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SECTION I – OVERVIEW

Commissioner’s Message

I am pleased to present you with this Performance Report for the period ending March 31, 2007, prepared by the Office of the Commissioner of Official Languages.

As an officer of Parliament and Commissioner of Official Languages, it is my duty to take all necessary measures to ensure full recognition of the equal status of both official languages and compliance with the spirit and letter of the Official Languages Act (the Act). It is also my duty to work toward ensuring compliance with the legislative intent of the Act with respect to the way that federal institutions and other organizations subject to the Act administer their affairs. I also have a responsibility to work towards the advancement of English and French in Canadian society.

Our two official languages, English and French, belong to all Canadians and are important tools for building bridges among us. The vast majority of the Canadian population willingly supports the official languages policy, even though its application is still largely misunderstood. The education and promotion role assigned to me are therefore critical and complementary to my role of protecting language rights and evaluating the government’s performance. I believe the greatest underlying value of Canada’s language policy is respect: respect for both official languages, the unilingual population, official language minority communities, citizens, taxpayers, parliamentarians and civil servants. This value is foremost in guiding both my decisions and actions.  

Since being appointed in October 2006, I have continued to apply the three-year strategic plan prepared by my predecessor, Dyane Adam, whom I would like to thank for her devotion and for the team I inherited from her. The strategic plan lays out the following goals: that federal institutions and other organizations subject to the Act respect the equal status of English and French, that the vitality of official language minority communities in Canada is enhanced in areas involving their development, that the equality of English and French is recognized and fostered as a value in an increasingly diverse Canadian society, and that the Office of the Commissioner is an exemplary work environment guided by effective and efficient management.

In 2006-2007, as language ombudsman, I received nearly 1,000 complaints, 137 of which were related to Part VII of the Act, regarding the advancement of English and French. This constitutes a considerable increase (only six complaints under the same Part of the Act in 2005-2006). The increase is due, in large part, to the budget cuts announced by the Government of Canada in fall 2006, which led to the cancellation of funding for the Court Challenges Program, among other effects. Also published were audits related to public service, access to health care and Part VII of the Act. A total of 37 federal institutions were evaluated, and the performance report cards, including a number of success stories among federal departments and agencies, are described in my first annual report for 2006-2007. I also reported on the outcomes of court cases involving the Office of the Commissioner, since legal action is part of my mandate when other means are exhausted.

To keep a close watch on official languages, I am responsible for conducting extensive research into the factors that influence the full recognition of the equality of English and French in Canada. Studies on language of work and community vitality have been published during this period, in addition to other reports on language rights and public opinion on official languages.

I also followed closely the efforts of the Government of Canada in implementing the Action Plan for Official Languages and amendments to Part VII of the Act. I reviewed the management and structure of the federal government’s Official Languages Program. My first annual report includes my findings and recommendations.

Finally, appearing before various Senate and House committees has given me the opportunity to talk about linguistic duality in Canada and to discuss the recommendations in my annual report. I consider these exchanges to be very meaningful because they allow me to build on my message to the Government of Canada and to forge ties with parliamentarians, who all have a role to play in enhancing the vitality of official language communities and promoting linguistic duality in Canada.   

I would like to conclude by thanking the staff of the Office of the Commissioner for their dedication and unparalleled commitment. Thanks to them, I have begun my seven-year term full of confidence. They also played a critical role in achieving the results you will read about in this report.

Graham Fraser

Management Representation Statement

I submit for tabling in Parliament the Performance Report for the period ending March 31, 2007 for the Office of the Commissioner of Official Languages.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports.

• It adheres to the specific reporting requirements outlined in the TBS guidance.
  
  
• It is based on the Office of the Commissioner of Official Languages approved Program Activity Architecture, approved by Treasury Board.
  
  
• It presents consistent, comprehensive, balanced and reliable information.
  
  
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it.
  
  
• It reports financial information based on approved numbers from the Estimates and the Public Accounts of Canada in the DPR.

Graham Fraser
Commissioner of Official Languages

Summary Information

Reason for Existence – The Commissioner of Official Languages has a mandate to promote the Official Languages Act (the Act) and oversee its full implementation, protect the language rights of Canadians and promote linguistic duality and bilingualism in Canada.

The following parts of the Official Languages Act are treated in this report:

Part II				Legislative and other instruments
Part III				Administration of justice
Part IV				Communications with and services to the public
Part V				Language of work
Part VI				Participation of English-speaking and French-speaking Canadians
Part VII				Advancement of English and French
Part IX				Commissioner of Official Languages
Part X				Court remedy

A copy of the Official Languages Act can be found on the Web site of the Office of the Commissioner of Official Languages (Office of the Commissioner) at the following address: http://www.ocol-clo.gc.ca.

The Commissioner works to ensure that the three key objectives of the Act are achieved, and takes all necessary measures in that regard. More specifically, the objectives of the Act are to ensure:

• the equality of English and French in Parliament, within the Government of Canada, the federal administration and institutions subject to the Act;
• the development and vitality of official language minority communities in Canada; and
• the equal status of English and French in Canadian society.

In pursuing these three objectives and the corresponding priorities, the Commissioner works to protect language rights by monitoring application of the Act by federal institutions and other organizations, and promoting Canada’s official languages and linguistic duality as fundamental aspects of our national identity. He plays six roles in this regard.

Protection:

1.  Ombudsman role – The Commissioner receives and reviews complaints and, if required, investigates and makes necessary recommendations. In this role, he also conducts investigations on his own initiative, as he deems advisable.

2.  Court intervention role – The Commissioner aids in advancing Canadians’ language rights by seeking leave to intervene, when appropriate, in adjudicative proceedings relating to the status or use of English or French and to ensure that linguistic rights are respected.

3.  Auditing role – The Commissioner plays a proactive role by conducting audits to measure the compliance of federal institutions and other organizations subject to the Act, and proposes recommendations relating to the existing management framework within organizations.

Promotion:

4.  Liaison role – The Commissioner works with federal institutions and other organizations, various levels of government and official language minority communities throughout the country. Through that interchange, he gains a better understanding of the needs and concerns of linguistic communities, makes relevant recommendations and intervenes judiciously in major official language issues.

5.  Monitoring role – The Commissioner acts preventively by intervening at the stage where laws, regulations and policies are developed so as to ensure that language rights remain a primary concern of leaders. He monitors implementation of the Act by federal institutions and other organizations, by evaluating their performance and intervening proactively before complaints are made.

6.  Promotion and education role – The Commissioner heightens Canadians’ awareness of the benefits of linguistic duality, works together with community organizations, takes appropriate action to have organizations subject to the Act give official languages and linguistic communities the attention they deserve, and contributes to the development and enhancement of the vitality of official language minority communities. This role consists of conducting research, studies and public awareness activities. He delivers speeches and participates in conferences and workshops to inform all Canadians of the status and importance of official languages.

Operating Environment

The overall planning framework of the Office of the Commissioner reflects the Commissioner’s status of independence from government and his role with regard to parliamentarians. The Commissioner of Official Languages exercises ombudsman and auditing roles to urge the compliance of organizations subject to the Act. The Commissioner also acts as a bridge builder, working to convince other federal organizations to respect the spirit and letter of the Act.

The purpose of the Act – which is the equal status of the two official languages and equality of rights and privileges regarding their use within federal institutions, as well as the recognition and vitality of linguistic duality in Canada – can be achieved only through the work of federal institutions and other organizations subject to the Act. The Office of the Commissioner therefore always seeks effective and innovative methods to encourage decision makers to achieve these results on behalf of Canadians.

The Office of the Commissioner works closely with these organizations to foster a better understanding of the importance of linguistic duality. By encouraging federal institutions and other organizations subject to the Act to serve Canadians in the official language of their choice, the Commissioner contributes to change in the government’s organizational culture and to improvements in the quality of service.

Internal and External Factors

In its day-to-day activities, the Office of the Commissioner nurtures relationships with four main key actors: parliamentarians, federal institutions and other organizations subject to the Act, official language minority communities and the Canadian public.

The Office relies on the actions of its many partners to achieve the Act’s objectives. In this respect, the Office of the Commissioner’s approach must be flexible yet focused to account for shifts in the political, social and economic environment.

Like other federal institutions, the Office of the Commissioner espouses rigorous management principles and practices, and continually strives to be a learning organization where employees can improve their knowledge and skills. More specifically, the Office’s management practices incorporate key elements of the Treasury Board Secretariat’s Management Accountability Framework, to:

• Think of citizens first;
• Apply rigorous policy analysis;
• Consider key risks;
• Employ the right work force;
• Ensure that public resources are managed responsibly;
• Assign clear accountabilities, with due regard to capability.

The Office of the Commissioner of Official Languages uses the financial and human resources at its disposal (as reflected below) to achieve its mandate.

Total Financial Resources (in thousands of dollars)

Planned Spending	Total Authorized	Actual Spending
19,129	19,947	19,832.2

Total Human Resources (full-time equivalents)

Planned	Actual	Difference
164	154	10

Status on Performance 2006-2007

Program Activities: Investigations (Compliance Assurance) ↔ Policy and Communications
Performance Status The Commissioner made five recommendations to the Government of Canada in the 2006-2007 Annual Report. He also directly addressed federal institutions and other agencies subject to the Act in three audits, the performance report cards of 37 federal institutions, research, and three studies conducted during the period in question. Other publications were also disseminated. As language ombudsman, he received 999 complaints, in addition to carrying out 1,036 investigations and closing another 775 investigations. When necessary, he intervened before the courts on three occasions. Giving a number of speeches at conferences, symposia and other public events, as well as appearing five times before various parliamentary committees, he was able to promote and raise awareness among the Canadian population and parliamentarians of the equality of English and French in an increasingly diverse Canadian society. The Commissioner also obtained additional funds to meet the requirements of the new Federal Accountability Act. He ensured strict management of human and financial resources and compliance with applicable policies and guidelines. The Commissioner is supported by the staff of the Office of the Commissioner, located in the National Capital Region and in regional offices across Canada. Strategic Priorities
1. Federal institutions and other organizations subject to the Official Languages Act respect the equality of English and French. 1.1 Services of equal quality are available in English and French. 1.2 Measures are taken to establish a workplace that is conducive to effective use of English and French as language of work. 1.3 The composition of the organizations’ work force tends to reflect equitable representation of official language communities in Canada.	2. The vitality of the official language minority communities in Canada is enhanced in sectors affecting the communities’ development. 2.1 Federal institutions and other organizations subject to the Official Languages Act consider linguistic minority communities’ needs in the development and implementation of their strategic planning, policies and programs, and are accountable for measures undertaken to obtain results. 2.2 The federal government encourages and supports provincial and territorial governments in adopting measures to enhance the vitality of linguistic minority communities.	3. The equality of English and French is recognized and fostered as a value in an increasingly diverse Canadian society. 3.1 Federal institutions and other organizations subject to the Official Languages Act integrate linguistic duality in the development and implementation of policies and programs. 3.2 There is a sustained level of public support for linguistic duality as a value in Canadian society.	4. The Office of the Commissioner develops and maintains an exemplary workplace and effective and efficient management. 4.1 A knowledge- based environment, where sound and clear leadership prevails, is fostered. 4.2 Risk management is embedded in the Office of the Commissioner practices, as part of modern management.
Strategic Outcome: Compliance with and respect for the Official Languages Act by federal institutions and other organizations subject to the Act.

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