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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 53
Friday, March 10, 2023, 8:52 a.m. to 10:48 a.m.
Presiding
René Arseneault, Chair (Liberal)

• Darrell Samson for Francis Drouin (Liberal)
• Jacques Gourde for Marc Dalton (Conservative)
• Richard Martel for Marilyn Gladu (Conservative)
• Anthony Housefather (Liberal)
• Alain Rayes (Independent)
• Darrell Samson (Liberal)
House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Lucie Lecomte, Analyst
Department of Canadian Heritage
• Julie Boyer, Assistant Deputy Minister, Official Languages, Heritage and Regions
• Marcel Fallu, Manager, Modernization of the Official Languages Act
• Chantal Terrien, Manager, Modernization of the Official Languages Act
Department of Citizenship and Immigration
• Yves Saint-Germain, Director, Francophone Immigration and Official Languages (Part VII)
Treasury Board Secretariat
• Carsten Quell, Executive Director, Official Languages Centre of Excellence, People and Culture, Office of the Chief Human Resources Officer
Pursuant to the order of reference of Monday, May 30, 2022, the committee resumed consideration of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts.

Mario Beaulieu moved, — That the committee proceed to committee business.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Mario Beaulieu — 1;

NAYS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 10.

RULING BY THE CHAIR

The Chair ruled that the motion of Joël Godin, moved on Tuesday, March 7, 2023, as amended by Niki Ashton, read as follows:

That, in relation to the consideration of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts:

  1. the committee proceed with clause-by-clause consideration of the Bill for a duration of 6.5 hours of meeting, at a frequency of two meetings per week.
  2. consideration of clause 54 of Bill C-13 be postponed to the end of clause-by-clause consideration and be subject to debate.

The committee resumed consideration of the motion as amended.

Marc G. Serré moved, — That the motion be amended by deleting paragraph two.

Debate arose thereon.

At 9:09 a.m., the sitting was suspended.

At 9:09 a.m., the sitting resumed.

After debate, the question was put on the amendment of Marc G. Serré and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6;

NAYS: Mario Beaulieu, Bernard Généreux, Joël Godin, Richard Martel — 4.

After debate, the question was put on the motion, as amended, and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6;

NAYS: Mario Beaulieu, Bernard Généreux, Joël Godin, Richard Martel — 4.

The motion, as amended, read as follows:

That, in relation to the consideration of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts: the committee proceed with clause-by-clause consideration of the bill for a duration of 6.5 hours of meeting, at a frequency of two meetings per week.

Joël Godin moved, — That, in relation to the consideration of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts: Consideration of clause 27.1 to clause 52 of Bill C-13 be postponed to the end of clause-by-clause consideration.

At 9:15 a.m., the sitting was suspended.

At 9:19 a.m., the sitting resumed.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 5;

NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 21 of the Bill.

Mario Beaulieu moved, — That Bill C-13, in Clause 21, be amended

(a) by adding after line 3 on page 12 the following:

“(a.1) shall be taken in consultation with the Government of Quebec when they relate to the Province of Quebec;”

(b) by replacing lines 12 and 13 on page 12 with the following:

“Canada, taking into account the minority status of the French language throughout Canada, and

(iii) the necessity of protecting and promoting the French language in Quebec, taking into account that French is the official and common language of Quebec; and”

After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu — 1;

NAYS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 10.

Joël Godin moved, — That Bill C-13, in Clause 21, be amended

(a) by replacing line 14 on page 12 with the following:

“(c) shall include measures, among others, to”

(b) by replacing line 25 on page 12 with the following:

“if those measures are consistent with the mandate of the federal institution in question, and”

(c) by replacing line 32 on page 12 with the following:

“strong institutions serving those communities, if those measures are consistent with the mandate of the federal institution in question.”

(d) by replacing lines 34 and 35 on page 12 with the following:

“shall, on the basis of analyses,”

(e) by replacing line 41 on page 12 with the following:

“the possibilities for avoiding or, at least, mitigating those negative impacts.”

The question was put on the amendment of Joël Godin and it was negatived on the following recorded division:

YEAS: Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 4;

NAYS: Niki Ashton, Mario Beaulieu, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 7.

Mario Beaulieu moved, — That Bill C-13, in Clause 21, be amended

(a) by replacing line 14 on page 12 with the following:

“(c) may include any measures that, while taking into account the specific need to protect the French language in Quebec,”

(b) by replacing line 21 on page 12 with the following:

“of Canada and the French-speaking character of Quebec in their activities in Canada or elsewhere,”

The question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu — 1;

NAYS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 10.

Arielle Kayabaga moved, — That Bill C-13, in Clause 21, be amended by adding after line 21 on page 12 the following:

“(iii.1) foster the re-establishment and growth of the demographic weight of French linguistic minority communities,”

Debate arose thereon.

Joël Godin moved, — That the amendment be amended by replacing the words “foster the re-establishment and growth” with the words “restore and increase”.

The question was put on the subamendment of Joël Godin and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Mario Beaulieu, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 11;

NAYS: — 0.

The question was put on the amendment of Arielle Kayabaga, as amended, and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Mario Beaulieu, Francis Drouin, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 10;

NAYS: — 0.

Niki Ashton moved, — That Bill C-13, in Clause 21, be amended

(a) by replacing lines 34 and 35 on page 12 with the following:

“shall, on the basis of analyses,”

(b) by adding after line 37 on page 12 the following:

“(a.1) subject to the regulations, take the necessary measures to promote, when negotiating agreements with the provincial and territorial governments, including funding agreements, that may contribute to the implementation of the commitments under subsections (1) to (3), the inclusion in those agreements of provisions establishing the parties' duties under the agreements respecting official languages; and”

(c) by replacing line 9 on page 13 with the following:

“into account, including in relation to the duty under paragraph (7)(a.1).”

(d) by replacing line 12 on page 13 with the following:

“measures taken under subsection (5) and in relation to the duty under paragraph (7)(a.1). For greater certainty, these mechanisms take into account the obligations set out in subsections 41(7) to (9) and the provisions with respect to dialogue and consultation activities.

(10.1) Subject to subsections (10.2) and (10.3) and the regulations, every federal institution that is a party to an agreement referred to in paragraph (7)(a.1) that includes provisions referred to in that paragraph shall cause the agreement to be published on the Internet or by any other means the institution considers appropriate.

(10.2) The federal institution is not required to cause the agreement to be published, in whole or in part, in the case where, if Part 1 of the Access to Information Act applied to the institution and in dealing with a request for access to the agreement, the institution could under that Part refuse to disclose the agreement, in whole or in part, for a reason that is set out in that Part.

(10.3) The federal institution shall not cause the agreement to be published, in whole or in part, in the case where, if Part 1 of the Access to Information Act applied to the institution and in dealing with a request for access to the agreement, the institution would be required under that Part to refuse to disclose the agreement, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the agreement.

(10.4) The Governor in Council may, on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage, make regulations in respect of the duties of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer — under paragraph (7)(a.1) and subsection (10.1), including regulations

(a) prescribing the manner in which those duties are to be carried out and reported on; and

(b) respecting the content of the provisions referred to in paragraph (7)(a.1).”

After debate, the question was put on the amendment of Niki Ashton and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Mario Beaulieu, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 11;

NAYS: — 0.

Niki Ashton moved, — That Bill C-13, in Clause 21, be amended by replacing lines 38 to 41 on page 12 with the following:

“(b) consider the possibilities for avoiding, or at least mitigating, the direct negative impacts that its structuring decisions may have on the commitments under subsections (1) to (3).”

After debate, the question was put on the amendment of Niki Ashton and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Mario Beaulieu, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 11;

NAYS: — 0.

Mario Beaulieu moved, — That Bill C-13, in Clause 21, be amended by replacing line 4 on page 13 with the following:

“based findings and, in the case of Quebec, on consultation with the Government of Quebec.”

Debate arose thereon.

Joël Godin moved, — That the amendment be amended by replacing the words “and, in the case of Quebec, on consultation with the Government of Quebec” with the words “on consultation with the provinces and territories”.

The question was put on the subamendment of Joël Godin and it was negatived on the following recorded division:

YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 5;

NAYS : Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6.

The question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:

YEAS: Mario Beaulieu — 1;

NAYS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Marc G. Serré — 10.

Joël Godin moved, — That Bill C-13, in Clause 21, be amended by adding after line 9 on page 13 the following:

“(9.1) When engaging in consultations, every federal institution shall

(a) gather information to test its positive measures;

(b) propose positive measures that have not been finalized;

(c) seek the opinions of English and French linguistic minority communities about the positive measures that are the subject of the consultations;

(d) provide the participants with all relevant information on which those positive measures are based;

(e) openly and meaningfully consider their opinions;

(f) be prepared to alter those positive measures; and

(g) provide them with feedback, both during the consultation process and after a decision has been made.”

After debate, the question was put on the amendment of Joël Godin and it was negatived on the following recorded division:

YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 5;

NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6.

Marc G. Serré moved, — That Bill C-13, in Clause 21, be amended by adding after line 9 on page 13 the following:

“(9.1) In carrying out this objective, every federal institution shall

(a) gather relevant information;

(b) seek the opinions of English and French linguistic minority communities and other stakeholders about the positive measures that are the subject of the consultations;

(c) provide the participants with relevant information on which those positive measures are based;

(d) openly and meaningfully consider their opinions; and

(e) be prepared to alter those positive measures.”

After debate, the question was put on the amendment of Marc G. Serré and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6;

NAYS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 5.

Joël Godin moved, — That Bill C-13, in Clause 21, be amended by replacing line 15 on page 13 with the following:

“the Minister of Canadian Heritage and the provincial and territorial governments, make regulations in”

After debate, the question was put on the amendment of Joël Godin and it was negatived on the following recorded division:

YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 5;

NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Marc G. Serré — 6.

Pursuant to the order adopted by the committee on Wednesday, December 15, 2021, the following amendment, submitted by Alain Rayes for the consideration of the committee, was deemed moved:

That Bill C-13, in Clause 21, be amended by adding after line 26 on page 13 the following:

“41.1 (1) Subject to subsection (3), an agreement entered into between the Government of Canada and the government of a province, other than Quebec, or territory or with a provincial, territorial, municipal or local authority, other than a provincial, municipal or local authority in Quebec, that provides for the payment of an amount to the contracting government or authority shall include a clause respecting the implementation of the commitments set out in subsections 41(1) and (2).

(2) The clause shall include the following:

(a) a requirement to hold consultations with French linguistic minority communities and other stakeholders in order to take into account their priorities;

(b) the allocation of the amounts to be paid to address the needs of French linguistic minority communities;

(c) the accountability responsibilities of the government of the province, other than Quebec, or territory or of the provincial, territorial, municipal or local authority, other than a provincial, municipal or local authority in Quebec; and

(d) the measures that apply if the obligation to implement the commitments set out in subsections 41(1) and (2) or to allocate the amounts to be paid under paragraph (b) is breached, including a duty to intervene.

(3) The clause referred to in subsection (1) is optional if the agreement includes a commitment from the Government of Canada to hold the consultations referred to in paragraph (2)(a) and to allocate the amounts to be paid under paragraph (2)(b).”

By unanimous consent, the amendment was withdrawn.

Darrell Samson moved, — That Bill C-13, in Clause 21, be amended by adding after line 26 on page 13 the following:

“41.1 (1) In developing a disposal strategy for a surplus federal real property or a federal immovable, every department and supporting federal institution shall take into account the needs and priorities of the English or French linguistic minority communities of the province or territory where the federal real property or federal immovable is located.

(2) In taking account the needs and priorities under subsection (1), departments may consult English or French linguistic minority communities and other stakeholders, including school boards or commissions.”

Debate arose thereon.

Joël Godin moved, — That the amendment be amended

(a) by adding, in subsection (1), after the words “supporting federal institution”, the following: “, including but not limited to the Canada Lands Company,”

(b) by adding, in subsection (1), after the words “English or French linguistic minority communities”, the following: “, including but not limited to school boards or commissions,”

(c) by replacing the word “may”, in subsection (2), with the following: “and supporting federal institutions, including but not limited to the Canada Lands Company,”

(d) by adding, in subsection (2), after the words “school boards or commissions”, the following: “, with regard to their needs and interests in relation to the federal real property or federal immovable and offer them the opportunity to purchase or lease that real property or immovable in whole or in part.”.

After debate, the question was put on the subamendment of Joël Godin and it was negatived on the following recorded division:

YEAS: Niki Ashton, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Martel — 5;

NAYS: Mario Beaulieu, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Darrell Samson, Marc G. Serré — 6.

At 10:35 a.m., the sitting was suspended.

At 10:37 a.m., the sitting resumed.

Marc G. Serré moved, — That the amendment be amended by replacing the word “may” with the word “shall”.

After debate, the question was put on the subamendment of Marc G. Serré and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Darrell Samson, Marc G. Serré — 10;

NAYS: Mario Beaulieu — 1.

The question was put on the amendment of Darrell Samson, as amended, and it was agreed to on the following recorded division:

YEAS: Niki Ashton, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Patricia Lattanzio, Richard Martel, Darrell Samson, Marc G. Serré — 10;

NAYS: Mario Beaulieu — 1.

The committee proceeded to the consideration of matters related to committee business.

It was agreed, — That, in relation to the study of best practices in supporting minority language communities, the proposed budget in the amount of $186,110.07, for the committee’s travel to Edinburgh; (Scotland), Stornoway; (Scotland), Glascow; (Scotland), Cardiff; (Wales), Aberystwyth; (Wales), Belfast; (Northern Ireland), Galway; (Ireland), London; (England), Liverpool; (England) and Dublin; (Ireland), in spring 2023, be adopted.

At 10:48 a.m., the committee adjourned to the call of the Chair.



Michelle Legault
Clerk of the committee