LANG Committee Meeting
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Minutes of Proceedings
Conservative
Bloc Québécois
NDP
The committee resumed its clause-by-clause study of the Bill.
By unanimous consent, it was agreed, — That the following amendment, adopted as amended on February 7, 2023, be amended by replacing the figure of 6.6% with the figure of 6.1%:
That Bill C-13, in Clause 6, be amended by adding after line 8 on page 5 the following:
“restoration means, in relation to the demographic weight of French linguistic minority communities, a return of the demographic weight of all members of those communities whose first official language spoken is French to the level it had at the time of the census of population of Canada taken by Statistics Canada in 1971, namely, 6.6% of the population outside Quebec; (rétablissement)”.
The committee resumed clause-by-clause consideration on Clause 24 of the Bill.
“powers of the provinces and territories, including respecting the Charter of the French language.”
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, Richard Lehoux, Darrell Samson, Marc G. Serré — 10.
“(3) The implementation of this Part within Quebec is conditional on the conclusion of a framework agreement between the Government of Canada and the Government of Quebec that guarantees, among other things, respect for the specificity of Quebec.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Mario Beaulieu appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Niki Ashton, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Richard Lehoux, Darrell Samson, Marc G. Serré — 10;
NAYS: Mario Beaulieu — 1.
Clause 24 carried on division.
On Clause 25,
Joël Godin moved, — That Bill C-13, in Clause 25, be amended(a) by replacing lines 26 and 27 on page 16 with the following:
“implementation of this Act, including the government-wide strategy on official languages, in all federal institutions other than the Senate,”
(b) by replacing lines 32 to 40 on page 16 with the following:
“(2) Subsection 46(2) of the Act is replaced by the following:
(2) In carrying out its responsibilities under subsection (1), the Treasury Board may recommend regulations to the Governor in Council to give effect to this Act.”
(c) by deleting lines 3 to 7 on page 17.
(d) by replacing lines 10 to 16 on page 17 with the following:
“(a) establish policies, recommend policies to the Governor in Council or issue directives to give effect to this Act;”
(e) by replacing lines 27 to 31 on page 17 with the following:
“rectives and programs that give effect to this Act.”
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 Lehoux — 4;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
“implementation of Parts IV, V and VI, subsection 41(5) and paragraph 41(7)(a.1) in all federal institutions other than the Senate,”
At 9:24 a.m., the sitting was suspended.
At 9:36 a.m., the sitting resumed.
Joël Godin moved, — That the amendment, proposing to amend Clause 25 at page 16 of Bill C-13, be amended by substituting “, subsection 41(5) and paragraph 41(7)(a.1) ” by the following:
“and VII, except sections 43 and 44.1,”
After debate, 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 Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
The debate continued on the amendment of Marc G. Serré.
Bernard Généreux moved, — That the amendment, proposing to amend Clause 25 at page 16 of Bill C-13, be amended by substituting “, subsection 41(5) and paragraph 41(7)(a.1) ” by the following:
“and clause 41”
After debate, the question was put on the subamendment of Bernard Généreux and it was negatived on the following recorded division:
YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
At 9:42 a.m., the sitting was suspended.
At 9:44 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, Mario Beaulieu, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Richard Lehoux, Darrell Samson, Marc G. Serré — 11;
NAYS: — 0.
(a) replacing lines 33 to 40 on page 16 with the following:
“(3) Paragraphs 46(2)(c) to (g) of the Act are repealed.”
(b) replacing lines 3 to 8 on page 17 with the following:
“(3) In carrying out its responsibilities under subsection”
After debate, the question was put on the amendment of Francis Drouin and it was agreed to on the following recorded division:
YEAS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6;
NAYS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5.
(a) replacing line 16 on page 17 with the following:
“subsection 41(5) and paragraph 41(7)(a.1);”
(b) replacing line 31 on page 17 with the following:
“grams that give effect to subsection 41(5) and paragraph 41(7)(a.1).”
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, Mario Beaulieu, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Richard Lehoux, Darrell Samson, Marc G. Serré — 11;
NAYS: — 0.
Clause 25, as amended, carried.
On Clause 26,
Francis Drouin moved, — That Bill C-13, in Clause 26, be amended by replacing line 37 on page 17 with the following:“that are prepared under paragraph 46(3)(c).”
After debate, the question was put on the amendment of Francis Drouin 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, Richard Lehoux, Darrell Samson, Marc G. Serré — 11;
NAYS: — 0.
Clause 26, as amended, carried.
Clause 27 carried.
At 10:01 a.m., the sitting was suspended.
At 10:01 a.m., the sitting resumed.
On new Clause 27.1,
Joël Godin moved, — That Bill C-13 be amended by adding after line 12 on page 18 the following new clause:“27.1 Section 52 of the Act is replaced by the following:
52 The Commissioner may engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties of his office and may fix and pay the remuneration and expenses of those persons.”
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 Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
Clause 28 carried.
On new Clause 28.1,
Joël Godin moved, — That Bill C-13 be amended by adding after line 18 on page 18 the following new clause:“28.1 Subsection 56(1) of the Act is replaced by the following:
56 (1) It is the duty of the Commissioner to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society, consistent with federal, provincial and territorial measures to promote and protect the French language.”
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 Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
“28.1 Subsection 56(1) of the Act is replaced by the following:
56 (1) It is the duty of the Commissioner to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society, in a manner consistent with federal, provincial and territorial measures to promote and protect French.”
After debate, the question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:
YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
Clause 29 carried.
Clause 30 carried.
Clause 31 carried.
Clause 32 carried.
Clause 33 carried.
Clause 34 carried.
Clause 35 carried.
On Clause 36,
Niki Ashton moved, — That Bill C-13, in Clause 36, be amended(a) by replacing lines 33 to 41 on page 22 with the following:
“plaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.”
(b) by adding after line 20 on page 24 the following:
“(3) Subsection 64.5(1) of the Act is replaced by the following:
64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.
(4) Section 64.5 of the Act is amended by adding the following after subsection (2):
(2.1) Despite subsection (1), the Commissioner is not permitted to make an order under that subsection in respect of a contravention of a duty under subsection 41(7) or (10) requiring the federal institution to take a positive measure under subsection 41(5) or to include in any agreement referred to in paragraph 41(7)(a.1) provisions establishing the parties' duties under the agreement respecting the official languages.”
Debate arose thereon.
Joël Godin moved, — That the amendment, proposing to amend Clause 36 at pages 22 to 24 of Bill C-13, be amended:
(a) by substituting “under Part IV or V” of paragraph (a) by the following:
“under Part IV, V or VII”
(b) by substituting “under Part IV or V or subsection 41(7) or (10)” of paragraph (b) by the following:
“under Part IV, V or VII”
After debate, 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 Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
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, Richard Lehoux, Darrell Samson, Marc G. Serré — 11;
NAYS: — 0.
Clause 36, as amended, carried.
On Clause 37,
Joël Godin moved, — That Bill C-13, in Clause 37, be amended by replacing line 26 on page 24 with the following:“designated body means a federal institution referred to in”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“65.2 Sections 65.3 to 65.95 apply to federal institutions that have duties under Part IV or V.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“with Parts IV and V and not to punish.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Clause 37 carried.
On Clause 38,
Marc G. Serré moved, — That Bill C-13, in Clause 38, be amended by replacing line 14 on page 31 with the following:“of the contravention or violation that resulted in the order being”
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, Mario Beaulieu, Francis Drouin, Bernard Généreux, Joël Godin, Jacques Gourde, Angelo Iacono, Arielle Kayabaga, Richard Lehoux, Darrell Samson, Marc G. Serré — 11;
NAYS: — 0.
Clause 38, as amended, carried.
Clause 39 carried.
On Clause 40,
Joël Godin moved, — That Bill C-13, in Clause 40, be amended by adding after line 39 on page 31 the following:“(2.1) Subsection 77(2) of the Act is amended by adding the following after paragraph (a):
(a.1) the complainant is informed of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3),
(2.2) Subsection 77(3) of the Act is replaced by the following:
(3) Where a complaint is made to the Commissioner under this Act but the complainant is not informed of the results of the investigation of the complaint under subsection 64(1), of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3), of the recommendations of the Commissioner under subsection 64(2) or of a decision under subsection 58(5) within six months after the complaint is made, the complainant may make an application under subsection (1) at any time thereafter.”
The question was put on the amendment 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, Richard Lehoux, Darrell Samson, Marc G. Serré — 11;
NAYS: — 0.
Clause 40, as amended, carried.
Clause 41 carried.
Clause 42 carried.
On new Clause 42.1,
Joël Godin moved, — That Bill C-13 be amended by adding after line 14 on page 35 the following new clause:“42.1 The Act is amended by adding the following after section 79:
79.1 For greater certainty, in proceedings under this Part, the Court may admit as evidence information relating to events that occurred after the complaint to the Commissioner was made, including information enabling an evaluation of whether the complaint is well-founded and whether the remedy to be granted, if any, is appropriate and just.”
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 Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
On Clause 43,
Mario Beaulieu moved, — That Bill C-13, in Clause 43, be amended by adding after line 34 on page 35 the following:“(4) The Act is amended by adding the following after section 81:
81.1 (1) For greater certainty, the implementation of this Act shall be carried out in accordance with the jurisdiction and powers of the provinces and territories, including with the Charter of the French language in Quebec.
(2) This Act recognizes that French is the official and common language in Quebec.”
The question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:
YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
Clause 43 carried.
At 10:33 a.m., the sitting was suspended.
At 10:33 a.m., the sitting resumed.
On Clause 44,
Joël Godin moved, — That Bill C-13, in Clause 44, be amended by replacing lines 13 to 16 on page 36 with the following:“Crown who is responsible for the provision shall seek the views of the provincial and territorial governments, of members of the English and French linguistic minority communities at a time and in a manner appropriate to the circumstances and, if appropriate, of mem-”
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 Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
“time and in a manner appropriate to the circumstances and after consulting the provincial and territorial governments,”
The question was put on the amendment of Mario Beaulieu and it was negatived on the following recorded division:
YEAS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5;
NAYS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6.
Clause 44 carried.
Clause 45 carried.
Clause 46 carried.
Clause 47 carried.
Clause 48 carried.
“91.1 The Governor General of Canada or other chief executive officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title designated, must be able to speak and understand clearly both official languages at the time of their appointment.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Joël Godin appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Niki Ashton, Francis Drouin, Angelo Iacono, Arielle Kayabaga, Darrell Samson, Marc G. Serré — 6;
NAYS: Mario Beaulieu, Bernard Généreux, Joël Godin, Jacques Gourde, Richard Lehoux — 5.
At 11:07 a.m., the committee adjourned to the call of the Chair.