In Canada, language is an area of shared jurisdiction between the various levels of government. Although the federal government has established its own support measures, it relies on the provinces and territories to help ensure the nationwide recognition of both official languages – English and French.
This HillStudy provides an overview of the language regimes established by the provinces and territories and briefly identifies their main features. Over the years, efforts have been made across Canada to promote the recognition of English and French and improve service delivery to the public in both languages. There have also been initiatives across the country to revitalize and better protect Indigenous languages.
Each province and territory has its own language regime that evolves over time. Language regimes are governed by a variety of official documents, including the Constitution, Acts, regulations, policies and strategic plans. In addition, they may apply to different areas, such as the delivery of government services, the adoption of legislation, justice, education and municipal services, to name a few.
In recent years, there has been a resurgence of provisions in the provinces and territories to enhance the vitality and to support the development of official‑language minority communities. In addition, a number of provincial and territorial governments have updated their legislative, regulatory and policy provisions to adapt to the evolving language needs of their respective populations. And yet, depending on where they live, Canadians experience significant gaps in the types of services available to them in the official language of their choice.
There has also been an upward trend in intergovernmental collaboration, including the development of various regional, national and international partnership mechanisms that aim to improve service delivery in both official languages. Each province and territory has its own governance structure to ensure minority‑language status recognition. Certain jurisdictions have ombudsmen or entities responsible for upholding Canadians’ language rights and to handle language complaints.
At the time of writing, a bill to modernize Canada’s Official Languages Act was still before Parliament. This bill stresses the importance of cooperation among the various orders of government and recognizes that having a diversity of language regimes helps achieve substantive equality between English and French in Canada. In addition, Canada’s Indigenous Languages Act, which received Royal Assent in 2019, highlights the importance of this cooperation for revitalizing Indigenous languages, which involves the provinces and territories as well as Indigenous governments and organizations.
The various language regimes in Canada interact in concert with each other and are constantly called upon to change, as seen by the recent updates to legislation in Ontario and Quebec and the expected update to legislation in the Northwest Territories. In New Brunswick, the recent revision will not result in any updating of the legislation, but will create an official languages secretariat, planned for April 2023.
Canada’s Constitution contains no provision relating to jurisdiction over language. In a 1988 decision, the Supreme Court of Canada affirmed, “Language is not an independent matter of legislation but is rather ‘ancillary’ to the exercise of jurisdiction with respect to some class of subject matter assigned to Parliament or the provincial legislatures by the Constitution Act, 1867.”1 The power to legislate with regard to language therefore belongs to both the federal and provincial levels of government, under their respective legislative authorities.
The provinces and territories play an important role in the protection of linguistic minorities in sectors falling under their exclusive or shared jurisdictions. Studies have highlighted the efforts made by the provinces and territories to support the development of official languages and enhance the vitality of official‑language minority communities.2
Practices are continually evolving, as evidenced in 2013 by the coming into force in Nunavut of the Official Languages Act and the Inuit Language Protection Act.3 Prince Edward Island revised its language regime that same year.4 New Brunswick followed suit in 2013 and then began a new process to revise its Official Languages Act in 2021, to which the premier had only responded briefly at the time of writing.5 Newfoundland and Labrador adopted its French Language Services Policy in 2015, while Manitoba saw its legislation, The Francophone Community Enhancement and Support Act, come into force in 2016, and Alberta adopted its French Policy in 2017.6 Ontario and Quebec just updated their respective language legislation, while a review process is underway in the Northwest Territories.7 To date, British Columbia remains the only province that does not have a legislative, policy or regulatory framework in place for such services, although it appears that this is about to change.8
During the 43rd and 44th Parliaments, the federal government introduced bills to modernize the federal Official Languages Act, in particular to recognize the diversity of provincial and territorial language regimes and their contribution to the advancement of the equality of status and use of English and French in Canadian society. One of these bills was still before Parliament at the time of writing.9 In 2019, the federal government also recognized the importance of working with Indigenous governments and organizations, as well as the provinces and territories, to implement its new Indigenous Languages Act.10
This document summarizes the provincial and territorial language regimes, as well as current practices in intergovernmental collaboration.
Language regimes vary significantly from one province or territory to another. Only Quebec and Manitoba were subject to linguistic obligations when they entered Confederation. In 1969, New Brunswick broke new ground by adopting the first Official Languages Act.
Today, every province and territory except British Columbia has implemented measures to recognize the official languages or the provision of French‑language services.
In addition to these general provisions, the provinces and territories have adopted specific linguistic measures relating to such sectors as education, justice, municipal services, complaint processes, government services, legislative assemblies and legislation, and official‑language communities.
With regard to education, every province and territory has implemented legislative measures to ensure compliance with section 23 of the Canadian Charter of Rights and Freedoms.17 Section 23 guarantees the right of parents to have their children receive primary and secondary school instruction in the minority language, where numbers warrant. It also guarantees parents the right to manage minority‑language schools.18
Since 1970, the federal government has offered financial support to provinces and territories to cover the additional costs incurred for minority‑language education and second‑language instruction. A protocol signed between the Government of Canada and the Council of Ministers of Education (Canada) governs the management of funding in education. Each province and territory establishes its own action plan identifying funding commitments and performance indicators.19
Nunavut’s case in terms of language rights in education is unique, since the Inuit Language Protection Act includes provisions for instruction in the Inuit language.20 The federal government also provides financial support to promote the learning of Inuktitut in schools and to help revitalize the language.21
Regarding judicial matters, section 530 of the Criminal Code22 guarantees the right, in criminal proceedings, of every accused to be tried in his or her language of choice. The provinces and territories, which are obligated to meet this requirement, have, for the most part, implemented legislative provisions to that effect, and implemented other measures to clarify the language requirements in their courts.
In 2019, the Divorce Act was amended to permit the parties to choose either official language for their divorce proceedings.27 These amendments, although adopted by Parliament, will gradually apply to every province and territory.28
At the municipal level, Quebec, Ontario, New Brunswick and Manitoba have adopted language regimes that recognize official language minority communities.29 Nunavut has established Inuit language rights and duties at the municipal level in its Inuit Language Protection Act. Under its Official Languages Act, Nunavut also prescribes the offer of communications and services by a municipality in English, French or Inuit where there is a significant demand. Elsewhere in Canada, certain municipalities have been given bilingual status or provide services in both official languages; this is the case in Prince Edward Island, Nova Scotia, Saskatchewan, Alberta and the Northwest Territories.
In some provinces, municipalities have formed associations to ensure that services in French are preserved and delivered. These include the Francophone Association of Municipalities of Ontario, the Association francophone des municipalités du Nouveau‑Brunswick, the Association of Manitoba’s Bilingual Municipalities and the Association bilingue des municipalités de l’Alberta.
Ontario, New Brunswick, Quebec, the Northwest Territories and Nunavut have established a language ombudsman or created an agency charged with upholding language rights. Their role is to ensure that the relevant province or territory complies both with official languages legislation and with measures regarding the provision of French‑language services in a minority setting – or, in the case of Quebec, a majority setting – and to review complaints about these matters. Informal discussions between the provincial/territorial ombudsmen and the federal Commissioner of Official Languages may occur.30
In addition, Prince Edward Island’s French Language Services Act does not provide for the creation of an ombudsman office, but instead prescribes the appointment of a Complaints Officer accountable to the Minister Responsible for Acadian and Francophone Affairs. Under the existing process, complaints are first addressed by the French Language Services Co‑ordinator of the government institution involved in the incident, and may be referred to the Complaints Officer when necessary.
The majority of the provinces (eight out of 10) and all the territories have taken measures regarding the offer of government services in the minority language. However, the extent to which those services must be provided varies from place to place.
The use of a minority language is possible in the course of proceedings in nine legislative assemblies.
The use of the minority language is also permitted for the printing and publication of Acts in eight cases:
Some provincial and territorial Acts and policies contain provisions with regard to the development of official‑language minority communities:
The following table provides a non‑exhaustive list of the official documents in each province and territory relating to the recognition of the official languages, the provision of services in the minority language or the development of official language minority communities.
Province or Territory | Official Documents |
---|---|
Yukon |
|
Northwest Territories |
|
Nunavut |
|
British Columbia | – |
Alberta |
|
Saskatchewan |
|
Manitoba |
|
Ontario |
|
Quebec |
|
New Brunswick |
|
Nova Scotia |
|
Prince Edward Island |
|
Newfoundland and Labrador |
|
Notes:
Only adoption dates are provided for laws, regulations and policies; in some cases, changes may have been made since those dates. For strategic plans, all relevant dates are shown.
With respect to Nunavut, the first Official Languages Act referred to in the table is that of the Northwest Territories, which was in force when Nunavut was created in 1999 and was repealed when Nunavut’s Official Languages Act was enacted in 2008.
Source:
Table prepared by the Library of Parliament using information from provincial and territorial government websites.
Beginning in the mid‑1990s, it became standard for the federal government to sign agreements with the provinces and territories to promote French‑language services in those provinces and territories.48 The goal of these agreements was to increase the capacity of the provincial and territorial governments to develop, improve and provide services, including municipal services, in the language of the minority population.
The allocated funds have enabled the implementation of provincial and territorial legislation. They are also used to promote the delivery of services in all areas (other than education) deemed essential to the development of official‑language communities in a minority setting (e.g., justice, health, youth, the arts and culture). Each province and territory establishes a strategic plan describing planned actions and expected results.
All provincial and territorial governments have set up offices responsible for francophone affairs or, in the case of Quebec, anglophone affairs. In most cases, the office is under the responsibility of the designated minister; in some cases, it comes under another ministerial portfolio (e.g., a provincial secretariat or intergovernmental affairs). In Quebec, relations with English‑speaking residents have been managed by a secretariat under the ministry of the executive council (ministère du Conseil exécutif) since November 2017.
In all of its five‑year initiatives begun since 2003, the federal government has reiterated the importance of intergovernmental cooperation and support for delivering services in both official languages in the provinces and territories.49 The bill to modernize Canada’s Official Languages Act, introduced in the House of Commons on 1 March 2022 and still under consideration at the time of writing, also emphasizes the importance of this cooperation.50
Since the late 1980s, the Government of Quebec has signed cooperative agreements with the governments of other provinces and territories in order to help them improve the provision of services in French.51 The prioritized sectors include culture, communications, education, economic development and health. Help is also provided in other sectors, such as early childhood, youth, immigration, justice, tourism and any other sector deemed relevant.
In 2006, Quebec updated its policy on the Canadian Francophonie to reinforce solidarity between francophones in Quebec and those elsewhere in Canada.52 In 2017, it unveiled its Policy on Québec Affirmation and Canadian Relations, which puts the Canadian Francophonie at the centre of the dialogue between Quebec and the rest of Canada.53 In 2022, the province again updated its policy on the Canadian Francophonie and launched an action plan to support its implementation.54 In addition, as of 1 June 2022, its language legislation contains references to Canada’s francophone and Acadian communities.55 Youth mobility, access to post‑secondary education and research in French, partnerships in the fields of health and the economy and the establishment of the Journée de la francophonie canadienne are among the targeted areas for action.
Since 1994, the provinces and territories have participated annually in the Ministers’ Council on the Canadian Francophonie (formerly the Ministerial Conference on the Canadian Francophonie).56 This body is committed to strengthening intergovernmental cooperation on issues relating to francophone affairs in Canada. It also works to improve the coordination of provincial and territorial actions with those of the federal government. Each province and territory is represented at the conference by a minister responsible for francophone affairs. The federal government has been represented since 2005.
At their most recent annual meetings, provincial and territorial ministers examined various issues, including francophone immigration, the provision of services in French, the modernization of the federal Official Languages Act and the shortage of bilingual workers. They called for increased cooperation with the federal government on the upcoming 2023–2028 action plan for official languages, on which public consultations were held.
In its official languages reform document released in February 2021, the federal government had proposed to recognize the “mandate, collaboration and action of the Ministerial Council on the Canadian Francophonie” but this proposal did not make it into the bill introduced before Parliament on 1 March 2022.57
Quebec and New Brunswick are members of the Organisation international de la Francophonie.58 Their participation gives the two provinces the political leverage to influence a number of international issues related to the Francophonie. Since November 2016, Ontario has had observer status, which enables it to attend meetings of the official bodies of the Francophonie, but not to take part in debates. The other provinces and territories are represented by the federal government, which has member status.
Some Quebec municipalities and the Association francophone des municipalités du Nouveau‑Brunswick sit on the Association internationale des maires francophones, an international network of locally elected representatives from countries where the place of French is formally recognized.59
The following figure provides a visual representation of the characteristics of provincial and territorial language regimes and the governance structures that recognize the status of the minority language.
Source:
Figure prepared by the Library of Parliament using information from provincial and territorial government websites.
Provincial and territorial language regimes are constantly evolving. They change in concert with each other, influenced by public pressure, alterations in Canadian society, and legal changes. Intergovernmental collaboration practises follow the same pattern, with growing recognition of the need for ongoing partnerships between different levels of government. Indeed, the federal government must count on the support of provincial and territorial counterparts to ensure cross‑country recognition for the two official languages and to foster the development of official‑language minority communities. In recent years, increased efforts have also been made across Canada to protect and revitalize Indigenous languages.
The Legislative Assembly of Manitoba adopted The Francophone Community Enhancement and Support Act on 30 June 2016. The delivery of services in French, previously ensured only by a policy, now enjoys statutory protection. See Manitoba, The Francophone Community Enhancement and Support Act (390 KB, 22 pages), C.C.S.M., c. F157; and Brenna Haggarty, “Les régimes linguistiques en matière de la Francophonie des provinces des Prairies : un aperçu comparatif et critique – Le Manitoba,” Blogue de la Chaire, Holder of the Canadian Francophonie Research Chair in Language Rights (François Larocque), 11 August 2021.
In Alberta, the government unveiled the French Policy on 14 June 2017. This policy helps provincial government departments improve their French‑language services and support the vitality of Alberta’s francophone community. See Alberta, French Policy (152 KB, 10 pages); and Brenna Haggarty, “Les régimes linguistiques en matière de la Francophonie des provinces des Prairies : un aperçu comparatif et critique – L’Alberta,” Blogue de la Chaire, Holder of the Canadian Francophonie Research Chair in Language Rights (François Larocque), 28 July 2021.
[ Return to text ]In Quebec, An Act respecting French, the official and common language of Québec, assented to on 1 June 2022, amended the Charter of the French language to give French more prominence as the official and common language of that province. See Quebec, National Assembly, Bill 96, An Act respecting French, the official and common language of Québec (526 KB, 108 pages), 42nd Legislature, 2nd Session (S.Q. 2022, c. 14); and Quebec, Charter of the French language, c. C‑11. Provisions affecting the language of legislation, justice, work and post‑secondary education could, according to some stakeholders, negatively affect the rights of Quebec’s English‑speaking communities. Legal challenges to this effect have been initiated. Provisions relating to the language of justice have already been suspended. See The Canadian Press, “Judge suspends two articles of Quebec’s new language law regarding legal translations,” CityNews, 12 August 2022.
In the Northwest Territories, the territorial government launched public consultations in spring 2022 and has proposed amendments to the Official Languages Act that are expected to come into force in spring 2023. See Northwest Territories, Official Languages Act (184 KB, 20 pages), RSNWT 1998, c. O‑1; Northwest Territories, Have Your Say on the Northwest Territories Official Languages Act, News release, 16 May 2022; Northwest Territories, Department of Education, Culture and Employment, What We Heard Report – NWT Official Languages Act Engagement (516 KB, 9 pages), May–June 2022; Thomas Éthier, “Craintes et attentes pour la commissaire aux langues des TNO,” L’Aquilon, 7 July 2022; and Thomas Éthier, “Langues officielles : le GTNO présente un bilan des consultations publiques,” L’Aquilon, 11 August 2022.
[ Return to text ]In 2016, the Minister of Acadian Affairs asked a committee to make recommendations to strengthen the role of Acadian Affairs within the provincial government. See Nova Scotia, Committee responsible for making recommendations to enhance the role of Acadian Affairs in government, The Acadian Reality in Nova Scotia: It’s Time to Act! (808 KB, 64 pages), Report, 20 March 2016.
The Government of Nova Scotia responded favourably to two of these recommendations by promising to strengthen the role of Acadian Affairs and to create an advisory committee to address the community’s needs. However, it did not commit to modernizing the French‑language Services Act. See Nova Scotia, Response to Reports from the Acadian and Francophone Communities (109 KB, 8 pages), October 2016.
[ Return to text ]With respect to Quebec, recent amendments to the Charter of the French language have placed even greater importance on the status of French as the province’s only official language. These amendments create the roles of Minister of the French Language and French Language Commissioner, and strengthen the powers of the Office québécois de la langue française. See Quebec, National Assembly, Bill 96: An Act respecting French, the official and common language of Québec (526 KB, 108 pages), 42nd Legislature, 2nd Session (S.Q. 2022, c. 14), Explanatory Notes.
[ Return to text ]In Ontario, the French Language Services Act provides for a review every ten years and prescribes a fixed date for initiating the first review, no later than the end of 2031. See Ontario, French Language Services Act, R.S.O. 1990, c. F32, s. 16(3).
In the Northwest Territories, the Official Languages Act provides that the Legislative Assembly, or a committee designated or established by it, shall review the Act after five years. The Standing Committee on Government Operations conducted such reviews in 2009, 2015 and 2020. The territorial government has committed to amending the legislation by spring 2023. See Northwest Territories, Official Languages Act (184 KB, 20 pages), RSNWT 1998, c. O‑1, s. 35(1); Northwest Territories, Have Your Say on the Northwest Territories Official Languages Act, News release, 16 May 2022; and Northwest Territories, Department of Education, Culture and Employment, What We Heard Report – NWT Official Languages Act Engagement (516 KB, 9 pages), May–June 2022. On 1 November 2022, the government tabled a bill in the territorial Legislative Assembly, which adjourned on 3 November 2022 until 7 February 2023. See Northwest Territories Legislative Assembly, Bill 63: An Act to Amend the Official Languages Act (407 KB, 9 pages), 19th Assembly, 2nd Session; and Julie Plourde, “Projet de loi 63 aux T.N.‑O. : la commissaire aux langues officielles a plus de pouvoirs,” Radio‑Canada, 10 November 2022.
In Nunavut, the Official Languages Act stipulates that a review be conducted every five years either by the legislative assembly or by one of its committees. See Nunavut, Official Languages Act, 2008, c. 10, s. 37(1).
[ Return to text ]In Nova Scotia, the provincial government introduced a bill in the legislature on 12 April 2022 to recognize Acadians’ right to manage curriculums, funding and staffing in minority schools and to ensure that student attendance in those schools reflects the demographic weight of the Acadian population. At the time of writing, the bill was at second reading. See Nova Scotia, Legislature, An Act Respecting Acadian and Francophone Education – Bill 156, 64th Assembly, 1st Session; and Pascal Vachon, “Début du processus vers une première Loi sur l’éducation en français au Canada,” ONFR+, 12 April 2022.
[ Return to text ]Every parent whose child is enrolled in the education program in Nunavut, including a child for whom an individual education plan has been proposed or implemented, has the right to have his or her child receive Inuit Language instruction.
This section was to come into force on 1 July 2019, but was temporarily suspended for students in grades 4 to 12 because of a lack of certified Inuit‑language teachers. In 2020, amendments to this Act and Nunavut’s Education Act extended the timelines for a phased implementation of Inuit language education from 2026 to 2039. See Nunavut, An Act to Amend the Education Act and the Inuit Language Protection Act (222 KB, 46 pages), 2020, c. 14; and Nunavut, Education Act (232 KB, 95 pages), 2008, c. 15.
In October 2021, Nunavut Tunngavik Incorporated launched a lawsuit in the Nunavut Court of Justice challenging the territorial government’s failure to provide Inuit language education as it had committed to do in 2008. See Nunavut Tunngavik Incorporated, NTI v GN 2021; and Karine Lavoie, “Poursuite historique contre le gouvernement du Nunavut,” Francopresse, 12 November 2021.
In Yukon, the Education Act provides that the
Minister may authorize an educational program or part of an educational program to be provided in an aboriginal language after receiving a request to do so from a School Board, Council, school committee, Local Indian Education Authority or, if there is no Local Indian Education Authority, from a Yukon First Nation.
See Yukon, Education Act (656 KB, 108 pages), L.R.Y. 2002, c. 61, s. 50(1).
In the Northwest Territories, the Education Act states that “nothing in this Act shall be interpreted so as to affect aboriginal rights.” See Northwest Territories, Education Act (1.0 MB, 106 pages), SNWT. 1995, c. 28, section 4.1(1).
[ Return to text ]With the passage of the Indigenous Languages Act, the federal government also provides financial support to Indigenous communities in the areas of elementary and secondary education, cultural education centres and support for Indigenous languages in general. See Government of Canada, Funding – Indigenous peoples and cultures; Nunavut, Department of Culture and Heritage, Working Together to Support Inuktut Education in Nunavut, News release, 9 March 2021; and Canadian Heritage, Backgrounder: The Government of Canada makes historic contribution to support Indigenous languages in the North.
[ Return to text ]However, in another, this time unanimous, decision, issued in the spring of 2019, the Supreme Court clarified that, in a criminal law context, section 530 of the Criminal Code takes precedence. In other words, persons accused of a provincial offence in British Columbia have the right to a trial in the official language of their choice. See Bessette v. British Columbia (Attorney General), 2019 SCC 31.
[ Return to text ]In Ontario, the French Language Services Act allows – but does not require – the adoption of a by‑law providing that the administration of the municipality shall be conducted in both English and French. Some municipalities in the province have adopted by‑laws to this effect. Since 2017, section 11.1 of the City of Ottawa Act, 1999 recognizes Ottawa’s bilingual character. See Ontario, City of Ottawa Act, 1999, S.O. 1999, c. 14, Schedule E.
In New Brunswick, the Official Languages Act sets out requirements for municipalities whose official language minority population represents at least 20%.
In Manitoba, The Municipal Act sets out conditions that must be met to amend or repeal a French‑language services by‑law. See Manitoba, The Municipal Act, C.C.S.M. 1996, c. M225, s. 147.1.
[ Return to text ]In other provinces and territories, most approaches to recognizing the role of minority communities in immigration are made through agreements between the federal and provincial or territorial governments, not through specific legislation or regulations.
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