Contents

Message from the Commissioner of Official Languages

Section I: Organizational Overview

Section II: Analysis of Program Activities by Strategic Outcome

Section III: Supplementary Information

Section IV: Other Items of Interest



Message from the Commissioner of Official Languages

The Honourable Graham Fraser

Canada’s linguistic duality is a core value for the country; part of our history, our identity and our future. As an Agent of Parliament, I have the responsibility of promoting and protecting this value. Thus it is an honour and a privilege to report to Parliament on the state of Canada’s two official languages, and on the extent to which federal institutions honour their obligations under the Official Languages Act (the Act). It is a source of pride that my office responds to all Canadians who feel that their languages have not been respected, and serves all parliamentarians.

The Commissioner’s duties fall into two broad categories: protection and promotion. More concretely, this means that I must do everything within my authority to ensure the recognition of the status of both official languages, and to see that federal institutions comply with the spirit and intent of the Act. This includes taking positive measures for the growth and development of minority language communities, and promoting the use of English and French in Canadian society. Meeting these responsibilities means that I investigate complaints, intervene before the courts, conduct audits of federal institutions, appear before parliamentary committees, give interviews, and speak to parliamentarians, public servants, parents, educators, foreign visitors and conference delegates.

I am an Agent of Parliament, and like my fellow Agents, I am a guardian of a value that Parliament has decided should be elevated above the partisan debates of the day. This means that I have a particular duty to be transparent about how I spend public money, and as clear as possible about how I try to fulfil my mandate.

In the past year, I have issued a final report on the Vancouver 2010 Olympic and Paralympic Winter Games and a guide for future major sporting events in Canada. We have issued 13 report cards to federal institutions, and increased our pro-active communications with senior officials so that their departments can improve. We continued to build on the study about post-secondary second-language learning opportunities, stressing to those involved in education across Canada the importance of offering young Canadians the chance to learn the other official language. As well, we published a study on leadership and language of work that identifies language mastery as a leadership competency and sets out clear behaviours that support the use of both languages in the workplace.

The current economic climate is worrisome. It is particularly important that the progress made in official languages over the last decade not be lost. It is very important that federal leaders, elected and unelected, take into account their responsibilities under the Official Languages Act.

Graham Fraser

Section I: Organizational Overview

Raison d’être

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

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, the Office of the Commissioner of Official Languages (OCOL) strives to attain its single strategic outcome through continued progress on its three interrelated 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 Services

Organizational Priorities

Performance/Priority Status Legend

Exceeded: More than 100% of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding Report on Plans and Priorities (RPP) was achieved during the fiscal year.

Met all: 100% of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Mostly met: 80–99% of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Somewhat met: 60–79% of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Not met: Less than 60% of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Priority 1 Type1 Strategic Outcome
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. Previously committed to 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.
Status: Met all

1.1 OCOL continued to work at raising awareness among federal institutions and other organizations subject to the Act of the skills required for integrating linguistic duality as an important element of leadership in order to, among other things, create a workplace conducive to the use of both official languages.

The Commissioner:

  • received 1,114 complaints, of which 981 were deemed to be admissible under the Official Languages Act. In the same period, 699 admissible complaints were resolved, including 483 from prior years. A total of 512 of the new complaints received were related to language of work in the federal public service.
  • published a follow-up of the 2006 audit regarding language of work at the Department of National Defence (DND) Headquarters to assess the implementation of the 12 recommendations and to measure the progress made by the institution. Overall, DND has made progress and the measures presented in the progress report look promising. OCOL is continuing to follow DND’s progress and to monitor the implementation of the Official Languages Program Transformation Model.
  • published an audit of the Individual Training and Education System of the DND to determine whether military personnel in both language groups have access to training in the official language of their choice, and to ensure that there are no barriers to employment or advancement because of their choice of language of instruction. The audit report contained 20 recommendations intended to enable the Canadian Forces to better integrate official languages into the planning, management and implementation of its Individual Training and Education System.
  • issued report cards to 13 federal institutions. The report cards evaluated the Official Languages Act performance of 13 federal institutions chosen for their mandate, size and number of admissible complaints. The report cards assessed the institutions’ level of compliance with Part IV (communications with and services to the public), Part V (language of work) and Part VII (advancement of English and French), by evaluating how well the institutions reflected the needs of official language communities in their program development and service delivery functions.
  • published a study to establish a leadership competencies profile for official languages. OCOL adopted a new approach for this study to identify the positive behaviors of managers who foster the creation of a workplace conducive to the use of both official languages. Beyond Bilingual Meetings: Leadership Behaviours for Managers presents five recommendations and an on-line self-assessment tool for managers. Among its side benefits, the study cultivated awareness among participating managers of how their leadership inculcates a workplace conducive to the use of both official languages. 

1.2 OCOL worked with federal institutions, especially those serving the travelling public, so they would actively offer their services in both official languages.

The Commissioner:

  • received 298 complaints regarding communications with and services to the public related to the travelling public.

OCOL:

  • conducted an audit of Air Canada regarding Part IV of the Act, communications with and services to the public. Publication of the audit is planned in 2011–12.  
  • held information sessions in collaboration with the Halifax and Moncton airport authorities in preparation for the International Association of Athletics Federations World Junior Championships in Moncton in July 2010. The sessions included representatives from the Canadian Air Transport Security Authority, Air Canada, Air Canada Jazz, the Canada Border Services Agency, both airport authorities and the Royal Canadian Mounted Police. The objective of the information sessions was to apprise the various federal institutions of their official languages obligations when interacting with the travelling public during the event.

1.3 OCOL verified and examined to what extent federal institutions and other organizations subject to the Act took into account the needs of official language communities in developing and implementing their policies and programs and in delivering their services.   

The Commissioner:

  • published an audit of Service Canada in December 2010 to evaluate the services provided in both official languages by Service Canada Centres, their outreach sites and call centres. The Commissioner made seven recommendations to help Service Canada improve service delivery in both official languages at designated service points and provide services of equal quality in English and French. The Commissioner is satisfied with Service Canada’s proposed action plan of measures and timelines to implement these recommendations. 
  • investigated over 109 complaints related to the advancement of English and French (Part VII). Canadian Heritage, Industry Canada, Statistics Canada and the Treasury Board Secretariat of Canada each received 21 complaints, for a total of 84 complaints, as a result of the Government of Canada’s decision to eliminate the long-form questionnaire of the 2011 Census. 

OCOL:

  • initiated an audit of Industry Canada to examine the extent to which its program development and implementation considers the needs of official language communities. The audit continues into 2011–12.

1.4 OCOL reported to Parliament on how official languages and linguistic duality were handled during the Vancouver 2010 Olympic and Paralympic Winter Games, with the objective of improving the travelling public’s experience during other international events and to leave Canadians with a permanent official languages legacy.

The Commissioner:

  • published the final report to Parliament on how official languages and linguistic duality were handled during the 2010 Vancouver Olympic and Paralympic Winter Games. Apart from the issues related to the use of French in the opening ceremony of the Olympic Games, it successfully reflected the fact that English and French are the two official languages of Canada and are at the core of our national identity. 
  • launched a guide, Organizing a Major Sporting Event in Canada: A Practical Guide to Promoting Official Languages. This guide is based on the lessons learned at the Vancouver Winter Games. The guide will help federal institutions and organizing committees of future large-scale sporting events to better understand, plan, implement and monitor their activities toward the full respect and inclusion of English and French.   
  • appeared before the House of Commons Standing Committee on Official Languages in the context of the tabling of the Commissioner’s 2009–10 Annual Report. The presentation also provided an opportunity to discuss the Commissioner’s report to Parliament on the Vancouver 2010 Olympic and Paralympic Winter Games. The Commissioner also met with the Clerk of the Privy Council Office, as well as other key ministers, to discuss the findings and recommendations contained in the two reports and to emphasize the role of various federal institutions in implementing these recommendations. The very considerable contributions of OCOL surrounding the Vancouver Games were recognized by the President of the International Olympic Committee and earned the Commissioner the Canadian Club of Vancouver Chapter’s Baldwin-Lafontaine prize. This legacy is expected to benefit the organizers of the Toronto 2015 Pan American and Parapan American Games.

Priority 2 Type1 Strategic Outcome
Promote to Canada’s two official language communities, the value of linguistic duality as one of the key elements of Canadian identity. New 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.
Status: Met all

2.1 OCOL raised awareness of the importance and value of linguistic duality among Canadians (Anglophones and Francophones), among youth in particular at the post-secondary level, and among key players.  

The Commissioner:

  • met with university rectors and other post-secondary personnel across Canada, as well as education ministers across the country, with a view to promoting OCOL’s 2009 study Two Languages, a World of Opportunities: Second-language learning in Canada’s universities, examining the possibilities for second-language learning at Canadian universities. The first-ever survey of second-language course offerings at Canada’s 84 universities had identified important gaps that were preventing students from developing their second language skills as they pursued higher education and prepared to enter the workforce. The study was the basis for a series of round tables organized in collaboration with the provincial branches of Canadian Parents for French in the four Atlantic Provinces and Manitoba. The goal of these meetings was to reflect on the issues raised in the report and to initiate a dialogue with the participants to improve second-language learning opportunities in universities.

OCOL:

  • designed, published and distributed a new poster, “Bilingualism at work / Le bilinguisme au travail,” as part of a series of information products for educators seeking enriched content on linguistic duality in the classroom. The new poster is featured in the reference guide Official Languages in the Classroom: Resources for Teachers. Demand for the products in the guide remains strong and promotes traffic on OCOL Web site.
  • rewrote and redesigned its overview booklet on the Official Languages Act. Along with a new edition of the pamphlet Filing a Complaint, these products offer Canadians a plain-language explanation of the Act and a means of seeking remedy when federal institutions fail to respect their language rights.
  • devoted significant promotional efforts this year to teachers and educators across the country given the important role played by secondary and postsecondary institutions in raising the profile of linguistic duality as a value in Canadian society. Specifically, OCOL engaged second-language teachers, students and parents through in-person contacts at kiosks at special events in the regions, including Linguistic Duality Day, Townshippers’ Day (in Quebec’s Eastern Townships), Canadian Parents for French regional meetings and convocation ceremonies, where OCOL also disseminated its interactive CD identifying Canadian universities with official languages learning opportunities. OCOL’s diverse resources for teachers/educators made its debut at the conference of the Canadian Association of Immersion Teachers.
  • increased its participation in the Canada School of Public Service three-year pilot project (funded under the Roadmap for Canada’s Linguistic Duality 2008–13) that is sharing on-line language training tools and products with selected Canadian universities. This initiative is strengthening partnerships between the federal government and Canadian universities, providing students a better understanding of the advantages of linguistic duality in Canada, and supporting Public Service Renewal by generating more graduates capable of meeting the federal public service official languages requirement. The pilot project, which began in the winter of 2011, is already well under way, with 10 universities and more than 200 students participating. 

2.2 Encouraged regional federal councils across the country to promote linguistic duality as a value in the public service and held activities in the context of an annual Linguistic Duality Day.

OCOL:

  • held regular meetings with regional federal councils and official languages committees, with a view to raising awareness among regional managers of their leadership role in creating a work environment conducive to the use of both official languages. 
  • worked with the Alberta Federal Council, through its Alberta, British Columbia, Northwest Territories, Yukon and Nunavut regional office, to offer a three-day symposium in Edmonton attended by 800 delegates, entitled “AFFECTS – Connect, learn and lead.” The event targeted federal managers from northern and western Canada and sought to support their professional development. 
  • collaborated, in its capacity as executive committee member of the Pacific Federal Council, on the development of a reference guide for official languages advisors in federal institutions in British Columbia. This guide will assist advisors in understanding their roles and how to better apply objectives and policies within their functions.     
  • OCOL’s Ontario regional representative participated in the Ontario Federal Council’s strategic planning retreat and succeeded in including “official languages” in two of the four priorities, in particular with regard to Public Service Renewal and Management Excellence. The Council also committed to continue sponsoring and coordinating the French Language Maintenance courses that are available to federal government employees at the B and C levels in Toronto, Downsview, Burlington, Hamilton and Kingston. The Council will approach the Canada School of Public Service to develop a pilot program to provide these sessions via teleconference to a greater number of employees across the province. 
  • worked through the Quebec Federal Council and its various committees and networks (including public service renewal, diversity and official languages) to encourage leadership on linguistic duality within the Quebec federal public service. The Quebec regional representatives also ensured that official languages would be a priority for the Council in its strategic plan. For example, the Council showed exemplary leadership in organizing activities to mark Linguistic Duality Day in the Quebec region.
  • worked with the New Brunswick Federal Council in organizing an event to mark the fifth anniversary of amendments to Part VII of the Official Languages Act in the context of Official Languages Week 2011. The Council assembled representatives from 30 federal institutions and 29 community organizations to discuss issues relating to the implementation of Part VII. Entitled En dialogue avec la communauté, the discussion not only raised awareness among public servants of the importance of Part VII, but it also started the dialogue and helped forge links between federal public servants and the communities they serve. OCOL encouraged the involvement of federal institutions, as well as open dialogue with the community and concrete undertakings vis-à-vis Part VII. An OCOL representative also addressed the assembly, presenting the Commissioner’s Part VII implementation principles to help the federal government better understand the meaning of “positive measures”. These principles can be summarized as follows: a proactive and systematic approach and targeted treatment (the Part VII “reflex”), active participation by all Canadians, and a constant improvement process for the policies and programs according to Part VII. These principles were introduced in the Commissioner’s 2006–07 Annual Report.
  • collaborated with the Canada School of Public Service in June 2010 on a presentation aimed at communications managers from federal institutions that participate in the Manitoba Federal Council. OCOL was asked to explain the communications-related obligations of federal institutions under the Act, including those relating to publicity, special events, news releases and backgrounders.

2.3 OCOL continued to act as a bridge builder between the federal government and other orders of government, as well as local governments and official language minority communities, so that public policies better reflect Canada’s linguistic duality.

The Commissioner:

  • continued to monitor the implementation of the judgment of the Northwest Territories Supreme Court requiring the creation of a consultation/cooperation committee bringing together representatives of the Northwest Territories government and the Fédération franco-ténoise to consult on the drafting, implementation, administration and promotion of a comprehensive implementation plan to guide communications and services under the Northwest Territories Official Languages Act in all government institutions. 
  • met with the New Brunswick Commissioner of Official Languages, as well as representatives of the University of Moncton, dignitaries, leaders and academics at a conference honouring former Supreme Court of Canada Justice Michel Bastarache.
  • met with Manitoba Premier Greg Selinger to discuss issues dealing with immigration and harmonized services involving language of work. 

OCOL:

  • continued to forge links with municipal government representatives by participating in the 2010 annual general meetings of the Francophone associations for Ontario and New Brunswick of municipalities, underscoring the important role played by municipalities in the promotion of linguistic duality and the development of minority language communities.

Priority 3 Type1 Strategic Outcome
Support official language minority communities in order to foster their development and vitality. Previously committed to 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.
Status: Met all

3.1 OCOL contributed to a better understanding of the implementation of Part VII of the Act in the context of the fifth anniversary of the amendments to the Act, and encouraged the government to pursue a constructive dialogue with official language minority communities.

The Commissioner:

  • requested, in partnership with the Canadian Heritage Support Programs, that the Canadian Institute for Research on Linguistic Minorities conduct a comprehensive study of northern Francophone communities—Northern Francophone Communities: Vitality of Francophone Communities in the Territories (Summary of a study by the Canadian Institute for Research on Linguistic Minorities). The objective of the study was two-fold: to determine the factors that help or hinder the vitality of Francophone communities and to propose measures that could guide territorial and federal agencies, as well as community organizations, to support this vitality. The Francophone community in the Yukon organized a presentation of the study at the annual general meeting of the Association franco-yukonnaise.
  • published a study entitled Vitality Indicators for Official Language Minority Communities of Three Francophone Communities in Western Canada. The study, part of a multi-year action-research project aimed at better understanding the practical aspects of assessing community vitality, has three parts: Rural Francophone communities in Saskatchewan (February 2010); The British Columbia Francophone Community (April 2010); and The Calgary Francophone Community (April 2010).  

OCOL:

  • organized a discussion forum on implementing Part VII of the Act, working with a range of federal government and community stakeholders, including the Fédération des communautés francophones et acadienne du Canada, the Quebec Community Groups Network, Canadian Heritage and the Council of the Network of Official Languages Champions. About 100 representatives of federal institutions and minority language communities participated in the March 2011 forum in Ottawa, where participants learned about one another’s implementation successes and challenges and gained a better understanding of the issues associated with this Part of Canada’s Official Languages Act.
  • developed a strategy for intervening with the Federal Economic Development Agency for Southern Ontario to raise the organization’s awareness of the Part VII obligations. 
  • continued to monitor and collect information on the successes, challenges and issues relating to the implementation of the Roadmap for Canada’s Linguistic Duality 2008–13, and participated in formal dialogues with Canadian Heritage and Industry Canada and informal discussions with other federal government partners. OCOL also contributed to various implementation committees, such as the Citizenship and Immigration Canada – Francophone Minority Communities Steering Committee, and the Interdepartmental Research Committee on Community Economic Development.

3.2 OCOL intervened before the courts to ensure that the 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 developing and enhancing the vitality of the country’s official language minority communities.  

The Commissioner:

  • initiated a legal proceeding against CBC/Radio-Canada 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.
  • intervened before the Federal Court in Thibodeau v. Air Canada. Given the importance of the issues raised in this matter, particularly with regard to the scope of Air Canada’s obligations and the systemic nature of the alleged violations, the Commissioner was granted intervenor status before the Federal Court on June 11, 2010. The case was heard by the Federal Court in March 2011.


Priority 4 Type1 Strategic Outcome
Strengthen organizational capacity by applying sound management principles and practices with respect to corporate priorities. Previously committed to 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.
Status: Met all

4.1 OCOL updated its governance mechanisms to provide an accountability framework that acknowledges its independent status.  

OCOL:

  • completed a horizontal A-Base review, which aimed to assess whether the organization had enough financial and human resources to deliver its mandate over the next five years. This review provided OCOL’s senior officials with a common understanding of both the organization’s resource requirements for the coming years as well as alternatives for meeting those requirements through realignment and efficiency improvements. It was determined that OCOL did not have the capacity to finance the information management/information technology (IM/IT) investments required. The A-Base review also brought to light a number of significant gaps within the workflow management and tracking process of Compliance and Assurance Branch (CAB), which undermined CAB’s ability to fully meet service standards and to potentially prevent a new backlog of cases from building. In 2010-11, CAB began work on a temporary system to track, monitor and report on workflow, pending a decision on a Treasury Board Submission requesting additional funding to update OCOL’s IM/IT systems and infrastructure. In 2011–12 OCOL will continue working with Treasury Board Secretariat officials to obtain the one-time funding required to address these critical shortfalls. 
  • followed up on the recommendations of the internal audit conducted in 2009–10 on IM/IT governance by: updating the mandate of the IM/IT Advisory Committee; reviewing the IM/IT Strategic Plan; developing guidelines for improving the management of emails and guidelines for project management.   
  • conducted an internal audit on integrated planning practices. Based on the preliminary observations and overall scope of the audit, OCOL has to adjust some of its practices related to the adequacy, effectiveness and rigorousness of its integrated planning process. In early 2011–12, an action plan will be prepared by management in response to the audit recommendations.
  • followed up on the recommendations of the internal audit conducted in 2008–09 on human resources management practices. As a result, improvements have been made to the performance evaluation process; initiated senior executive succession plans reporting to the Commissioner; developed governance tools in performance measurement; developed guidelines and procedures for exit interviews; and reviewed the pride and recognition program. As well, actions in response to some of the internal audit recommendations have been integrated into the multi-year human resources management strategic plan presented below under 4.2.   
  • strengthened its decision-making process by adding to its governance structure the recently created advisory committees (Human Resources Management and IM/IT) and by updating its delegation instruments in the areas of human resources and finance. 

4.2 OCOL updated its multi-year strategic human resources management plan (SHRMP).

OCOL:

  • worked with the Human Resources Advisory Committee in identifying three corporate priorities: 1) infrastructure; 2) effective management of the work force; and 3) an enabling workplace. These priorities are presented in the strategic human resources management plan for 2010–13. 
  • revamped the approach of its strategic human resources management plan to take into account the governmental priorities announced in 2010 and OCOL’s available resources.  
  • continued to implement the corporate action plan developed in response to the 2008 Public Service Employee Survey (PSES) results. The action plan comprises measures to support a healthy workplace culture free of harassment and discrimination, and addressing issues of workload. The PSES action plan has been integrated into OCOL’s operational planning process in 2011–12.
  • continued to increase representation of visible minorities in its workforce to 7.8% from 6.2% in this reporting period, in keeping with the 2008-11 SHRMP, which identified the Employment Equity Multi-Year Plan as a priority.  
  • integrated corporate staffing strategies into the SHRMP in response to the entity audit conducted by the Public Service Commission of Canada, thus improving OCOL’s planning and reporting requirements.

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

External Risk Factors

1) Perception that the Official Languages Act has become less important or less relevant in recent years

To address this issue, in 2008–09 OCOL initiated a process to renew its ombudsman role to better influence federal institutions and other organizations subject to the Act through concrete preventive and corrective measures. By addressing issues of systemic compliance and by improving official languages performance on an ongoing basis, the efforts involved are an investment toward the achievement of better compliance results that will benefit Canadians. These efforts continued in 2010–11.

OCOL is working closely with interested groups, including official language minority communities and parliamentarians, to ensure that it is fully aware of their current perceptions, needs and expectations. OCOL continued to work closely with parliamentarians to ensure that its role and mandate are well understood. It closely monitored all legislation and court challenges relevant to its mandate. OCOL continued promoting the knowledge of, and respect for, Canada’s two official languages as an important element of leadership within federal institutions. Strong leadership contributes to better compliance. Furthermore, the Commissioner continued to act as a bridge builder between official language minority communities and federal institutions, and worked with other orders of government (provincial and territorial), as well as local governments, to ensure official languages are given appropriate consideration during the formulation of public policies and programs.

Finally, regional representatives ensured a bridge between OCOL and Canadian citizens in their respective regions. They conducted ongoing awareness efforts among local communities, the general public and federal institutions. They monitored and ensured ongoing environmental scanning, which enabled them to identify emerging issues.

2) OCOL’s independence from the Government of Canada

To deliver on its mandate, OCOL must maintain its independence to be able to provide unbiased advice and information to Parliament. Significant progress has been made following the 2009 Treasury Board decision regarding the applicability of Treasury Board policies to Agents of Parliament. However, not all issues have been resolved and vigilance must continue to be exercised to ensure that the independence of Agents of Parliament is taken into account by the federal government.

Internal Risk Factors

3) OCOL’s organizational capacity

As an organization, OCOL faces pressures due to insufficient financial resources to fulfill its mandate and deliver results, as well as the specific challenge of recruiting staff with specialized skills at a time when numerous retirements are occurring at all organizational levels. OCOL continued to update its strategic human resources management plan so that it can build, strengthen and support its workforce in an evolving environment. As mentioned under Priority 4, OCOL undertook an A-Base review to determine if it had enough financial and human resources to deliver its mandate over the next five years. An action plan in response to the review findings is being implemented in 2011–12.

4) Information management

There are important concerns regarding expertise, experience and capacity in the area of information and technology management to support the increasing responsibilities and current and emerging needs of OCOL. An IM/IT gap analysis has been completed, and it indicates a significant discrepancy between OCOL’s current IM capacity and technological products and services and OCOL’s business requirements. Given the absence of support and warranties for OCOL’s technical platform, the hardware and software currently in use run a significant risk of failure. Thus, OCOL’s ability to deliver its programs is jeopardized. The recently conducted A-Base review confirmed that OCOL does not have the capacity to finance this investment internally. OCOL is therefore seeking funding from Treasury Board and, if this request is approved, OCOL will be able to continue implementing its five-year IM/IT Strategic Plan in 2011–12.

Summary of Performance

2010–11 Financial Resources ($000)


Planned Spending2 Total Authorities3 Actual Spending4
20,615 22,047 21,478

2010–11 Human Resources (full-time equivalents—FTEs)


Planned Actual Difference
177.5 162.6 14.9

In 2010–11 the total authorities allocated to OCOL by Parliament were $22.0 million—$20.6 million through Main Estimates and $1.4 million through Supplementary Estimates for collective agreement settlements, severance payments and parental leave payments. OCOL’s actual spending in 2010–11 was $21.5 million, $0.5 million less than the total authorities. The unused amount represents the carry forward lapsed to 2011–12 as a result of sound management control over its expenditures.

Planned FTEs reflect OCOL’s allocation of total authorities for human resources, details of which are shown in Section II of this report. Actual FTEs represent 92% of the planned FTEs. The decrease of 14.9 FTEs is mostly related to attrition, as employees leaving are not systematically replaced. OCOL was not able to use the totality of its authorized FTEs due to insufficient salary funding.

Strategic Outcome
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.

The evaluation function was implemented in 2010–11 and a three-year evaluation plan approved. The first priority is to update the performance measurement framework. Work was initiated in 2010–11 and will be finalized in 2011–12. 

Implementation of this framework, as mentioned in OCOL’s 2009–10 Departmental Performance Report, and again in OCOL’s 2011–12 Report on Plans and Priorities, 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, performance indicators and performance measurement strategies presented in this report will be refined with a view to developing and validating appropriate and meaningful performance targets by 2011–12.
Performance Indicators Targets 2010-11 Performance
Extent to which recommendations (made through audits, investigations, annual reports) are implemented within two years after their tabling. Follow-up and analysis of responses of federal institutions and organizations to the recommendations.

The Commissioner’s overarching message is that to ensure equal status of English and French in Canada, federal institutions must demonstrate coherence and leadership. By serving the public in both English and French, by creating a workplace where employees feel comfortable using the official language of their choice, and by supporting the development of official language minority communities, federal institutions strengthen each of the components of linguistic duality. In 2010–11, OCOL:

  • received 1,114 complaints, of which 981 were admissible complaints related to the implementation of the Official Languages Act; 
  • resolved 699 investigations as a result of complaints; 
  • published two audits and two follow-ups;
  • conducted one audit and initiated one audit; 
  • completed 13 report cards; and
  • published five studies.
Frequency and impact of opportunities used by OCOL to promote linguistic duality. Tracking and analysis of selected promotional activities (including speeches, symposia and information sessions), appearances before parliamentary committees and meetings with parliamentarians.

Promoting linguistic duality in Canadian society means, among other things, strengthening the vitality of official language minority communities and promoting English and French second-language learning among Canadians.

In 2010–11, to help Canadians enhance their sense of ownership of the other official language even if they do not speak it, the Commissioner:

  • appeared four times before parliamentary committees;
  • delivered 58 speeches;
  • was quoted or reported on in over 50 media sources; and
  • participated in eight conferences or symposiums.

Program Activity 2009-10
Actual
Spending
($000)		 2010–115 ($000) Alignment to Government of Canada Outcome
Main
Estimates		 Planned
Spending		 Total
Authorities		 Actual
Spending
Program Activity 1: Protection through Compliance Assurance 6,466 6,858 6,858 7,186 6,558

A transparent, accountable, and responsive federal government
Program Activity 2: Promotion through Policy and Communications 7,260 7,407 7,407 7,563 6,355
Total 13,726 14,265 14,265 14,749 12,913

Program Activity 2009–10 Actual Spending ($000) 2010–115 ($000)
Main
Estimates		 Planned
Spending		 Total
Authorities		 Actual
Spending
Program Activity 3: Internal Services 7,560 6,350 6,350 7,298 8,565

Expenditure Profile

Spending Trend from 2008–09 to 2010–11

The following chart shows OCOL’s spending trend over a three-year period.

Spending Trend

[text version]

Estimates by Vote

For information on OCOL’s organizational votes and/or statutory expenditures, please see the 2010–11 Public Accounts of Canada (Volume II).



Section II: Analysis of Program Activities by Strategic Outcome

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

Through this program activity, the Office of the Commissioner of Official Languages 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, the Commissioner may intervene before the courts in cases that deal with non-compliance with the Official Languages Act.

2010–11 Financial Resources ($000)
Planned Spending Total Authorities Actual Spending
6,858 7,186 6,558


2010–11 Human Resources (Full-time equivalents—FTEs)
Planned Actual Difference
68.0 59.6 8.4

In 2010–11, $7.2 million and 68.0 FTEs were allocated to this program activity. Actual spending was less than the allocation mainly due to a decrease in staff and a reduction in operating expenses.

Planned FTEs reflect the resources available as part of total authorities. In 2010–11, 59.6 FTEs were used. This represents 88% of the planned 68 FTEs. The decrease of 8.4 is related to attrition, as employees leaving are not systematically replaced.

Expected Results Performance Indicators Targets Performance Status

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

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

Statistics on response time

(Unable to assess the Investigations section only. OCOL will review its performance measurement framework in 2011–12).

Investigations

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

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

Service Standards

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

The Reception Centre’s ability to achieve this service standard improved significantly over the course of the reporting year. For example, in February and March 2011, the service standard was met for 100% and 97% of complaint files, respectively. 
Quality of the investigation process

Review and analysis of sample investigation files

Investigation Process

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

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

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

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

(Follow-up and analysis of the official languages practices in targeted federal institutions through: quarterly reports to institutions, performance report cards, interventions’ correspondence)

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

Implementation

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

Performance Report Cards

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

Audits

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

As presented in Section I of this report, a follow-up of the 2006 audit was published regarding language of work at the Department of National Defence (DND) Headquarters to assess the implementation of the 12 recommendations and to measure the progress made by the institution. Overall, DND has made progress and the measures presented in the progress report look promising.

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

OCOL resolved 699 eligible complaints, a majority of which (483) were from the backlog: a problem which the organization sought to resolve through quarterly blitzes. The blitzes should put OCOL in a better position to give Canadians timely responses to their complaints and their requests for information and action. OCOL focused on achieving standards for the initial processing of complaints and on measuring the quality of investigation records. Efforts have been made to commence the process of setting more thorough and measurable service standards, given available resources. This work will continue in 2011-12. A special effort has also been made to train analysts in investigation processes so that they have a good understanding of practices and methods and apply the standards of the Compliance Assurance Branch consistently. Unfortunately, the existing technical platform is composed of aging applications and technologies that are no longer certified or supported by vendors. The systems are fragile and unstable and it is hard to meet the organization’s new business needs.

Regarding investigations or proactive interventions, a sustained effort has been made with federal institutions at various levels. The preferred approach naturally incorporates, as far as possible, a range of OCOL tools (e.g. investigations, interventions, audits, report cards), so that the institutions become more aware of their official language obligations and establish mechanisms for complying with them. 

The follow-up audit process strongly reinforces the Commissioner’s message to federal institutions. The fact that OCOL conducts follow-up audits increases the awareness of federal institutions of their obligations, even as the follow-ups bring to light remaining actions required. Follow-up audits also validate the implementation of the Commissioner’s recommendations, encouraging further, proactive compliance.

As noted in Volume II of the Commissioner’s 2009–10 Annual Report, OCOL produced report cards for 16 institutions, providing them with an evaluation of their compliance with the Official Languages Act. The report card process certainly raised awareness among the targeted institutions and also improved relations between OCOL and these institutions, ultimately also improving how these organizations respected their linguistic obligations. The report card process also helped raise awareness among parliamentarians about the state of official languages compliance in federal institutions as representatives from all of the organizations featured in the Annual Report were requested to appear before the House of Commons Standing Committee on Official Languages to speak to the points raised in these report cards.
Lessons Learned

To increase understanding of language obligations on the part of federal institutions and other organizations, OCOL has sought to improve the way it communicates the methodology used in its activities (i.e. using report cards, audits and information sessions on the investigation process for parliamentarians and federal institutions). With a view to obtain from institutions a full compliance with respect to their language obligations, OCOL has improved its investigation processes and applied greater transparency in its performance measurement activities. OCOL has worked closely with federal institutions and other organizations to identify their language issues and it has shared best practices on language rights compliance. In addition, the Commissioner has held meetings with certain deputy ministers to clarify their official language obligations and clearly convey his expectations.

Program Activity 2: Promotion through Policy and Communications

Through this program activity, the Office of the Commissioner of Official Languages 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 order to fulfill its promotion role, OCOL conducts research, studies and public awareness activities as well as intervenes with senior federal officials so that they instill a change in culture to fully integrate linguistic duality in their organizations.

2010–11 Financial Resources ($000)
Planned Spending Total Authorities Actual Spending
7,407 7,563 6,355

2010–11 Human Resources (Full-time equivalents—FTEs)
Planned Actual Difference
55.0 53.1 1.9

In 2010–11, $7.6 million and 55 FTEs were allocated to this program activity. Actual spending was less than the allocation mainly due to a reduction in high level staff and contribution to internal reallocations.

Planned FTEs reflect the resources available as part of total authorities. In 2010–11, 53.1 FTEs were used. This represents 97% of the planned 55 FTEs.

Expected Results Performance Indicators Targets Performance Status

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

 Impact of the Commissioner’s interventions on the formulation of evolving legislation, regulations and policies.

Through appearances before parliamentary committees and other representations with parliamentarians.

Content analysis of:

(i) parliamentary committee reports, transcripts and Hansards;

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

Parliamentary Appearances by the Commissioner

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

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

Air Canada

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

Bilingualism of Supreme Court judges

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

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

Communications with and services to the public

Bill S-220, tabled on June 9, 2010, sought to update provisions of the Official Languages Act on communications with and services to the public so as to reflect the current demographic, sociolinguistic, judicial and legislative context. The Commissioner closely monitored the Bill through second-reading debate in the Senate.

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

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

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

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

Review of the number and range of inquiries and correspondence with the public.

Communication with the Public

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

Annual Report

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

Promotion and Awareness Raising

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

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

Liaison with Official Language Communities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canadian Parents for French-Nova Scotia held a Bilingual Career Exploration Day in Dartmouth that enabled 725 French as a second language (FSL) students from schools as far away as Pugwash to meet with representatives of government, university and private employers to encourage young people to pursue bilingual careers. OCOL’s Atlantic regional representative delivered four workshops targeting student and teacher audiences. The workshops outlined the value of FSL learning and explored opportunities at the post-secondary level.
Canadian public policy is influenced by research and analyses on language rights and linguistic duality issues. Key public stakeholders have had access to, and considered, the research and analyses of the Office of the Commissioner in their policy making.

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

Research and Studies

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

As referred to in Section I of this report, the publication of studies in 2010-11 contributed to increasing Canadians’ awareness of the benefits of linguistic duality, including: the final report of the Vancouver 2010 Olympic and Paralympic Winter Games; a guide to promote linguistic duality during major sporting events in Canada; the leadership competencies profile for official languages and the on-line self-assessment tool for managers; the study of northern Francophone communities; and the vitality indicators for official language minority communities in Western Canada.
Performance Summary and Analysis

The Commissioner, with the support of his staff, continued working with parliamentarians, federal institutions and other organizations subject to the Official Languages Act, official language communities and the Canadian public in promoting linguistic duality and the importance of bilingualism.

OCOL conducted research, studies and public awareness activities, as well as intervening with senior federal officials to help to fully integrate linguistic duality in their organizations.

Conferences, symposiums and 58 speaking engagements gave the Commissioner the opportunity to emphasize, to the Canadian public, the role that linguistic duality plays, as a fundamental value in Canada, in promoting dialogue among Canadians.

A highlight was the International Conference on Language and Territory, which brought together all linguistic commissioners (Canada, New Brunswick, Northwest Territories, Nunavut and Ontario). The five commissioners called on the federal and provincial governments to ensure the vitality of official languages and of minority-language communities. They believe that linguistic and cultural diversity enriches all peoples and should be promoted and respected more fully, particularly in this era of globalization.

Direct contact with the public is always an enriching experience for the Commissioner and his staff, particularly in the regions. OCOL hosted kiosks at national and regional events explaining Canada’s linguistic duality and policies and the role the Commissioner plays in overseeing the full implementation of the Official Languages Act, protecting the language rights of Canadians, and promoting linguistic duality and bilingualism in Canada. Raising awareness of the importance and value of linguistic duality among Canadians, especially among youth at the post-secondary level, is of particular interest to the Commissioner. Young Canadians have the responsibility of building the future of linguistic duality in Canada.

The Commissioner continued working with municipal government representatives and reiterated the important role they play in the promotion of linguistic duality and the development of minority language communities. Building bridges between the federal government and other orders of government and official language minority communities is key to ensuring public policies better reflect Canada’s linguistic duality.

Finally, the Commissioner continued monitoring the government’s efforts to enhance the vitality of English and French linguistic minority communities in Canada, to support and assist in their development, and to foster the full recognition and use of both English and French in Canadian society.
Lessons Learned

During 2010–11, OCOL commissioned a project to consult the recipients of the 2009–10 Annual Report to collect perceptions from readers; explore the relevance, usefulness and use of the annual report; and obtain insight for future editions. The results of the consultation process confirmed that this publication is useful and that this new approach adopted during the last two years is appreciated by its readership. The consultation also highlighted the fact that OCOL could eventually move to a more cost-efficient electronic format.

Program Activity 3: Internal Services6

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. 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, Material 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.

2010–11 Financial Resources ($000)
Planned Spending Total Authorities Actual Spending
6,350 7,298 8,565

2010–11 Human Resources (full-time equivalents—FTEs)
Planned Actual Difference
54.5 49.9 4.6

In 2010–11, $7.3 million and 54.5 FTEs were allocated to this program activity. Actual spending was more than the allocation mainly due to internal reallocations.

Planned FTEs reflect the resources available as part of total authorities. In 2010–11, 49.9 FTEs were used. This represents 92% of the planned 54.5 FTEs. The decrease of 4.6 is related to attrition, as employees leaving are not systematically replaced.

Expected Results Performance Indicators Targets Performance Status

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

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

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

Audit and Evaluation Committee Annual Report

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

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

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

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

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

As outlined in the AEC annual report, the external members “are pleased with the operations of the committee over the past year. It is now a mature committee, bolstered by the addition of responsibility for evaluation and operating, as it has in the past, in an open and professional manner that reflects the Commissioner’s commitment to good management in this small organization.” In addition, “The internal audit function supports management in ensuring the effectiveness of risk management, governance and control processes, including financial control. In OCOL, the internal audit function provides a high degree of assurance to management from a relatively small resource base. We are pleased to play our role as part of it.”
Performance Summary and Analysis

The Audit and Evaluation Committee assessed that OCOL continues to improve its management framework with more rigorous processes, practices, controls and tools. More work is required in the area of performance measurement. The evaluation function developed in 2010−11 will support the performance measurement framework. OCOL will be in a better position to realign its reporting requirements and set appropriate and meaningful performance targets.

In addition to achievements noted in the above table, OCOL:

  • issued new human resources delegation and finance delegation instruments;
  • drafted a policy and directive on workplace health and safety;
  • developed an evaluation policy and a three-year evaluation plan;
  • initiated a business continuity plan, including threat and risk assessments;
  • conducted a comprehensive review of activities and financial performance history in light of government-wide fiscal constraints;
  • launched an initiative to renew OCOL’s computer systems and modernize its business processes. Again, full implementation of this initiative depends on securing the one-time funding for which OCOL has continued to work with the Treasury Board Secretariat to obtain the funding needed to deliver on its mandate, including, in particular, funding for an Integrated Enterprise Management Solution;
  • pursued a pilot project launched in 2009–10 in the Ontario region to optimize the opportunities for regional promotion and intervention and thus promote the Commissioner’s role as a linguistic ombudsman; and
  • made organizational and process changes including: strengthening its management team, refining business processes, introducing an OCOL-wide integrated planning process and developing key strategies to support corporate resource management.
Lessons Learned

Following the A-Base review completed during this reporting period, a monitoring of the organization’s salary expenditures was necessary to ensure financial stability for OCOL and to better position the organization for the implementation of its priorities and action plans. A review committee was put in place as a pilot project for six months to act as a mechanism to increase monitoring of staffing activities. The Committee’s responsibility was to analyse all staffing requests sent to the Human Resources Directorate, in light of the A-Base review recommendations and action plan, and to recommend to the Commissioner the approval of staffing requests. The Committee’s success in monitoring human resources staffing activities, which also provided learning opportunities for managers involved in that process, led to the permanent establishment of the committee for senior management to be aware of organizational staffing decisions and to improve sound management practices in the organization.  



Section III: Supplementary Information

Financial Highlights

In the previous sections, OCOL reports its actual spending based on a government funding basis (Public Accounts of Canada). In this section, the financial information is presented on an accrual accounting basis (financial statements).

Condensed Statement of Financial Position
As at March 31, 2011 ($000)
  % Change 2010–11 2009–10
Total assets (12) 2,849 3,239
Total liabilities 2 5,381 5,276
Equity of Canada (24) (2,532) (2,037)
Total (12) 2,849  3,239 

The decrease of $0.4 million in the assets at year-end is attributable to the fact that the net value of the tangible capital assets have decreased, as amortization expenses exceeded the purchase of new acquisitions.

The liabilities at year-end have not changed significantly compared to the previous fiscal year.

The decrease of $0.5 million in the Equity of Canada results mainly from the reduction of $0.4 million in assets.

Condensed Statement of Operations
For the year ended March 31, 2011 ($000)
  % Change 2010–11 2009–10
Total expenses 0.33 24,935 24,852
Total revenues N/A N/A N/A
Net Cost of Operations 0.33 24,935  24,852 

In 2010–11, OCOL’s net cost of operations was $24.9 million. The net increase of $83,000 from 2009–10 is mostly attributable to professional services costs. As a small organization, OCOL must call on professionals under service contracts since it cannot have on staff all the expertise required to fulfill its mandate. 

Financial Highlights Charts/Graphs

The break-down of the net cost of operations of $24.9 million by program activities is as follows: 

Expenses by Program Activity 2010-11

[text version]

Financial Statements

OCOL’s audited financial statements can be accessed using the following link: http://www.ocol-clo.gc.ca/html/finstate_etatsfin_1011_e.php

List of Supplementary Information Tables

All electronic supplementary information tables found in the 2010–11 Departmental Performance Report can be found on the Treasury Board of Canada Secretariat’s Web site:

  • User Fees Reporting
  • Green Procurement
  • Internal Audits and Evaluations

Section IV: Other Items of Interest

Organizational Contact Information

For further information, visit OCOL’s Web site or contact one of the following offices:

Headquarters

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

Tel.: 613-996-6368 or 1-877-996-6368
Fax: 613-993-5082
Email: message@ocol-clo.gc.ca

Regional Offices

Atlantic Region
Moncton
Tel.: 506-851-7047 or 1-800-561-7109
Fax: 506-851-7046

Quebec Region
Montréal
Tel.: 514-283-4996 or 1-800-363-0628
Fax: 514-283-6677

Ontario Region
Toronto  
Tel.: 416-973-1903 or 1-800-387-0635
Fax: 416-973-1906

Sudbury 
Tel.: 705-671-4101 or 1-888-272-3704
Fax: 705-671-4100

Manitoba and Saskatchewan Region
Winnipeg           
Tel.: 204-983-2111 or 1-800-665-8731
Fax: 204-983-7801

Regina           
Tel.: 306-780-7866 or 1-800-665-8731
Fax: 306-780-7896

Alberta, British Columbia, Northwest Territories, Yukon and Nunavut Region

Edmonton
Tel.: 780-495-3111 or 1-800-661-3642
Fax: 780-495-4094

Vancouver
Tel.: 604-666-5802 or 1-800-661-3642
Fax: 604-666-5803

  • 1 Type is defined as follows: Previously committed to—committed to in the first or second fiscal year before the subject year of the report; Ongoing—committed to at least three fiscal years before the subject year of the report; and New—newly committed to in the reporting year of the Departmental Performance Report.
  • 2 Planned spending: is the estimate of the amount that was expected to be spent for the year at the time the Report on Plans and Priorities was prepared.
  • 3 Total Authorities: include both the Main Estimates for the year, as well as any additional funding provided by Parliament during the year.
  • 4 Actual spending: represents the cash related expenses and acquisitions of assets such as tangible capital assets, made during the year and not the non-cash expenses incurred during the year as per the financial statements (i.e. services provided without charge by other departments).
  • 5 Commencing in the 2009–10 Estimates cycle, the resources for Program Activity 3, Internal Services are displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. This has affected the comparability of spending and FTE information by program activity between fiscal years.
  • 6 Given the legislated requirement to pursue court action under the law, legal services are excluded from Internal Services at OCOL and form part of Program Activity 1 – Protection Through Compliance Assurance. Equally, given its specific mandate, OCOL’s communications services are not included in Internal Services but rather form part of Program Activity 2 – Promotion Through Policy and Communications.