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indicating clearly and spontaneously to members of the public that services of comparable quality are available in the official language of their choice at designated offices and service points. In this context, reception in both official languages becomes particularly important. The public must feel that they have been given the choice of expressing themselves in either official language and that the office/service point is truly able to provide service in the official language of their choice. For example, the public should be greeted bilingually so that clients can choose the language in which they wish to express themselves and be served. |
Automated system: |
for service to the public purposes, means an automated system made available to the public by a federal office or service point through which the public may obtain a service consisting of material or information originating with the institution; for language of work purposes, means a regularly or widely used automated system in a federal institution (including keyboards, instructions, manuals, managestional devices and other software) used for the processing and communication of data required or produced by a federal institutions after January 1, 1991 (this also applies to systems that are acquired but updated after the above date). |
Bilingual position: |
expression used in the Public Service to designate a position in which at least one duty requires the knowledge and use of both official languages. Some Crown corporations do not use the expression "bilingual position" but have duties which require the use of both official languages. |
Central services: |
internal services of a federal institution that are necessary for employees to carry out their job-related responsibilities, e.g. administrative, financial, legal, staffing, evaluation, audit and library services. |
Communication: |
includes any communication, whether written, verbal, visual, televised or electronic. The content and format must always reflect the equality of status of both official languages in federal institutions. Communications include signs, advertising, brochures intended for the public and for employees, publications and reports as well as information sessions and consultations. |
Computer system: |
means any system and software used for communications purposes or to perform a task, for example, electronic mail,word processing software, computers and automated terminals, etc. |
Conducive work environment: |
work environment with an infrastructure that facilitates the use of both official languages and in which employees can work in the official language of their choice. |
Equitable participation: |
a principle based on the concept that, regardless of their ethnic origin or first official language learned, English-speaking and French-speaking Canadians should have equal opportunities to obtain employment and advancement in federal institutions and, consequently, that the composition of the workforce of federal institutions should tend to reflect the presence of both linguistic groups in Canada, taking into account the characteristics of individual institutions, including their mandates, the public they serve and their location. |
Imperative staffing: |
applies to a bilingual position which must be staffed by a candidate who meets the language requirements of the position at the time of the appointment. |
Language requirements: |
means the essential language requirements in either official language or both official languages that enable employees to perform their duties in a manner which enables the institution to discharge its official languages obligations. |
Nature of the office: |
this concept is used in respect of services whose nature is such that they must be provided in both official languages without referring to the level of demand; this includes notably offices providing various specific services that concern the health, safety or security of members of the public (for example, signage or the provision of first aid services), offices whose location makes it reasonable to provide services in both official languages (for example, in national parks or in the Yukon and the Northwest Territories) or offices that have a national or international mandate (for example, diplomatic missions and offices organizing events of national or international significance). |
Personal services: |
internal services which an institution provides to its employees as individuals, including pay and benefits services, health-related services, career guidance and counselling. |
Regularly and widely used instruments: |
common work tools: e.g. procedures manuals, policy manuals, guidelines, forms, questionnaires, etc., whether distributed electronically or on paper and produced by or on behalf of a federal institution. Can also include computer software. |
Service point: |
a place where a service is provided in person, in writing, by telephone or by an automated system such as a counter, a video, a recorded message or a computer terminal. |
Services provided to the travelling public pursuant to a
contract: |
services, as described in the Official Languages Regulations, provided to the travelling public by third parties at federal airports, train stations and ferry terminals that must be in both official languages, at offices where there is significant demand. This includes, for example, restaurants, foreign exchange offices, duty-free shops, self-service equipment (banking machines), passenger screening and boarding services, public announcements and the provision of other information to the public, and carrier services. |
Significant demand: |
for a given federal office or service point, significant demand for services in English and French is determined using two types of rules:
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As soon as possible upon beginning the audit, the auditors should contact those responsible for official languages in their institution in order to obtain the following documents:
Auditors are also encouraged to consult the Official Languages Information Network (OLIN) which contains all the relevant references with respect to official languages, including the Act, the Regulations, guidelines and circulars, as well as reports and statistics.
The Canadian Charter of Rights and Freedoms, 1982;
The Official Languages Act, 1988;
The Official Languages (Communications with and Services to the Public) Regulations, 1991;
The Public Service Official Languages Exclusion Approval Order and the related regulations;
The Treasury Board Official Languages Policies, Official Languages volume, Treasury Board Manual, June 1993; and
Other official languages policies are set out in other volumes of the Treasury Board Manual or in Treasury Board circulars:
I. SERVICE TO THE PUBLIC
1. Communicate with the public in either official language:
2. Ensure that the services described in 1. are provided in both official languages where the services are provided by a third party on behalf of a federal institution (OLA, sec. 25).
3. Where a federal institution regulates organizations with respect to any of their activities in the areas of health, safety and security of the public, it must ensure, through its regulation of these organizations, wherever it is reasonable to do so, that the public can communicate with the regulated organizations and obtain services in both official languages (OLA, sec. 26).
4. Provide the services described in 1. and 2. effectively in both official languages (for example, at the required linguistic level, both with respect to written and oral communications (OLA, sec. 27).
5. Ensure that the services described in (1) and (2) are offered actively in both official languages by ensuring compliance with the following (OLA, sec. 28):
6. Use the media that will allow effective communication in each official language when communicating with the public in both official languages (OLA, sec. 30 and the letter clarifying the obligations set out in sections 11 and 30 of the OLA, May 6, 1991).
7. Ensure that the signs identifying all offices are in both official languages and that each language is given equal prominence (OLA, sec. 29).
8. Publish notices or announcements required or authorized by an Act of Parliament in at least one English-language and one French-language publication in each region concerned or, if such publications do not exist, publish these in both official languages in at least one publication in general circulation in the region concerned (OLA, sec. 11 and the letter clarifying the obligations set out in sections 11 and 30 of the OLA, May 6, 1991).
9. Provide any documents tabled in the Senate or House of Commons in both official languages (OLA, sec. 8).
10. Ensure that federal-provincial agreements which meet criteria set out in the Act are made in both official languages (OLA, sec. 10).
11. Ensure the respect of the equality of status of both official languages when a federal institution and a third party acting on its behalf, organizes, hosts or participates in fairs, exhibitions, competitions or games of national or international scope that are open to the general public (Regulations, paragraphs 10(b) and 10(c)).
12. Ensure that federal institutions providing grants or contributions to voluntary non-governmental organizations serving the public composed of members of both official language communities take the necessary measures to ensure that the recipients respect the spirit of the OLA.
II. LANGUAGE OF WORK
1. Ensure that work environments are conducive to the effective use of both languages, so as to accommodate the use of either official language by its employees, in the following locations:
2. In the regions described in 1.:
3. At offices of the institution in regions other than those described in 1., ensure comparable treatment of English as minority language and French as minority language, as well as comparable treatment of English as majority language and French as majority language (OLA, sec. 35).
4. Ensure that its head or central offices communicate in the language(s) of the office receiving the communication.
5. Ensure that every federal institution that has authority to direct, or provides services to (central agencies or common service organizations), other federal institutions accommodates the use of either official language by officers and employees of those institutions (OLA, sec. 37).
III. EQUITABLE PARTICIPATION
1. While fully respecting the merit principle, ensure that all Canadians, both English-speaking and French-speaking, have equal opportunities to obtain employment and advancement in the institution (OLA, sec. 39).
2. Ensure that its staff tends to reflect the presence of the two official language communities in Canada, taking into account notably the institution's mandate, location and clientele (OLA, sec. 39).
IV. MEASURES SUPPORTING INSTITUTIONAL BILINGUALISM
LANGUAGE REQUIREMENTS OF POSITIONS OR FUNCTIONS
1. Ensure that the language requirements of functions or positions are based on real requirements for communications with the public or with federal employees (OLA, sec. 91 and the letter of July 4, 1991 on section 91 of the OLA and hiring practices.
2. Ensure compliance with TBS policies on imperative and non-imperative staffing of bilingual positions.
A. Language Training
1. Give employees who meet the eligibility criteria in TBS policies access to language training at government expense.
2. Ensure compliance with TBS policies on language training.
B. Producing Texts in Both Official Languages
C. BILINGUALISM BONUS
Abbreviations
OLA: Official Languages Act
OLEEB: Official Languages and Employment Equity Branch of the Treasury Board Secretariat
Regulations: Official Languages (Communications with and Services to the Public) Regulations
TBS: Treasury Board Secretariat
SERVICE TO THE PUBLIC (audit objectives to be developed)
1. Use of the media (sections 11 and 30 of the Official Languages Act; Chapter 1-5, Part I, Official Languages volume, Treasury Board Manual)
2. Documents tabled in the Senate and the House of Commons (section 8 of the Official Languages Act);
3. Treaties and agreements concluded with other States, and federal-provincial agreements (section 10 of the Official Languages Act)
4. Grants and contributions made to voluntary non-governmental organizations serving the public (Chapter 1-4, Part I, Official Languages volume, Treasury Board Manual)
5. Participation in events of national and international scope open to the general public (paragraphs 10(b) and 10(c) of the Official Languages Regulations and Chapter 1-3, Part I, Official Languages volume, Treasury Board Manual)
6. Regulatory authority in the area of public health and safety (section 26 of the Official Languages Act)
LANGUAGE OF WORK (audit objectives to be developed)
1. Communication between the offices of central agencies or common services organizations which have authority to direct other institutions or which serve them (section 37 of the Official Languages Act and Chapter 2-3, Part II, Official Languages volume, Treasury Board Manual)
Issue
The Official Languages Act ensures respect for English and French as the official languages of Canada and the equality of status and equal rights and privileges as to their use in all federal institutions, including Crown corporations.
The circumstances in which federal offices using the Internet must provide their information in both official languages are set out below. This guidance reflects the requirements of the Official Languages Act and its Regulations.
Guidance