Good Practices – Implementation of Section 41 of the Official Languages Act

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Support to Official-Language Minority Communities and Advancement of English and French

Interdepartmental Coordination Directorate
October 2011

For more information, please contact the Interdepartmental Coordination Directorate at Canadian Heritage:

Interdepartmental Coordination Directorate
Official Languages Support Programs
Canadian Heritage
15 Eddy Street 7th floor
Gatineau Quebec  K1A 0M5
Email: langoff-offlang@pch.gc.ca
Telephone: 819-994-3577
Toll-free: 1-866-811-0055
Fax: 819-953-3942 TTY*: 1-888-997-3123

* For people who are deaf, hard of hearing, or speech-impaired.

Introduction

The Government of Canada has committed itself, under section 41 of the Official Languages Act (OLA), to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development, and to fostering the full recognition and use of both English and French in Canadian society. The OLA assigns Canadian Heritage the mandate of coordinating the implementation of this commitment by federal institutions.

Canadian Heritage thus produces a range of tools in order to assist these institutions in optimizing their contribution to the development of official-language minority communities (OLMCs) and the promotion of English and French in Canadian society.

This good practices compendium is one of those tools. Compiled by Canadian Heritage in consultation with the institutions' coordinators, it promotes best practices with a view to fostering their dissemination and encouraging excellence and innovation. Institutions are invited to draw inspiration from the practices described herein.

This compendium is a companion to the Implementation Guide and Performance Measurement Tool  and is structured in the same way. Accordingly, the good practices included here are presented under six headings, representing various means by which federal institutions can encourage the development of OLMCs and promote the use of both official languages in Canada:

A. Awareness	Internal activities directed at making employees and management of the federal institution aware of their responsibilities regarding OLA section 41 and OLMCs.
B. Consultation	Sharing of ideas and information between the federal institution and OLMCs to better understand each other's priorities and mandate, and to identify areas for OLMC development.
C. Communications	Provision of information (externally) to promote the bilingual character of Canada; provision of information to OLMCs regarding the federal institution's activities, programs and policies that could be of interest to them.
D. Coordination and liaison	Cooperation and liaison (joint research, meetings, etc.) within the federal institution and between government institutions (federal, provincial, territorial or municipal).
E. Funding and program delivery	Implementation of programs and services (resources, in-kind, funding, etc.) for OLMCs by the federal institution alone or in collaboration with other government institutions; taking into account of OLMC needs and the promotion of the full recognition and use of both official languages in the programs and services of the federal institution.
F. Accountability	Institutional tools for planning, evaluating and reporting (action planning, reporting on results, internal evaluations, policy reviews, etc.).

A.  AWARENESS (In-house activities)

[Training, information, orientation, awareness, communication and other activities carried out in-house in order to educate employees and/or senior managers of the federal institution about linguistic duality and the priorities of OLMCs; senior manager performance contracts and recognition programs; consideration of the viewpoints of OLMCs in research, studies and investigations carried out in-house.]

Expected result: Creation of lasting changes in federal institution organizational culture; employees and management are aware of and understand their responsibilities regarding section 41 of the Official Languages Act and OLMCs.

Impact: Because they are aware of their institution's obligations and adhere to the values of linguistic duality, employees are receptive and open to OLMC needs and the promotion of official languages in Canadian society. They are on the lookout for opportunities to arise in this regard.

Examples of General Methods

• Regularly offer information and training sessions to all employees, including managers, on the federal institution's duties under Part VII of the Act; assess the level of employees' knowledge using a survey to tailor training to their needs. 
  
  
• Convey messages through the Official Languages Champion, reiterating institutional duties and highlighting the measures adopted and results achieved. 
  
  
• Recognize the efforts of managers and employees who contributed to the implementation of section 41 of the Act and publicize the outcomes. 
  
  
• Ensure that information tools such as Bulletin 41-42 are widely circulated to, for instance, national, regional and sectoral coordinators, official languages officials, branches and regional offices. 
  
  
• Include OLMC viewpoints in all social research conducted by the federal institution from the outset. 
  
  
• Celebrate Rendez-vous de la Francophonie events each March through various actions promoting the Canadian Francophonie and French-language communities, thereby contributing to Canada's linguistic duality. 
  
  

Examples of Methods Used by Federal Institutions

• Since the 2009 launch of an online training program, over 2,500 employees of the Canada Post Corporation have taken OLA training. Today, all employees must take this training, which raises employee awareness of the federal commitment to section 41 of the OLA.
  
  
• Société Radio-Canada enhanced the capacity of its programming to incorporate and reflect OLMCs through the use of a demographic profile of its clientele created on the basis of Statistics Canada and Canadian Heritage data. 
  
  
• The Business Development Bank of Canada provides participants in the transitional leadership program with a reference tool summarizing and highlighting the institution’s official-languages responsibilities. 
  
  
• A number of institutions, including Health Canada and the Canada Post Corporation, adopted an internal policy on support for OLMCs and linguistic duality to ensure that these elements remain in the institution’s decision-making processes.
  
  
• A number of institutions have created an internal working group to increase awareness and develop a better understanding of institutional responsibilities concerning official languages as well as to share good practices. At the Social Sciences and Humanities Research Council of Canada, the creation of a interdivisional working group has given managers and employees a better understanding of their responsibilities under section 41 of the OLA and has shed light on OLMC priorities and issues.  
  
  
• The Treasury Board of Canada Secretariat developed a tool for analyzing Treasury Board submissions on the basis of potential impact on official languages, particularly the development of OLMCs and the promotion of both official languages in Canadian society. 
  
  
• The Economic Development Agency of Canada for the Regions of Quebec uses studies and research on communities, such as social and economic profiles, to develop its departmental action plans. 
  
  
• Justice Canada and the Health Canada regional office in Quebec present recognition awards to mark outstanding contributions made by employees to the promotion of official languages. 
  

B. CONSULTATIONS (Sharing of ideas and information with OLMCs)

[Activities (e.g. committees, discussions and meetings) through which the federal institution consults the OLMCs and interacts with them to identify their needs and priorities or to understand potential impacts on their development; activities (e.g. round tables and working groups) to explore possibilities for cooperation within the existing mandate of the federal institution or as part of developing a new program or new policy; participation in consultations with OLMCs coordinated by other government bodies; consultation of OLMCs by regional offices to determine their concerns and needs.]

Expected result: Creation of lasting relationships between the federal institution and OLMCs; the federal institution and OLMCs understand each other's needs and mandates.

Impact: A dialogue based on trust and partnership is established; as a result, the institution is able to make more informed decisions for the benefit of OLMCs. 

Examples of General Methods

• Ask community organizations to present their priorities and needs and what they are doing to lead and support the community in their region or sector. 
  
  
• Put in place consultation mechanisms (advisory committees, roundtables, working groups, etc.) to ensure ongoing dialogue with OLMCs. 
  
  
• Participate in community activities and annual general assemblies of representative organizations to learn more about the reality of OLMCs.  
  
  
• Participate in consultations organized by federal interdepartmental committees. 
  
  
• Consult interested publics, including OLMCs, throughout the policy, program or service development and review process to ensure their priorities are reflected. 
  
  

Examples of Methods Used by Federal Institutions

• Since its creation, the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) has undertaken to establish ongoing dialogue with Francophone communities in this region. The Agency met with more than 50 organizations representing these communities to get to know them, take stock of their priorities, and inform them of its programs and services. A number of organizations from Francophone communities were then able to discuss their projects in greater detail with program officers and submit funding applications. 
  
  
• The business offices of the Canada Economic Development for Quebec Regions (CED) have maintained ongoing dialogue with representatives, organizations and businesses from English-speaking communities in the regions they serve. In this way, CED is able to take into account OLMC needs in business plans and decision-making processes. 
  
  
• Telefilm Canada organizes annual information meetings for representatives of the Crown corporation, broadcasters and producers from OLMCs to inform them about federal programs and present community projects to private-sector partners. 
  
  
• The National Capital Commission has expanded the network of community leaders and resource persons regularly invited to participate in public consultations to ensure equitable participation by OLMC representatives.    
  
  
• A number of institutions, including the Canadian Radio-television and Telecommunications Commission and Human Resources and Skills Development Canada, have put in place and facilitated advisory committees. These committees bring together federal institution representatives and community spokespersons to focus on common interests, establish ongoing dialogue and develop an atmosphere of mutual trust.
  
  
• The Canada Revenue Agency took advantage of its leadership within the Pacific Federal Council to organize a consultation forum bringing together representative organizations and federal institutions. 
  
  
•  Health Canada invited the Community Health and Social Services Network to present to the departmental management committee the findings of a survey on access to health care services in English in Quebec.
  
  
• In 2010 Industry Canada held Dialogue Days with OLMCs. In their wake, joint community–government committees were created in order to facilitate cooperation, partnerships, networking, sharing of information and best practices, and follow-up. On Industry Canada’s invitation, organizations representing these communities agreed to coordinate joint committees. Canada Economic Development for Quebec Regions accepted Industry Canada’s invitation to join the committee with Quebec’s English-speaking communities, and Agriculture and Agri-Food Canada joined the committee with French-speaking communities in a minority setting
  
  
• Société Radio-Canada organizes occasional conference lunches in the regions so that its representatives (General Manager of Regional Operations and regional directors) can discuss with community leaders and touch base on issues of common interest.
  
  

C.  COMMUNICATIONS (Transmission of information to OLMCs)

[External communications activities to inform OLMCs about the activities, programs and policies of the federal institution and to promote the bilingual character of Canada; inclusion of OLMCs in all information and distribution lists; use of the federal institution's Web site to communicate with OLMCs.]

Expected result: OLMC culture reflects a broad understanding of the federal institution's mandate; OLMCs receive up-to-date and relevant information about the federal institution's programs and services.

Impact: Because OLMCs are aware of the institution's programs and services, they are able to understand the applicable criteria and terms and conditions, and have access to them. 

Examples of General Methods

• Ensure that media plans take the minority media into account (in particular, newspapers and radio stations) to ensure that OLMCs are informed of governmental initiatives. 
  
  
• Include OLMCs (clients, organizations, institutions, businesses) in distribution or mailing lists.
  
  
• Publish articles in Bulletin 41-42 to raise the visibility of programs and services that could have an impact on OLMCs and to underscore the federal institution's achievements.
  
  
• Inform OLMCs of significant events, announcements, activities (fairs, seminars, conferences), exhibitions, publication of reports, adoption or revision of policies, programs or services.
  
  
• Use the federal institution's Web site to disseminate information for OLMCs in both official languages (e.g., action plan, status report, programs and services of interest to OLMC communities).
  
  

Examples of Methods Used by Federal Institutions

• The Canadian Northern Economic Development Agency (CanNor) systematically sends its press releases and information documents to Francophone media in the territories. Its media buys, such as public announcements about its Strategic Investments in Northern Economic Development program and vacancy postings, also include Francophone media.
  
  
• For International Development Week 2011, the Canadian International Development Agency (CIDA) asked the seven regional and provincial international cooperation councils to organize a youth campaign and to reach out to OLMCs. The councils used minority‑language newspapers and radio to reach this target clientele.
  
  
• Parks Canada works with the Conseil des Arts de Chéticamp and the Société Saint-Pierre de Chéticamp to promote tourism to Cape Breton. Together, they explore ways of making better use of arts and heritage to tell visitors the story of the region’s Acadians.
  
  
• At Health Canada, the Applied Research and Analysis Directorate and the Human Resources Directorate were invited to take part in consultations with OLMC stakeholders, including the Société santé en français and the Consortium national de formation en santé. In this way, the Department was able to better identify issues specific to OLMCs in key research and HR areas and plan its actions accordingly.
  
  
• As an official supplier of the Vancouver 2010 Olympic and Paralympic Winter Games, the Canada Post Corporation ensured that hotels were able to refer French-speaking visitors to places where they could obtain postal services in their language. The Pacific Federal Council awarded Canada Post the Official Languages Excellence Award in recognition of the additional efforts it made to provide services in both official languages during the Games. 
  

D.  COORDINATION AND LIAISON (Does not include funding - Internal coordination and liaison with other government institutions)

 [Coordination activities (research, studies, meetings, etc) carried out by the institution itself along with other federal institutions or other levels of government; participation in activities organized by other federal institutions, other levels of government, etc.; participation of official languages champions, national and regional coordinators, etc., in various government forums]

Expected Result: Cooperation with multiple partners to enhance OLMC development and vitality, and to share best practices.

Impact: OLMCs benefit from partnerships formed between various institutions and can therefore carry out larger-scale projects. They also benefit from the fact that institutions exchange best practices that have proven to be successful.

Examples of General Methods

• Participate in interdepartmental networks concerned with official languages, specifically, the official languages champions' network, the national coordinators' network and the regional federal councils 
  
  
• Provide strong leadership in interdepartmental committees on horizontal issues such as arts and culture, economic development and employability and immigration 
  
  
• Establish and facilitate an internal departmental coordinators' network (sectoral and/or regional) to maximize the benefits of federal initiatives for all OLMCs across the country
  
  
• Work with provincial, territorial and municipal partners for the benefit of OLMCs or to promote linguistic duality
  
  
• Collaborate on joint research and studies relating to OLMCs or linguistic duality
  
  

Examples of Methods Used by Federal Institutions

• The Treasury Board Secretariat developed a reference guide for the deputy heads of small government institutions with a section on Part VII of the OLA, developed in consultation with Canadian Heritage.
  
  
• Statistics Canada collaborated with other federal institutions and a postsecondary research centre to organize a symposium on official languages research.
  
  
• Citizenship and Immigration Canada worked with a provincial government and community organizations to organize a series of briefing sessions held in a number of cities on the Provincial Nominee Program, under which all parties collaborate.
  
  
• Public Works and Government Services Canada disseminated and promoted within the federal government a document on best practices relating to government advertising in minority media.
  
  
• Justice Canada chairs a sectoral working group that assembles a number of federal institutions to address common issues, priorities and challenges in order to strengthen interdepartmental cooperation and draw on each other’s acquired experience.
  
  
• Several federal institutions, including the Atlantic Canada Opportunities Agency and Canadian Heritage, have created and lead an internal working committee of individuals who have official-language responsibilities (under parts IV, V, VI and/or VII) to foster understanding of how the various measures complement each other.
  
  
• Industry Canada and Canada Economic Development for Quebec Regions coordinated their consultation activities with the Quebec Anglophone community to make the most effective use of both departmental and community resources.
  
  
• Parks Canada’s western network of regional coordinators ensures a strong liaison with the OLMCs; in fact, this liaison has enabled Parks Canada to play an important role in carrying out projects in cooperation with other levels of government, in particular with the Government of Nunavut for the signing of a protocol for cooperation between the Territory and France.
  
  
• Numerous federal institutions, for example Western Economic Diversification, Fisheries and Oceans Canada and Canadian Heritage, manage a network of coordinators in key areas/programs/services to help raise awareness and improve accountability.
  
  

E.  FUNDING AND PROGRAM DELIVERY

[Implementation of the federal institution's programs and delivery of its services; funding, alone or in cooperation with other federal institutions, of OLMC projects; inclusion of the needs of OLMCs in the delivery of the institution's programs and services] 

Expected Result: OLMCs are part of the federal institution's regular clientele and have adequate access to its programs and services; OLMC needs (e.g., geographic dispersion, development opportunities) are taken into account.

Impact: OLMCs have access to the institution's programs and services.

Examples of General Methods

• Support and participate in community projects, through financial support, loans of services or equipment or other forms of assistance.
  
  
• Review terms and conditions and eligibility criteria for programs and services to ensure that they take into account the diversity and geographic distribution of OLMCs.
  
  
• Focus on OLMCs with certain programs, services, calls for proposals.
  
  
• Form partnerships with other federal institutions or levels of government to offer OLMCs programs and services.
  
  

Examples of Methods Used by Federal Institutions

• The Winnipeg Regional Office of Foreign Affairs and International Trade Canada (DFAIT) provided expertise and advice on international business partnerships in support of Centrallia 2010, the first international business partnership meeting to be held in Western Canada. Centrallia 2010 was organized by the Agence nationale et internationale du Manitoba (ANIM), a non-government agency that aims to enhance relations between businesses in Manitoba and foreign Francophone businesses. Almost 5,000 individual meetings have been held and ANIM believes that its members, particularly those from OLMCs, will thus be able to benefit from major business opportunities.
  
  
• The Public Health Agency of Canada made a financial contribution to public health forms intended for French-speaking communities in Southern Ontario and Nova Scotia. These events have helped more clearly identify the needs of these communities and determine actions for improving services to Francophones. With financial assistance from Agriculture and Agri-Food Canada through the Cooperative Development Initiative, the Saint-Claude and Saint-Pierre-Jolys wind power cooperatives in Manitoba will be able to manage wind resources in their community. The funding has allowed Francophone farmers in these cooperatives to draw on a good practice established in Quebec to develop an approach adapted to Manitoba’s situation.
  
  
• The Business Development Bank of Canada supported the 2011 edition of the Case Study Competition at Collège Vanier in Montreal. This interprovincial college-level marketing competition brings together groups of Anglophone and Francophone students from 26 colleges across the country.
  
  
• The National Arts Centre supported a young emerging artist, New Brunswicker Emma Haché, through the French Theatre’s Associated Authors Program. Ms. Haché was able to work with the French Theatre’s artistic director, stage one of her works with a Francophone theatre in Moncton, write a version of Shakespeare’s The Tempest and produce her play Wolfe on the NAC’s national stage.
  
  
• Citizenship and Immigration Canada promoted Inter-Action: Canada’s Multiculturalism Grants and Contributions Program to OLMC organizations. During information sessions, the Department pointed out how the program can foster socioeconomic integration of newcomers, thereby contributing to successful immigration in minority Francophone communities. 
  
  
• Status of Women Canada worked closely with the organizing committee of the Women’s Worlds 2011 international conference to ensure that the concerns of marginalized Canadian women, particularly those living in OLMCs, are heard during the conference. SWC also granted $1 million in funding, through its Women’s Program, for the Women Build Up to the Forum project. Close to 200 women from OLMCs throughout the country took part in the international conference. 
  
  
• To familiarize Canadian readers with literature from the other official-language community, the Canada Council for the Arts organized the Translation Rights Fair in 2011. This unique event forged ties between some 70 English- and French-speaking publishers in Canada who were able to exchange information on their titles and either buy or sell translation rights, as is the practice at large international fairs.
  
  
• In 2011 the Canadian Tourism Commission (CTC) launched the Signature Experiences Collection for the international marketing of some uniquely Canadian tourism experiences in which foreigners visiting Canada may take part. Les Croisières Shediac Bay Cruises, a tourism company located in the Acadian community of Shediac Bay, in New Brunswick, as well as the Village historique acadien in Rivière-du-Nord, New Brunswick, are part of the Collection.
  
  
• Throughout the decision-making process that led to the issuing of a new licence to the Saskatchewan Communications Network, a Saskatchewan-based educational programming company, the Canadian Radio-television and Telecommunications Commission (CRTC) examined issues that raised the company’s awareness of the realities of the Francophone community in Saskatchewan and conducted an impact analysis that took into consideration this community’s needs. In its decision, the CRTC encouraged the broadcaster to continue exploring program proposals in all languages, including those that reflect and promote the culture and heritage of Saskatchewan’s Francophone community 
  
  
• As part of the Roadmap for Canada’s Linguistic Duality 2008-2013: Acting for the Future, the Canada School of Public Service worked with the Commissioner of Official Languages on the development of six videos on linguistic duality aimed at university students. These videos are meant to encourage students to continue their language training in their second official language.
  
  
• As part of the Canada-Wide Analysis of Official Language Training Needs in the Area of Justice, Justice Canada funded the new Centre canadien de français juridique. The Centre offers training activities in Canada’s 12 regions based on specific justice needs.
  
  
• The National Film Board of Canada (NFB) and Université de Moncton are development partners in a project called Parlez-vous encore français?,an interactive French-language Web site designed for French students aged 13 to 22 who live in minority communities, as well as for their parents and teachers. This project aims to enhance the students’ pride in the French language, support the development of French-language skills and curb assimilation. It also allows students to communicate with young people from other minority Francophone communities.
  

F.   ACCOUNTABILITY

[Activities through which the federal institution integrates its work on the implementation of section 41 of the OLA with the institution's planning and accountability mechanisms (e.g. report on plans and priorities, departmental performance report, departmental business plan, status report on implementation of section 41 of the OLA, etc.); internal audits and evaluations of programs and services; regular review of programs and services as well as policies by senior managers of the federal institution to ensure implementation of section 41 of the OLA.]

Expected result: Full integration of section 41 of the OLA and the OLMC perspective into the federal institution's policies, programs and services; the reporting structure, internal evaluations and policy reviews determine how to better integrate the OLMC perspective.

Impact: Thanks to the federal institutions' internal tools and mechanisms, OLMCs and the general public can observe the actions of institutions and understand their scope.

Examples of General Methods

• Develop an action plan and annual reports on results based on the guidelines created by Canadian Heritage and submit within the prescribed time.
  
  
• Apply a "section 41 lens" to departmental planning and reporting processes (report on plans and priorities, business plans, performance reports, program frameworks, strategic frameworks, etc.) to foster the integration of the "section 41 reflex" in the institution's organizational culture. 
  
  
• Apply a "section 41 lens" to internal audit and evaluation processes.
  
  
• Adopt data collection tools to report on interventions and results (surveys, consultation reports, funding application forms, etc.).
  
  
• Periodically evaluate progress and the effects of actions by the federal institution on OLMC development and on the advancement of linguistic duality, specifically at the senior management committee level.
  
  
• Make every effort to investigate all complaints regarding implementation of section 41 of the OLA, follow up on the investigation by making improvements to the federal institution's policies, programs and services and inform Canadian Heritage.
  
  

Examples of Methods Used by Federal Institutions

• Western Economic Diversification (WED) updated its “official languages lens,” a due diligence process that ensures OLMCs are not left out of project proposals developed by the Department. All WED employees received intensive lens training as well as training on the Francophone communities in their respective regions.
  
  
• At Human Resources and Skills Development Canada (HRSDC), a standard provision on official languages is now added to program terms and conditions upon program renewal. This is how two programs of particular value to OLMCs, the New Horizons for Seniors Program and the Foreign Credential Recognition Program, are among those that refer to section 41 of the OLA in their terms and conditions. 
  
  
• Service Canada developed an official languages governance structure that facilitates the implementation of section 41 of the OLA in the departmental planning and reporting processes. 
  
  
• The National Film Board of Canada developed an official-languages accountability framework to ensure that the Government Film Commissioner and Chairperson of the NFB, the official-languages champion, senior executives, managers and employees have a better understanding of their roles and responsibilities with regard to the implementation of section 41 of the OLA. 
  
  
• Fisheries and Oceans Canada adopted an official-languages accountability framework for the Department and applied a “section 41 lens” to the Department’s activities to add results indicators for section 41 of the OLA where relevant. 
  
  
• The National Arts Centre created an internal accountability mechanism to provide more accurate evaluation of initiatives to support the development of OLMCs.
  
  
• Health Canada developed evaluation tools to monitor the continued effectiveness of departmental policy to support OLMCs.
  
  
• Several federal institutions, including the National Arts Centre and Status of Women Canada, present key achievements with regard to the implementation of section 41 of the OLA in various annual reports, such as, the Report on Plans and Priorities and the Departmental Performance Report.