Research publications

The purpose of the Official Languages Act (OLA) is to ensure respect for English and French as the official languages of Canada. It was enacted in 1969, revised in 1988 and 2005, and overhauled in 2023 to adapt to the legal, technological and sociodemographic realities of our time. This HillStudy gives an overview of the principles and implementation of the OLA. It also looks at the federal institutions responsible for implementing the OLA, those that are subject to it and recent debates about the legislation.

In Canada, jurisdiction over language is shared between the various levels of government. The federal government has adopted a bilingual language regime in which the two official languages are English and French. Although it has established its own support measures, it relies on the provinces and territories to help ensure that the two official languages are recognized across the country. In addition, efforts are being made by the federal, provincial, territorial and Indigenous governments to support Indigenous languages, which are not recognized as official languages, except in the Northwest Territories and Nunavut. Each province and territory has its own language regime. This language regime is established through various official documents, including the Constitution, legislation, regulations, policies and strategic plans. It may apply to different areas, like the offer of government services, the adoption of legislation, justice, education and municipal services, to name a few. This HillStudy presents a non-exhaustive overview of the language regimes in place in the provinces and territories, and it briefly describes the main features of each one.

This HillStudy outlines the fundamental principles for ensuring respect for official languages in the federal public service, explains the responsibilities of key players in official languages matters and reviews some recently debated issues relating to the status of English and French in departments, agencies, bodies and Crown corporations subject to the Official Languages Act (OLA). It discusses the amendments made to the OLA by 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, which received Royal Assent on 20 June 2023. However, it does not discuss the new language regime that applies to the federally regulated private sector, which falls under a separate law, the Use of French in Federally Regulated Private Businesses Act. In addition, while the OLA now recognizes the importance of working to reclaim, revitalize and strengthen Indigenous languages, this HillStudy does not deal with recent efforts to foster recognition of the language rights of Indigenous federal employees.

In the Canadian parliamentary context, English and French enjoy equality of status and use. In fact, there are a number of constitutional and legislative provisions governing the use of both official languages in Parliament. These provisions, which have evolved over the course of history, now apply to both the legislative process and parliamentary procedure and reflect the importance of the language rights granted to parliamentarians, as well as the people they serve. Parliamentary procedure has undergone several changes to provide a framework for the use of not only the official languages, but other ones too. In recent years, the Senate and the House of Commons have taken measures governing the use of Indigenous languages.

This HillStudy explores the rules that govern the use of both official languages in Canada’s justice system, with particular focus on the role of the federal government in that regard. First, it provides an overview of Canada’s court system, then it examines the legislative and constitutional framework for judicial bilingualism in a federal context, both in federal courts and in criminal law. Lastly, it looks at a number of current issues related to the use of both official languages in Canada’s court system.

On 16 October 2013, in the Speech from the Throne beginning the 2nd Session of the 41st Parliament, the Right Honourable David Johnston, Governor General of Canada, described Canada as a “federation in which [our] two national languages position us uniquely in the world.” The Prime Minister of Canada also used the term “national languages” in his message in the Roadmap for Canada’s Official Languages 2013–2018, and it has been used by the government on other occasions. Given that Canadian usage generally favours the term “official languages” over “national languages,” these recent instances have raised questions. For example, at a meeting of the House of Commons Standing Committee on Official Languages on 27 November 2013, a government member asked the Commissioner of Official Languages whether using the term “national languages” would symbolize a stronger recognition of English and French. The Commissioner expressed some concern regarding its use: “If we agree that certain languages are official and that others are national, which is to say limited to a certain territory, I think there may be a risk of creating hierarchy. That being said, I am just beginning to reflect upon this issue, which is why I hesitate to provide you with a clear answer.” The issue arose again in March 2014, when the Honourable Shelly Glover, Minister of Canadian Heritage and Official Languages, used the term during her appearances before the Standing Senate Committee on Official Languages and the House of Commons Standing Committee on Official Languages. This document examines the issue in terms of Canada’s history and linguistic landscape, beginning with a brief explanation of the difference between a “national language” and an “official language.” It then traces the decision to use the term “official languages” to describe English and French as well as the recommendation to give them a legal foundation, two factors leading to the adoption of the Official Languages Act in 1969.