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SECTION I – OVERVIEW

Commissioner’s Message

Graham Fraser, commissioner of Official Languages

I am pleased to present to Parliament the Performance Report for the period ending March 31, 2008, 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.

At the beginning of my mandate, I emphasized the importance of building bridges between official language majority and minority communities, between different federal institutions and other organizations subject to the Act and between the various levels of government. I made a strong effort to communicate with Canadians, to explain the goals of the Act and to underline that the advancement of linguistic duality in Canada is everyone’s business. However, to fully support the implementation of the Act, the government must demonstrate leadership and require that its administrators be firmly committed to promoting linguistic duality in the country. Linguistic duality is not only a requirement; it is a value, an essential characteristic of leadership in the public sector that benefits communities and Canadian society.

In 2007–2008, I observed that systemic problems continue to present a challenge, that application of Canada’s linguistic policy is incomplete and that the Government of Canada has work to do yet to achieve the goals it set for itself. To focus on results, I have decided to renew my ombudsman role, emphasizing cooperation with institutions and other organizations that are subject to the Act while ensuring protection of Canadians’ language rights. This new approach is based on two principles: sustainable and more effective resolution of complaints, and prevention of the problems that lead to complaints.

On occasion, I intervene before the courts when I have exhausted all other means at my disposal or when a court case raises important legal questions in terms of official languages. This report identifies the various court cases in which I appeared before federal courts or the Supreme Court of Canada.

Last year, in my first annual report, I recommended that the Minister for Official Languages create an initiative to succeed the Action Plan for Official Languages (2003–2008). Throughout the year, I continued to encourage the government to demonstrate leadership by ensuring continuity of the Action Plan.

At the request of the Standing Senate Committee on Official Languages, I studied in detail the transfer of responsibility for official languages coordination from the Privy Council Office to the Department of Canadian Heritage in terms of its impact on official languages management. In my 2007–2008 annual report, I presented my analysis and made three recommendations.

I also worked closely with various House of Commons and Senate committees to make parliamentarians aware of the linguistic issues related to their work.

I published three studies and a follow-up document on several subjects: vitality indicators in official language minority communities, federal institutions’ support for the arts and culture, linguistic duality and international relations (follow-up from 2004), and research funding. Two other studies were also undertaken during the year: second-language learning opportunities in Canadian universities and preparedness for the 2010 Olympic Games in Vancouver.

In October 2007, to improve our understanding of the relationship between official languages and cultural diversity, I held a discussion forum on the perspectives of Canadians of diverse backgrounds on linguistic duality. I have observed the will and strong desire for dialogue, as well as an understanding of linguistic duality as a fundamental value of Canadian society.

We launched three audits and four follow-ups during the year regarding two parts of the Act: Part IV – Communications with and Service to the Public, and Part VII – Promotion of English and French.

I am focusing our efforts on integrating the values of respect, integrity and responsibility into our management practices and principles in order to achieve sustainable results for all Canadians. We are identifying the key challenges and risks associated with the complex environment in which we work, and we have adopted strategies to face these challenges and risks in 2008–2009. One of the risk sectors is employee retention. I have therefore emphasized to my managers the importance of providing a workplace that is conducive to professional development and the integration of new employees.

I invite you to read this report, which describes the Office of the Commissioner’s initiatives and results for the Canadian public.

The original version was signed by

Graham Fraser

Management Representation Statement

I submit for tabling in Parliament the Performance Report for the period ending March 31, 2008 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 2007–2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

  • It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
  • It is based on the Office of the Commissioner of Official Languages’ Strategic Outcome and Program Activity Architecture that were approved by the 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; and
  • It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

The original version was signed by

Graham Fraser
Commissioner of Official Languages

Summary Table

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

Financial Resources (in thousands of dollars)


2007–2008
Planned Spending Total Authorities Actual Spending
19,232 21,157 20,346

Human Resources (full-time equivalents (FTEs))


2007–2008
Planned Actual Difference
167 151 16

During the 2007–2008 fiscal year, the Office of the Commissioner developed a performance measurement framework based on Treasury Board Secretariat requirements and reflecting the Commissioner’s status as an officer of Parliament independent from the government.

The performance measurement framework, consisting of a program activity architecture revised this year, will be included in the Office of the Commissioner’s Report on Plans and Priorities for 2009–2010, and will set out a series of performance indicators. Starting in 2008–2009, the Office of the Commissioner will gradually develop data collection mechanisms. This framework will thus measure the efficiency and effectiveness of the organization in achieving its targeted strategic results.

Strategic Priorities for the Office of the Commissioner: 2007–2010


Name
(priority title)
Type
(new, ongoing or already established in the RPP)
Assessment on Progress Towards Priorities
(performance measurement framework)

1. Federal institutions and other organizations subject to the Official Languages Act respect and promote the equal status of English and French.

Already established

Implementation of the performance measurement framework is planned for 2009–2010. See explanation on previous page.

2. The vitality of official language minority communities in Canada is enhanced in sectors affecting development of the communities.

Already established

3. Equality of English and French is recognized and fostered as a value in an increasingly diverse Canadian society.

Already established

4. The Office of the Commissioner develops and maintains an exemplary workplace that is managed effectively and efficiently.

Already established

Program Activities by Strategic Outcome


Strategic Outcome: Compliance with and respect for the Official Languages Act by the federal institutions and other organizations subject to the Act.
Program
Activity
Title
Expected Results Performance Status 2007-2008
(in thousands of dollars)
Contributes to the Following Priority
Planned Spending Actual Spending

Compliance Assurance

Protection/Prevention

  • Investigations




 

 

 

  • Performance measurement of institutions and other organizations
  • Audits and follow-ups

 

 

 

 

  • Legal affairs

 

884 complaints received
634 investigations conducted
643 complaints closed in 2007–2008, 303 of which were received before this year
38 institutions and organizations evaluated

 

2 preliminary report audits
(8 recommendations each)
4 follow-ups with 7 institutions
(50 recommendations put forward in the 2005 audits)

6 legal remedies

8,958 9,217  

 

 

 

 

 

 

 

 

 

 

 

 

1 – Respect for official languages

 

2 – Community development

 

3 – Equality and value of official languages

 

Policy and Communi-
cations

Promotion/Education

  • Research, studies and policy analyses
  • Liaison and prevention

 

 

 

 

  • Awareness (communication)

 

 

 

  • Parliamentary relations

 

3 studies and 1 follow-up
36 recommendations
176 events and meetings across the country (95 involving the public service; 74 involving official language minority communities; 7 involving other organizations)
797 information requests
154 interviews
75 speeches
18 press releases
10 new promotional and communications products
7 parliamentary appearances

10,274 11,129

Operating environment

The purpose of the Act—which is to ensure the equal status of both official languages, their equal rights and privileges in terms of use in federal institutions and the recognition and promotion of linguistic duality in Canada—can only be achieved through actions taken by federal institutions and other organizations subject to the Act. 

For this reason, the Office of the Commissioner is always looking for effective and innovative methods to encourage decision-makers to achieve the best results for Canadians. Most notably, the Office of the Commissioner has strengthened its strategic analysis capacity based on available resources in order to develop proactive and preventive strategies for working with institutions.

The Office of the Commissioner maintains relationships with four key groups: parliamentarians, federal institutions and other organizations subject to the Act, official language minority communities and the Canadian public. It works closely with these groups so they better understand the importance of linguistic duality. The results achieved by the Office of the Commissioner depend on the actions taken by its many stakeholders; in this regard, while remaining targeted, its approach must be flexible to take into account and address the changing political, social and economic context.

By encouraging federal institutions and other organizations subject to the Act to serve Canadians in the official language of their choice and respect the language of work of their employees, the Office of the Commissioner is helping change the government’s organizational culture and improve the quality of service to the public.

In his annual report, and as set out in section 66 of the Act, the Commissioner submitted to Parliament his findings on the implementation of the Act. The purpose of this report is to provide an overview of Canada’s linguistic policy, assess progress and setbacks, and make recommendations for proposed changes deemed necessary or desirable for organizations to meet the Act’s objectives. The report also serves to remind the government of its obligations to the Canadian public. The annual report formed the basis of the preparation of this performance report.

Governance structure

The integrated governance structure of the Office of the Commissioner also includes committees to support the Commissioner in the management of the organization.

Integrated Governance Structure

The Executive Committee is the primary decision-making body, overseeing management and administration at the Office of the Commissioner. It sets long-term strategy and priorities for the organization. The Executive Committee, chaired by the Commissioner, is responsible for allocating the budgetary credits voted by Parliament and overseeing the performance of the Office of the Commissioner.

The Internal Audit Committee serves primarily to ensure that the Commissioner of Official Languages has in place systems and processes required to ensure proper control and accountability of the organization. Chaired by the Commissioner, this committee is composed of two external members, in compliance with the internal audit policy of the Treasury Board of Canada Secretariat. The Office of the Commissioner’s new internal audit policy determines the strategic framework guaranteeing an independent assessment of the integrity of the Office of the Commissioner’s risk management practices, control framework, governance processes, and the information used in decision making and producing reports.

The Compliance Assurance Branch Management Committee is the decision-making body responsible for managing and overseeing the operations of the Compliance Assurance Branch. The Committee supports the Assistant Commissioner, Compliance Assurance in the financial and human resources management of the Branch and in developing operational strategies. The Committee also provides a forum for discussing how to process certain complaints, and advises the Executive Committee on these and audit and performance measurement issues.

The Policy and Communications Management Committee is the decision-making body responsible for managing and overseeing the operations of the Policy and Communications Branch. The Committee discusses national and regional issues related to policy, research, communications and planning, and provides strategic advice and recommendations to the Executive Committee. As well, the Committee supports the Assistant Commissioner responsible for this branch in the financial and human resources management of the Branch and in developing operational strategies.

The Corporate Services Management Committee is the decision-making body responsible for managing and overseeing the operations of the Corporate Services Branch. The Committee supports the Assistant Commissioner, Corporate Services in the resource management of corporate services at the Office of the Commissioner. The Committee discusses issues related to corporate services (human resources, finance, administrative services, information technology and information management including access to information and the library, evaluation and internal audit), provides strategic advice and recommendations to the Executive Committee and shares information and ensures follow-up on decisions.

The Office of the Commissioner’s corporate risk profile

The Office of the Commissioner developed a corporate risk profile at the end of 2007–2008. This profile presents four risk sectors and issues originating from internal and external environments. It consists of an evaluation of the scope of the risk or issue, a description of its potential impact, and strategies and plans that the Office of the Commissioner has implemented or will implement. The risk sectors are the following:

  • perception of the relevancy of the Official Languages Act;
  • retirements, recruitment and retention;
  • resource capacity and constraints;
  • the independence of the Commissioner.

The decision-making process takes into account the corporate risk profile, and contains a number of measures in the 2008–2009 operational plans to mitigate risks.