ARCHIVED - Office of the Commissioner of Official Languages

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Message from the Commissioner of Official Languages

I am pleased to present the Performance Report of the Office of the Commissioner of Official Languages (OCOL) for the fiscal year ending March 31, 2009.

An important achievement in 2008–2009 was the renewal of my ombudsman role, which is based on two principles: a more effective resolution of complaints with sustainable results, and the prevention of problems that lead to complaints.

OCOL is becoming more proactive in its interventions, driven mainly by our constant concern for ongoing systemic issues to full compliance with the Official Languages Act (the Act). One example of preventive interventions is my study released in December 2008, Raising our Game for Vancouver 2010: Towards a Canadian Model of Linguistic Duality in International Sport. In the report, I issued recommendations to the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games to ensure appropriate service delivery during the event. OCOL also conducted an official languages awareness campaign with over 20 federal institutions that will have a key role in the 2010 Games. The campaign focused on raising awareness about the importance of integrating official languages into the planning of 2010 initiatives, both in terms of service to the public and the advancement of both official languages.

My staff conducted audits and studies throughout the year, which provided Parliament with reliable information to enable its members to fulfill their important role of holding the federal government accountable for its stewardship of the equal status of English and French in Canada. My 2007–2008 annual report and its seven recommendations informed Parliament, Canadians and government leaders of areas where changes are essential to ensure the equal status of English and French in Canada.

As 2009 marks the 40th anniversary of the enactment of the Act, the timing could not be more suitable to highlight a landmark decision of the Supreme Court of Canada in which I participated as co-appellant during the 2008–2009 period. Indeed, linguistic equality has taken an important step forward with the Supreme Court of Canada’s decision in DesRochers v. Canada (Industry), 2009 SCC 8, which will mark history as the first case in which the Supreme Court interpreted the nature and scope of linguistic obligations in communications with and delivery of services to the public under Part IV of the Act. This case will continue to be a reference and a valuable interpretive tool when measuring the compliance of federal institutions.

To ensure that linguistic duality remains a priority in Canada, OCOL continued to monitor the government’s actions under the Roadmap for Canada’s Linguistic Duality 2008–2013: Acting for the Future, which was announced in June 2008.

OCOL took part in many activities to increase Canadians’ awareness of the values of linguistic duality and the important role played by official language minority communities across the country. For example, OCOL was actively involved in promoting both official languages during the 400th anniversary of the founding of Québec City.

Finally, OCOL continued to invest in organizational management, namely to define the requirements of suitable informatics infrastructure, which is essential to program delivery, accountability to Parliament and the internal integration of decisions and planning.

The original version was signed by

Graham Fraser

Section I – Overview

1.1  Summary Information

Raison d’être

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

Responsibilities

The mandate of the Commissioner of Official Languages is set out in section 56 of the Official Languages Act:

The Commissioner therefore has a mandate to take all measures within his power to ensure that the three main objectives of the Official Languages Act are met, which are to:

• Ensure the equality of English and French in Parliament, the Government of Canada, the federal administration and the institutions subject to the Act;
• Support the development of official language communities in Canada; and
• Advance the equality of status and use 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.

In this context, OCOL has a distinct mandate under the Official Languages Act. Each federal institution is responsible for implementing the Act within its area of jurisdiction. As well, the following federal entities have particular responsibilities with respect to official languages (for a description of their specific roles refer to OCOL’s Web site at www.ocol-clo.gc.ca/html/mission_e.php):

• Treasury Board Secretariat
• Department of Canadian Heritage
• Department of Justice
• Public Service Commission of Canada
• Canada School of Public Service
• House of Commons and Senate Standing Committees on Official Languages.

Strategic Outcome and Program Activity Architecture

To pursue its mandate effectively, OCOL’s architecture of program activities consists of a single strategic outcome and three program activities (two of an operational nature and one of a management nature) 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
Sub-Activity1	3.1 Governance and Management Support 3.2 Resource Management Services

¹Since the third sub-activity identified for small agencies’ internal services, namely “Asset Management Services,” was not materially relevant to OCOL, it was not included in the PAA.

Program Activity Architecture Crosswalk

OCOL revised the wording of its strategic outcome and program activities with approval from Treasury Board in April 2008. The structure of the Program Activity Architecture (PAA) remained unchanged with a single strategic outcome and resulting program activities. The revised PAA involved no redistribution of financial resources. Descriptions for the program activities were modified slightly, as reflected in Section II of this report. A separate program activity for Internal Services was added to the OCOL PAA as per the revised profile for all federal entities since July 2008.

Former PAA included in 2008–2009 Report on Plans and Priorities	Revised PAA included in 2009–2010 Report on Plans and Priorities
Strategic Outcome: Compliance with and respect for the Official Languages Act by federal institutions and other organizations subject to the Act.	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: Compliance Assurance	Program Activity 1: Protection through Compliance Assurance
Program Activity 2: Policy and Communications	Program Activity 2: Promotion through Policy and Communications
	Program Activity 3: Internal Services

Alignment of Program Activity Architecture to Government of Canada Outcomes

The Commissioner of Official Languages is an officer of Parliament who reports directly to Parliament and is thereby independent from government.

1.2   Performance Summary

The following table presents the financial and human resources managed by OCOL in 2008–2009.

Financial and Human Resources

2008-09 Financial Resources ($ millions)

Planned Spending	Total Authorities	Actual Spending
19,906	22,040	21,167

2008-09 Human Resources (FTEs*)

Planned	Actual	Difference
177.5	155.3	22.2

*Full-Time Equivalents

OCOL was allocated by Parliament $22.0 million in Total Authorities, namely $19.9 million through Main Estimates (Planned Spending) and $2.1 million through Supplementary Estimates mainly for collective agreement settlements and severance payments. In order to fulfill its mandate, OCOL spent $21.2 million, $0.8 million less than Total Authorities.

Planned FTEs reflect OCOL’s allocation of Total Authorities for human resources, details of which are shown in section II of this report. The variance in FTEs is primarily due to reengineering of Compliance Assurance program activity and to ongoing challenges in recruiting personnel resulting in staffing delays.

Additional information is provided in section 3.1 of this report, under Financial Highlights.

Contribution of the Strategic Objectives to the Strategic Outcome

The 2008–2009 Report on Plans and Priorities (RPP) described the four strategic objectives that OCOL pursues, as set out in its 2008–2011 Strategic Plan. This 2008–2009 Performance Report presents OCOL’s performance against key commitments made under the four strategic objectives, and Section II, “Analysis by Program Activity,” states accomplishments under the PAA.

The following table presents, for each of the four strategic objectives, the key commitments made in the 2008–2009 RPP, a high-level summary of actual performance and a self-assessment of performance status based on the Treasury Board Secretariat’s scale² of expectations. Note that judgmental assessments were made using information from the regular progress reports and then translated on to the scale since no numeric target was in place in 2008–2009.

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.
Commitments Made in 2008–2009 RPP	Performance Summary	Performance Status
Strategic Objective 1: Linguistic duality, as a fundamental value, is fully integrated into the culture of federal institutions subject to the Act.
1. Examine ways to improve dispute-resolution processes and prevention activities	In 2008–2009, OCOL completed its examination of ways to improve dispute-resolution processes and prevention activities, and began implementing a new informal dispute resolution mechanism to resolve complaints, which is now called the facilitated resolution process. Out of the 606 admissible complaints received in 2008–2009, 544 (or 90%) were treated or are currently being treated using this process, and the remaining ones are being treated by way of a formal investigation. OCOL also re-examined ways of informing deputy heads of institutions about complaints, and introduced a quarterly report that was sent to 51 deputy heads twice in 2008–2009 instead of a notice of intent for each complaint. In addition, OCOL began developing and implementing specific prevention strategies, including one to improve compliance with the Act at the Toronto Pearson International Airport and another to raise awareness with key federal institutions about official languages in advance of the Vancouver 2010 Olympic and Paralympic Games (see commitment 5 below).	Met all
2. Study the principles of governing horizontal issues while taking into account the mechanisms available to the public administration to ensure the full implementation of all parts of the Act	The Commissioner addressed horizontal governance in his 2007–2008 annual report and presented three recommendations to government on how to improve the horizontal management of official languages www.ocol-clo.gc.ca/html/ar_ra_2007_08_e.php. In addition, while these recommendations have not yet been answered, the government went through transformations3 in February and March 2009 to simplify its organizational structure, reduce overlapping responsibilities and confirm the role of deputy heads as those having primary responsibility for human resources management in the federal administration. These changes contribute to the level of instability in human resources management and, by extension, in official languages management and coordination. The Commissioner took this opportunity to remind government leaders of the important role bilingualism plays in the public service.	Met all
Strategic Objective 2: The vitality of official language minority communities in Canada is continually strengthened.
3. Investigate receivable complaints that involve Part VII of the Act and follow up on the recommendation regarding budget cutbacks that included cancelling the Court Challenges Program	Part VII of theOfficial Languages Act sets out the federal government’s commitment to enhance the vitality of Anglophone and Francophone minorities in Canada and support their development, as well as to foster full recognition and use of both English and French in Canadian society. OCOL received 29 admissible complaints under Part VII of the Act in 2008–2009. This represented 5% of the 606 admissible complaints received during the year. (See section 2.2 of this report for details.) A follow-up was conducted on the Commissioner’s recommendation (from the 2007–2008 Annual Report) made to the Treasury Board Secretariat about ensuring the inclusion of Part VII requirements in expenditure reviews. As part of this follow-up, the Commissioner was informed that departments have now been instructed to discuss the impact of their activities on official language communities and to define strategies to mitigate any potential negative impact. In addition, to settle a proceeding pursuant to Part X of the Act commenced by a complainant before the Federal Court based on the Commissioner’s investigation into the budget cutbacks that included cancelling the Court Challenges Program, the government announced that it would establish a new language rights support program by the end of 2009.	Met all
4. Evaluate the government’s results under phase two of the 2003–2008 Action Plan for Official Languages	The evaluation of the Government of Canada’s 2003–2008 Action Plan for Official Languages was completed, with the results included in the Commissioner’s 2007–2008 Annual Report. The Government of Canada announced a new action plan to ensure an adequate level of funding for official languages. The Roadmap for Canada’s Linguistic Duality 2008–2013: Acting for the Future takes into account some of the concerns expressed by the Commissioner, particularly the inclusion of arts and culture. OCOL is continuing to monitor this file closely, and to urge the government, through various public forums, to ensure that all measures in the Roadmapare implemented to foster the vitality of official language communities.	Met all
Strategic Objective 3: Linguistic duality is recognized and promoted as a value in a diverse Canadian society.
5. Study how the Organizing Committee for the 2010 Olympic Games applies the requirements of its official languages agreement with the federal government	In December 2008, OCOL published the study Raising our Game for Vancouver 2010: Towards a Canadian Model of Linguistic Duality in International Sport, in which the Commissioner made several recommendations to encourage, on the one hand, the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC) to respect the language requirements set out in Annex A of the Multiparty Agreement and, on the other hand, certain institutions, including Canadian Heritage, to support VANOC in this respect. As well, OCOL conducted an official languages awareness campaign with over 20 federal institutions that have a key role to play in the context of the 2010 Games. The campaign focused on raising awareness about the importance of integrating official languages into planning for 2010 initiatives, both in terms of service to the public and the advancement of both official languages. In general, institutions welcomed the opportunity to discuss their obligations with OCOL.	Met all
6. Highlight the need to promote the learning of both official languages by youth through all levels of education	In the context of the second phase of the 2003–2008 Action Plan for Official Languages, OCOL launched a study on opportunities for learning a second language in Canadian universities. The first phase of the study was a survey that all Canadian universities were asked to complete in order to learn about existing opportunities for French second-language instruction and measures taken by English-language universities to encourage students to learn a second language in university or to maintain their existing knowledge of the second language. The study, to be completed in 2009–2010, also reviews the range of programs offered in Canada by bilingual and French-language universities, as well as the English second-language learning opportunities offered in Quebec.	Mostly met
Strategic Objective 4: OCOL fosters the growth and renewal of its personnel and applies the principles and practices  of sound management, taking into account its independence from government.
7. Improve OCOL’s performance and risk management	In 2008–2009, OCOL revised its Program Activity Architecture (which received approval from the Treasury Board Secretariat in April 2008), and developed and approved a performance measurement framework to evaluate its work on behalf of Parliament. The framework is being implemented incrementally over three years starting in 2009–2010. OCOL formalized its first corporate risk profile, which will be updated annually and used to inform strategic and operational planning, as well as internal audit planning.	Met all
8. Develop an information management and information technology strategy	A five-year information management and information technology (IM/IT) strategic plan was developed to allow OCOL to benefit from sustainable technological solutions for current and future organizational needs. The implementation plan was initiated in 2008–2009. OCOL developed a short-term funding strategy for its IM/IT investments, and continues to work closely with the Treasury Board Secretariat to prepare a business case that OCOL will present to the Advisory Panel on the Funding and Oversight of Officers of Parliament.	Mostly met

² Treasury Board Secretariat scale for performance status: exceeded – more than 100% of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the priority or result identified in the corresponding RPP was achieved during the fiscal year; met all – 100% was achieved; mostly met – 80% to 99% was achieved; somewhat met – 60% to 79% was achieved; and not met – less than 60% was achieved.

³On February 6, 2009, the Prime Minister announced the creation of the Office of the Chief Human Resources Officer, which reports to the Treasury Board Secretariat. Since March 2, 2009, the Office has been responsible for the duties of the now-abolished Canada Public Service Agency. The Office of the Chief Human Resources Officer also carries out the Treasury Board Secretariat’s former compensation and human resources management responsibilities.

OCOL is satisfied that all of the commitments it has made to advance its four strategic objectives announced in the 2008–2009 RPP were either met or mostly met. By introducing a new informal complaint resolution mechanism and developing prevention strategies such as the Vancouver 2010 awareness campaign, OCOL took measures in 2008–2009 to modernize its ombudsman role to ensure the language rights of Canadians are respected and to increase compliance with the Official Languages Act. As well, OCOL continued to monitor the government’s actions and make recommendations in various forums to ensure that linguistic duality in Canada remains a priority. Finally, OCOL continued investing in organizational management, namely to define the requirements of a suitable informatics infrastructure, which is essential to program delivery, the implementation of performance measures to enhance accountability to Parliament and more integrated planning to facilitate decision making.

Risk Analysis

The external and internal factors of OCOL’s operating environment that have influenced the organization’s performance in 2008–2009 are discussed briefly in the following paragraphs to provide context to this report.

External Factors

OCOL observed ongoing systemic issues related to full compliance with the Official Languages Act, such as active offer, the availability of service in the minority official language and the use of French as a language of work in the federal public service. This, coupled with the current challenges facing Canada on the economic, political and social fronts, may give rise to a perception that the Official Languages Act is less important or less relevant in these particular times. To mitigate this risk, OCOL must remind Parliament and government leaders of the importance of a dynamic vision of linguistic duality and of the need to show ongoing commitment and leadership, especially in the current economic crisis. OCOL began to look at how it can improve its ombudsman role to effect change and create more lasting results for Canadians. For example, through the study released in December 2008, Raising our Game for Vancouver 2010: Towards a Canadian Model of Linguistic Duality in International Sport, the Commissioner issued recommendations to the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games to ensure appropriate service delivery during the event.

As well, to deliver on its mandate, OCOL must maintain its real and perceived independence from government to provide unbiased advice and information to Parliament and institutions subject to the Act. Yet, the Commissioner of Official Languages is an officer of Parliament who applies central agency administrative policies in part or in whole; as such, his independent status may be challenged if not well understood. To manage this risk, OCOL and other officers of Parliament continued examining central agency policies and requirements and working with the Treasury Board Secretariat to determine the appropriate application of these policies in a manner that respects the independence of officers of Parliament.

Internal Factors

Staff turnover at OCOL was 22% in 2008–2009, including the turnover of several senior management positions. This had some impact on the organization. In addition, a major restructuring exercise took place within one of OCOL’s five sectors, to implement an organizational structure that better meets its current and future needs.

OCOL’s informatic infrastructure currently limits the organization in the scope of some of its compliance assurance, promotion of linguistic duality and accountability activities. OCOL must therefore renew its infrastructure and related technological tools, which requires new investments. OCOL is working in close cooperation with the Treasury Board Secretariat to prepare a proposal that will be presented to the Advisory Panel on the Funding and Oversight of Officers of Parliament.

Expenditure Profile

OCOL’s actual spending for 2008–2009 was $21.2 million. Over the past three years, actual spending has increased by 16%. This increase was primarily due to collective agreement settlements and additional funding received for the development and implementation of the access to information and internal audit functions. The chart below shows OCOL’s spending trend over a three-year period. Additional information is provided in section 3.1 of this report, under Financial Highlights.

Voted and Statutory Items

The following table shows the voted items Parliament approved through the Main Estimates, with its supply bills.

($000)		2006-2007	2007-2008	2008-2009
Voted or Statutory Item	Truncated Vote or Statutory Wording	Actual Spending	Actual Spending	Main Estimates	Actual Spending
20	Program expenditures	17,931	18,384	17,764	19,173
Statutory items	Contributions to employee benefit plans	1,901	1,962	2,142	1,994
	Total	19,832	20,346	19,906	21,167

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