ARCHIVED - Office of the Commissioner of Official Languages

Investigations:

From April 1, 2008 to March 31, 2009, OCOL received 785 complaints related to the implementation of the Official Languages Act. Of those complaints, 606 (77%) were considered admissible because, in OCOL’s opinion, they related to an obligation set out in the Act, involved an institution subject to the Act and concerned a specific incident. Of the 606 admissible complaints recorded during this period, 62% involved language of service; 17%, language of work; 5%, the advancement of English and French; 9%, the language requirements of positions in the federal public service; and 1%, equitable participation. In total, OCOL closed 513 complaint files during the fiscal year, with 927 files remaining open as of March 31, 2009.

As mentioned in Section 1.2 of this report, under Commitment 1, OCOL began implementing a new dispute resolution process applicable to most complaints, to provide a more effective service to Canadians where appropriate. OCOL also started developing service standards in 2008–2009 to respond in a more timely fashion to complaints beginning in 2009–2010.

Requests for information:

OCOL maintains regular contact and shares information with official languages coordinators across Canada, namely through attendance at the various departmental committees on official languages and regular liaison with federal institutions.

Audits:

OCOL updated its external audit policy to reflect the renewed ombudsman role of the Commissioner. The audit methodology, through a more collaborative approach with audited institutions, seeks the commitment of senior leaders to achieve positive, sustainable results for Canadians.

OCOL published the following two audits in 2008–2009:

1. Audit of Service to the Public at Agriculture and Agri-Food Canada (March 2009)
2. Audit of the Bilingual Weather and Environmental Services Provided on the Environment Canada Automated Telephone Network (November 2008).

Both departments targeted by the audits cooperated with OCOL, and action plans were developed on how they intend to implement the Commissioner’s recommendations.

Audits of National Defence and the Halifax International Airport Authority were undertaken during the year, with reports to be published in late 2009. In addition, preparatory work was begun for an audit of services provided by Service Canada in the form of in-person and telephone observations. The audit itself will be conducted in 2009-2010, based in part on the observation data collected in 2008-2009.

Four follow-ups to previous audits were completed during the fiscal year:

1. Audit of Services to the Public at Highway Border Crossings of the Canada Border Services Agency – Follow-up (August 2008)
2. Audit of the Management of the Official Languages Program at Public Works and Government Services Canada – Follow-up (August 2008)
3. Audit of the Community Futures Development Corporations and Community Business Development Corporations – Follow-up (August 2008)
4. Audit of the Implementation of Section 41 of Part VII of the Official Languages Act by the Canadian Tourism Commission – Follow-up (August 2008).

The large majority of the Commissioner’s recommendations were implemented by the institutions targeted by these audit follow-ups.

Performance Measurement:

Under the renewed approach to the Commissioner’s ombudsman role, OCOL modified the method used to prepare its performance report cards. The new method has a stronger focus on achieving concrete and sustainable results using a revised rating guide and a more customized procedure to assess and contextualize indicators. The assessments now include services offered by e-mail as a source of information and are prepared on a two-year cycle (year one focuses on separate employers and year two on institutions).

In 2008–2009, OCOL piloted its first horizontal report card focusing on the services offered at five major Canadian airports (Vancouver, Toronto, Ottawa, Montréal and Halifax). This report card provided valuable information to the Commissioner, airport authorities and key stakeholders on the experience of travellers at each airport, with a particular emphasis on services provided by the Canadian Air Transport Security Authority, Air Canada, airport authorities and several third-party service providers. These report cards are available on OCOL’s Web site at www.ocol-clo.gc.ca/html/ar_ra_2008_09_p13_e.php.

Court Interventions:

During the relevant period, three judgments⁵ were rendered in cases where the Commissioner acted as a party or intervener, including two from the Supreme Court of Canada (Société des Acadiens et Acadiennes du Nouveau‑Brunswick Inc. v. Canada, 2008 SCC 15; Desrochers v. Canada (Industry), 2009 SCC 8). These judgments not only provide definite answers on issues of compliance for the federal institutions involved, but also contribute more generally by serving as interpretive tools and benchmarks for ongoing compliance activities and similar issues involving other federal institutions.

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Appearances before Parliament:

The Commissioner appeared before parliamentary committees five times in 2008–2009. First, in May 2008, he appeared before the Standing Committee on the Status of Women to comment on the role of officers of Parliament. The Commissioner also appeared in May before the House of Commons Standing Committee on Official Languages on the appointment of judges. Consequently, the government proposed the nomination of a new bilingual judge to the Supreme Court of Canada, an announcement that was well received by all stakeholders. Then, in June 2008, he presented his 2007–2008 annual report to the Standing Senate Committee on Official Languages and the House of Commons Standing Committee on Official Languages. Finally, in February and March 2009, he appeared before the same two committees to present his findings on the implementation of Part VII of the Official Languages Act, preparations for the Olympic Games, the television production industry, public service renewal and the Canadian Forces.

A section specifically for parliamentarians was added to OCOL’s Web site www.ocol-clo.gc.ca/html/parliamentarians_parlementaires_e.php.

Legislative Monitoring:

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Annual Reports:

The 2007–2008 Annual Report was released on May 29, 2008. In it, the Commissioner noted that the absence of an overall vision explained the government’s lacklustre record in official languages. He emphasized that a global vision and coherent leadership are required if federal institutions are to meet official languages challenges. The Commissioner considers public service renewal, the language of work in federal institutions and demographic change to be three major issues. He included seven recommendations in the report. Through strategic meetings with ministers and key stakeholders in the National Capital Region and through activities in the regions, the Commissioner conveyed the main points of his conclusions and the importance of linguistic duality as a central value of Canadian identity and bilingualism. The report’s release generated 279 mentions in Canadian media.

Production of the 2008–2009 Annual Report also took place during this period. The report looks back on the 40 years of the Official Languages Act.

Promotion and Education:

To provide a better understanding of the goals of the Official Languages Act as well as OCOL’s mandate and the official languages program in Canada to the Canadian public, parliamentarians and federal public servants, in 2008–2009 the Commissioner:

• carried out 90 interviews (1,447 mentions in Canadian media);
• gave 41 speeches at conferences and public events, thereby reaching important target audiences, such as federal and provincial institutions, official language community leaders, the education sector, youth and language professionals;
• issued 11 news releases, in particular on the results of four audits of seven institutions, the federal government’s announcement of a new official languages plan, priorities for Quebec’s English-speaking communities and federal government leadership in official languages.

Official languages were also promoted in various ways, for example, 43 information booths (15 national and 28 regional events) reaching some 23,000 people, and the publication of two issues of OCOL’s on-line newsletter Beyond Words / Au-delà des mots, which has 1,200 subscribers.

Québec City celebrated its 400th anniversary in 2008. This event provided OCOL with a unique opportunity to raise awareness among Canadians about linguistic duality, particularly by underlining the importance of official language communities from one end of the country to the other. OCOL was represented by a booth in the Canada Tent on the Plains of Abraham over the course of 80 days. More than 12,000 people visited OCOL’s booth, where the value of two official languages in Canadian society were described and promoted.

Since 2009 is the 40th anniversary of the Official Languages Act, OCOL reviewed its global communications strategy for 2008–2010 to include activities that will highlight this event.

The Young Professionals Network was established at OCOL in 2007 for young employees and the young at heart, in part to give them a voice within the organization, to provide training opportunities and to allow them to become ambassadors for official languages and OCOL to other public servants and Canadian society. As an official languages ambassador, the Network launched a strategy in 2008 to better understand the issues and challenges involved in language of work (Part V of the Act) facing young public servants in federal institutions, and to implement measures that will help them overcome these challenges. A discussion forum has already been held with young public servants working in the field of official languages to help the Network better understand their situation. Another discussion forum open to young public servants from linguistic majorities and minorities as well as an awareness campaign are being planned for the fall of 2009. Through its efforts, the Network is seeking to make young public servants aware of their language-of-work rights and to find ways to change the organizational culture of federal institutions so linguistic duality becomes recognized as a value rather than a burden.

Court Interventions:

In December 2008, the Commissioner appeared as an intervener before the Supreme Court of Canada in the cases of Ministre de l'Éducation, du Loisir et du Sport, et al. v. Hong Ha Nguyen, et al. as well as Ministre de l'Éducation, du Loisir et du Sport, et al. v. Talwinder Bindra. While no decision has been rendered during the relevant period, the Commissioner’s participation will surely contribute to the interpretation of the Charter rights involved. The judgment of the Court will serve as a tool in the future to interpret language rights under section 23 of the Canadian Charter of Rights and Freedoms.

Regional Liaison With Official Language Communities:

Meetings and presentations were organized in the regions with organizations and federal institutions as well as other levels of government in 2008–2009. More than 1,500 people participated. OCOL was very active in its promotion and education roles. Here are just a few examples:

• In Atlantic Canada, OCOL discussed the importance of encouraging federal institutions to respect their responsibilities under Part VII of the Actwith members of the Association des juristes d'expression française de la Nouvelle-Écosse.
• In Quebec, through participation in the annual forum of the National Council of Visible Minorities, OCOL linked linguistic duality and diversity as complementary Canadian values and sources of pride for all federal public servants.
• In Ontario, OCOL gave a presentation on official languages and on its mandate to the Advisory Committee of the Modern Language Centre at the University of Toronto.
• In the Prairies, OCOL participated as a member of the Communications and Marketing Circle of the Coalition for the Promotion of the French Language and Francophone Culture’s promotional campaign “Bonjour Saskatchewan,” whose goal is to increase awareness of enrolment in French-language instruction programs in Saskatchewan.
• In the West and North, OCOL worked with the University of Alberta to build alliances between the official language minority communities of Alberta and members of the Métis Association of Alberta as a follow-up to the spring conference about Laurent Garneau, a prominent Alberta Métis of the early 1900s.

Participation at Federal Councils:

OCOL works proactively with the regional federal councils to support them as official language leaders and encourage activities that help member institutions meet their commitments under the Official Languages Act. In particular, OCOL participates in the strategic planning of the councils to influence the development of strategic objectives in which linguistic duality remains a priority and ensure the needs of minority-language communities and goals of the Act are taken into account appropriately. OCOL is involved in many of the councils’ committees, such as the Public Service Renewal Steering Committee in Quebec, the Comité d’orientation des affaires francophones de Terre-Neuve et Labrador, the Official Languages Training Sub-Committee, the Human Resources Leadership Council of Ontario and the Leaders’ Advisory Board in Saskatchewan. Participation in federal councils is also a meaningful opportunity to clarify legislative requirements for new members in the context that is particular to each province.

Representations to Central Agencies and Other Organizations:

OCOL communicated its concerns regarding arts and culture to the Department of Canadian Heritage following the announcement of funding cuts by the Government of Canada. Representatives of the Commissioner also worked with various organizations to encourage federal institutions to assume their responsibilities under Parts IV and VII of the Act.

OCOL also worked with CBC/Radio-Canada and the Canadian Radio-television and Telecommunications Commission to clarify their obligations under Part VII. Similar interventions were made with Canada Economic Development, making the Minister and employees aware of the concerns of Quebec’s English-speaking community regarding Canada Economic Development’s obligations under Part VII.

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Research:

In 2008–2009, OCOL published two studies, which are available on the Web site www.ocol-clo.gc.ca/html/etudes_studies_e.php:

1. Shadows over the Canadian Television Landscape: The Place of French on the Air and Production in a Minority Context (January 2009)
2. Vitality Indicators for Official Language Minority Communities (2 of 3): The English-Speaking Communities in Quebec (June 2008)

Other studies were undertaken during the year and will be published in 2009–2010.

Human Resources Management:

The focus of activities in 2008–2009 to pursue the implementation of OCOL’s human resources strategy was on recruitment (including employment equity [EE]), training and development, and retention.

Recruitment:

• OCOL received a good mark⁶ from the Public Service Commission on its annual staffing accountability report. The organization implemented the recommendations from its first active monitoring report.
• To make employment equity (EE) a priority at OCOL, a new EE committee was formed in 2008–2009 and a three-year EE plan was developed. Implementation of the plan started in 2008–2009 and will continue next year.
• A student recruitment program was also implemented.

Training and Development:

• A training program for aspiring senior managers was developed to prepare a new generation of senior managers within the organization. The program focuses on leadership training and experience.
• OCOL organized a number of training sessions, including sessions with the Young Professionals Network, to contribute to the personal and professional development of employees. A strategy to become an employer of choice was also developed, as well as student recruitment and hiring guidelines.

Retention:

• OCOL developed a marketing strategy to position the organization as an employer of choice, to be implemented in 2009–2010. A succession planning process for key positions has been developed and piloted in one sector of OCOL, along with an innovative management tool that shows quarterly progress on staffing, knowledge transfer, organizational design, and training and development. The process addresses risk management associated with each key position. The piloted model will be implemented across the organization in 2009–2010.
• Also, OCOL launched an orientation program for new employees, which includes a kit with a welcome video clip and various tools. The recognition awards program was rejuvenated for valuing employees across the organization. Several key initiatives were developed to address suggestions made by employees as a result of the 2005 Public Service Employee Survey.
• As well, a more rigorous approach to human resources planning,  linked to business planning, was developed and implemented.

Financial Management:

Information Management/Information Technology:

As a first phase to ensuring the viability of its IT infrastructure, OCOL completed the upgrade of its bandwidth, put in place maintenance contracts and continued to train its IT personnel in accordance with the IM/IT strategic plan. OCOL approved its corporate security policy in 2008–2009. It has developed an IT business continuity plan and has started to integrate security requirements into the infrastructure technical specifications. Practices in information management, processes and procedures were updated to formalize records and correspondence management within OCOL. OCOL has also worked at developing a funding strategy to address the serious challenge of renewing its informatics infrastructure.

In 2008–2009, OCOL received 23 requests and 12 consultations under the Access to Information Act and two requests under the Privacy Act. It was able to respond to all requests within the required timelines. During this period, two complaints were filed against OCOL with the Information Commissioner: the first was abandoned by the complainant and the second was carried over to 2009–2010.

Info Source was updated to increase conformity with the access to information and privacy acts.

Business Planning and Management Practices:

OCOL met its goal of starting the development of a performance measurement framework in 2008–2009, and began its three-year implementation by defining measurement instruments for baseline data in 2009–2010.

OCOL started an integrated planning process by adding human resources, IM/IT and budget information to its operational planning exercise.

In response to the renewal of the Commissioner’s ombudsman role, OCOL reorganized its compliance assurance group around portfolios to deliver the best service possible. Change management efforts have supported this work in 2008–2009 for a progressive and effective transition.

Internal Audit:

The internal risk-based audit plan (www.ocol-clo.gc.ca/html/internalaudit_verifinterne_e.php) was presented to the Audit Committee and approved by the Commissioner. As identified in the plan, the audit of human resources management practices was conducted in 2008–2009, with the report expected to be completed in 2009–2010.

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