LANG Committee Report

Clause 2

That Bill C-13, in Clause 2, be amended by replacing lines 37 to 41 on page 2 with the following:

“the importance of remedying the decline in the demographic weight of French linguistic minority communities, including by restoring and growth of their demographic weight;

AND WHEREAS the Government of Canada recognizes the importance of francophone immigration in enhancing the vitality of French linguistic minority communities, including by restoring and growth of their demographic weight;”

That Bill C-13, in Clause 2, be amended by adding after line 41 on page 2 the following:

“AND WHEREAS the Government of Canada recognizes the importance of the French language to trade and economic activity and the contribution of francophone immigration to the economy;

AND WHEREAS the Government of Canada recognizes the importance of including a francophone perspective in funding programs;”

Clause 3

That Bill C-13, in Clause 3, be amended by replacing line 34 on page 3 with the following:

“them while taking into account the fact that they have different needs;”

That Bill C-13, in Clause 3, be amended by replacing line 39 on page 3 with the following:

“inant use of English and that the goal of the Charter of the French Language is to protect, strengthen and promote that language; and”

That Bill C-13, in Clause 3, be amended by adding after line 39 on page 3 the following:

“(b.2) ensure the existence of a majority-French society in a Quebec where the future of French is assured; and”

Clause 4

That Bill C-13, in Clause 4, be amended

(a) by replacing line 2 on page 4 with the following:

“2.1 (1) The Treasury Board is responsible”

(b) by replacing lines 5 to 7 on page 4 with the following:

“(2) The Treasury Board shall, in consultation with the other federal departments, coordinate the implementation of this Act, including the”

(c) by replacing line 9 on page 4 with the following:

“tions 41(1) to (3), and ensure good governance of this Act.”

That Bill C-13, in Clause 4, be amended by

(a) replacing lines 10 and 11 on page 4 with the following:

“2.2 (1) The Minister of Canadian Heritage shall, in consultation with the President of the Treasury Board, develop”

(b) adding after line 13 on page 4 the following:

“(1.1) For greater certainty, the Minister of Canadian Heritage shall perform the duty under subsection (1) in cooperation with the other ministers of the Crown.”

Clause 6

That Bill C-13, in Clause 6, be amended by adding after line 8 on page 5 the following:

“communication means any form of communication, including oral, written, electronic, virtual or other communications; (communication)

publication means any form of publication, regardless of the medium, including printed, electronic, virtual or other publications; (publication)

service means any form of service provided or made available, including oral, written, electronic, virtual or other services. (service)”

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, 6.1% of the population outside Quebec; (rétablissement)”

That Bill C-13, in Clause 6, be amended by adding after line 8 on page 5 the following:

“employee includes an employee who is an employer representative, a person who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience, a person who has been placed by a help agency, and a contractor whose services are retained; (employé)”

Clause 7

That Bill C-13, in Clause 7, be amended by adding after line 17 on page 5 the following:

“(d) language rights are to be interpreted by taking into account that French is in a minority situation in Canada and North America due to the predominant use of English and that the English linguistic minority community in Quebec and the French linguistic minority communities in the other provinces and territories have different needs.”

New Clause 10.1

That Bill C-13 be amended by adding after line 20 on page 7 the following new clause:

“10.1 Section 14 of the Act becomes subsection 14(1) and is amended by adding the following after that subsection:

(2) The choice of either official language by a person appearing before a federal court shall not be prejudicial to that person.”

Clause 11

That Bill C-13, in Clause 11, be amended by replacing line 25 on page 7 with the following:

“(2) Subsection 16(3) of the Act is replaced by the following:

(3) The Government of Canada must, when making appointments to the federal courts, ensure that federal courts are able to meet their duty under subsection (1).

16.1 The Government of Canada must take into account the importance of equal access to justice in both official languages when appointing judges to superior courts.

16.2 (1) A person who submits an application for appointment as a judge of a superior court shall indicate their skill level in both official languages.

(2) The Office of the Commissioner for Federal Judicial Affairs shall evaluate, in respect of every candidate who indicated that they have skills in both official languages, the candidate’s ability to speak and understand clearly both official languages.

16.3 The Office of the Commissioner for Federal Judicial Affairs shall provide the necessary language training to the judges of the superior courts.”

New Clause 12.1

That Bill C-13 be amended by adding after line 12 on page 8 the following new clause:

“12.1 Subsection 23(1) of the Act is replaced by the following:

23 (1) For greater certainty, in addition to the duty set out in section 22, every federal institution that provides services or makes them available to the travelling public has the duty to ensure that any member of the travelling public can communicate with and obtain those services in either official language from any office or facility of the institution in Canada or elsewhere where there is significant demand for those services in that language.”

That Bill C-13 be amended by adding after line 12 on page 8 the following new clause:

“12.1 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:

(2) For the purpose of subsection (1), the other person or organization is presumed to provide or make available services on behalf of the federal institution if

(a) the federal institution exercises sufficient control over the other person or organization; or

(b) the other person or organization implements a program or legislative regime for which the federal institution is responsible.

(3) For greater certainty, a mere financial contribution by the Government of Canada to another person or organization is not sufficient to trigger the application of subsection (1).”

Clause 14

That Bill C-13, in Clause 14, be amended by adding after line 32 on page 8 the following:

“(2) Persons appointed by the Governor in Council to the following positions in federal institutions must, on their appointment, follow the necessary language training to be able to speak and understand clearly both official languages:

(a) deputy minister, associate deputy minister and positions of equivalent ranks.”

Clause 16

That Bill C-13, in Clause 16, be amended

(a) by replacing, in the English version, line 15 on page 9 with the following:

“(3) Paragraph 36(1)(c) of the Act is replaced”

(b) by replacing lines 17 to 23 on page 9 with the following:

“(c) ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages:

(i) managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities, and

(ii) every employee is supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position; and

(d) ensure that any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.”

Clause 21

That Bill C-13, in Clause 21, be amended by replacing lines 1 and 2 on page 11 with the following:

“21 The heading of Part VII and sections 41 and 42 of the Act are replaced by the following:

Advancement of Equality of Status and Use of English and French”

That Bill C-13, in Clause 21, be amended by replacing line 11 on page 11 with the following:

“(2) The Government of Canada, recognizing and taking into account that French”

That Bill C-13, in Clause 21, be amended by replacing line 16 on page 11 with the following:

“ing formal, non-formal and informal opportunities for members of English and French lin‐”

That Bill C-13, in Clause 21, be amended by replacing lines 20 and 21 on page 11 with the following:

“(4) The Government of Canada periodically estimates, using the necessary tools, the number of”

That Bill C-13, in Clause 21, be amended by replacing lines 30 to 32 on page 11 with the following:

“the commitments under subsections (1) to (3) are implemented by the taking of positive measures.”

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

“(iii.1) restore and increase the demographic weight of French linguistic minority communities,”

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).”

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).”

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.”

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 shall consult English or French linguistic minority communities and other stakeholders, including school boards or commissions.”

That Bill C-13, in Clause 21, be amended by replacing lines 31 to 33 on page 13 with the following:

“(2) The Minister of Foreign Affairs shall implement the commitment under subsection (1)”

Clause 22

That Bill C-13, in Clause 22, be amended by replacing line 14 on page 14 with the following:

“22 (1) The portion of subsection 43(1) of the Act before paragraph (a) is replaced by the following:

43 (1) The Minister of Canadian Heritage, in advancing the equality of status and use of English and French in Canadian society and, without restricting the generality of the foregoing, may take measures to

(1.1) Paragraphs 43(1)(b) to (g) of the Act are re-”

That Bill C-13, in Clause 22, be amended by replacing line 6 on page 15 with the following:

“and review of programs relating to the achievement of”

Clause 23

That Bill C-13, in Clause 23, be amended

(a) by replacing line 15 on page 15 with the following:

“ties in Canada, including by restoring and increasing their demographic weight.”

(b) by deleting at line 17 on page 15 the word “and” after “(a) objectives, targets and indicators;”

(c) by adding after line 17 on page 15 the following:

“(b) mechanisms for information sharing and for reporting; and”

That Bill C-13, in Clause 23, be amended by adding after line 22 on page 15 the following:

“(c) a statement that the Government of Canada recognizes the importance of francophone immigration to economic development.”

Clause 25

That Bill C-13, in Clause 25, be amended by replacing lines 26 and 27 on page 16 with the following:

“implementation of Parts IV, V and VI, subsection 41(5) and paragraph 41(7)(a.1) in all federal institutions other than the Senate,”

That Bill C-13, in Clause 25, be amended by

(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”

That Bill C-13, in Clause 25, be amended by

(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).”

Clause 26

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).”

Clause 36

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.”

Clause 38

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”

Clause 40

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.”

Clause 50

That Bill C-13, in Clause 50, be amended by

(a) replacing line 33 on page 37 with the following:

“anniversary, the Minister of Canadian Heritage shall, in consultation with the President of the Treasury Board, un-”

(b) replacing line 1 on page 38 with the following:

“(2) The Minister of Canadian Heritage shall cause a report of the review to be”

That Bill C-13, in Clause 50, be amended by adding after line 35 on page 37 the following:

“(1.1) The review undertaken under subsection (1) shall include a comprehensive analysis, over the previous ten years, of the enhancement of the vitality of the English and French linguistic minority communities and of the protection and promotion of the French language in Canada.

(1.2) The comprehensive analysis undertaken under subsection (1.1) may include any relevant

(a) indicators that are related to sectors that are essential to enhancing the vitality of English and French linguistic minority communities, including the culture, education – from early childhood to post-secondary education – health, justice, employment and immigration sectors;

(b) qualitative indicators; and

(c) quantitative indicators, including mother tongue spoken, language most often spoken at home, rate of anglicization and francization, language transfer and language of work.”

Clause 51

That Bill C-13, in Clause 51, be amended by replacing line 5 on page 38 with the following:

“51 Sections 107 and 108 of the Act are replaced by the following:

107 The persons holding the positions referred to in subsection 34(2) immediately before the coming into force of that provision shall continue in office.”

Clause 54

That Bill C-13, in Clause 54, be amended by

(a) replacing lines 21 to 23 on page 42 with the following:

“the federally regulated private business, including employment application forms, offers of employment, transfer or promotion, individual employment contracts, documents related to the conditions of employment, training documents produced for employees, notices of termination of employment, collective agreements and their schedules and”

(b) adding after line 26 on page 42 the following:

“(1.1) An employee’s right set out in paragraph (1)(b) to receive communications and documents from a federally regulated private business in French continues after the employee ceases to be employed by the business.”

That Bill C-13, in Clause 54, be amended by replacing lines 29 to 33 on page 42 with the following:

“set out in subsection (1) and that persons who were employees are able to exercise the right continued under subsection (1.1).

(2.1) When a federally regulated private business that has workplaces in Quebec publishes in a language other than French an advertisement to fill a position — including through recruitment, hiring, transfer or promotion — that is assigned to one of those workplaces, the business must also publish the advertisement in French and ensure the simultaneous publication of both linguistic versions by means that are of the same nature and that reach a target public of a proportionally comparable size.

(3) For greater certainty, the right set out in paragraph (1)(b) does not preclude communications and documents from also being in English or another language other than French but, in the case of widely distributed communications and any documents, the use of French must be at least equivalent to the use of the language other than French.

(4) The right set out in paragraph (1)(b) does not preclude the federally regulated private business from entering into an individual employment contract that is a contract of adhesion with an employee exclusively in English or another language other than French, if the business and employee so agree and the business has already provided the contract to the employee in French.

(5) The right set out in paragraph (1)(b) does not preclude the federally regulated private business from entering into an individual employment contract — other than a contract of adhesion — with an employee exclusively in English or another language other than French, if the business and employee so agree.

(6) The right set out in paragraph (1)(b) does not preclude the federally regulated private business from providing to an employee communications and documents exclusively in English or another language other than French, if the business and employee so agree, even after the employee ceases to be employed by the business.

9.1 A federally regulated private business that has workplaces in Quebec has the duty to ensure that an arbitral award that results from the arbitration of a grievance or dispute regarding the negotiation, renewal or review of a collective agreement respecting employees of the business who occupy or are assigned to positions in one of those workplaces

(a) is issued in French or, if it is issued in English or another language other than French, is translated into French without delay at the expense of the business and provided to the parties to the arbitration in both linguistic versions at the same time; and

(b) is translated into English or another language other than French as soon as feasible and at the expense of the business, if it was issued exclusively in French and a party to the arbitration requests a translation into the language other than French.

9.2 (1) A trade union that represents employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec has the right to receive communications and documents from the federally regulated private business in French.

(2) The federally regulated private business has the duty to ensure that a trade union is able to exercise the right set out in subsection (1).

(3) For greater certainty, the right set out in subsection (1) does not preclude communications and documents from also being in English or another language other than French but, in the case of widely distributed communications and any documents, the use of French must be at least equivalent to the use of the language other than French.”

That Bill C-13, in Clause 54, be amended by

(a) adding after line 13 on page 43 the following:

“(1.1) A committee established under paragraph (1)(c) by a federally regulated private business that has workplaces in Quebec must develop programs intended to generalize the use of French at all levels of the business in those workplaces, through the following:

(a) all members of the management group and employees having a good knowledge of French;

(b) an increase, if necessary, in the number of persons who have a good knowledge of French in order to ensure that it is used generally;

(c) the use of French as the language of work and of internal communications;

(d) the use of French in the working documents, work instruments and computer systems used in the business;

(e) the use of French terminology;

(f) the use of French in information technologies; and

(g) any other means that the committee considers appropriate.”

(b) adding after line 18 on page 43 the following:

“(3) For greater certainty, programs referred to in subsection (1.1) do not preclude communications and documents from also being in English or another language other than French but, in the case of widely distributed communications and any documents, the use of French must be at least equivalent to the use of the language other than French.”

That Bill C-13, in Clause 54, be amended by

(a) replacing lines 22 to 25 on page 43 with the following:

“those workplaces for any of the following reasons:

(a) the employee speaks only French;

(b) the employee does not have a sufficient knowledge of a language other than French;

(c) the employee claims the possibility of expressing themselves in French;

(d) the employee has exercised a right under this Act or made a complaint to the Commissioner;

(e) the business is seeking to deter the employee from exercising such a right or making such a complaint;

(f) the employee has taken part in meetings of, or carried out tasks for, a committee established under paragraph 10(1)(c) or a subcommittee created by such a committee;

(g) the employee has, in good faith, communicated information to the Commissioner in relation to a complaint made under section 18 or participated in an investigation conducted as a result of such a communication; or

(h) the business is seeking to induce the employee to endorse a document prepared by a committee established under paragraph 10(1)(c) or to dissuade the employee from doing so.”

(b) replacing line 38 on page 43 with the following:

“the employee and the business sets out the reasons that justify the requirement in any advertisement to fill a position that requires such knowledge.

(4) For the purposes of subsection (3), in order to demonstrate that a knowledge of a language other than French is objectively required by reason of the nature of the work to be performed by the employee, a federally regulated private business must, before requiring such knowledge, at a minimum,

(a) assess the actual language needs associated with the work to be performed;

(b) verify that the language knowledge already required of other employees is not sufficient for the performance of that work; and

(c) restrict the number of positions involving work whose performance requires knowledge of a language other than French.

(5) Subsection (4) is not to be interpreted as imposing an unreasonable reorganization of a federally regulated private business’s affairs.

(6) A federally regulated private business that has workplaces in Quebec must take all reasonable measures to prevent, in the work environment, the adverse treatment of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection.

(7) If a federally regulated private business that has workplaces in Quebec is made aware of the adverse treatment, in the work environment, of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection, it must take all reasonable measures to make the adverse treatment cease.

(8) For the purposes of this section, “adverse treatment” includes dismissing, laying off, demoting, transferring or suspending an employee, harassing them or taking reprisals against them or disciplining or imposing any other penalty on them.”

That Bill C-13, in Clause 54, be amended by adding after line 9 on page 46 the following:

“(1.1) A person who was an employee referred to in section 9 may make a complaint to the Commissioner if the person believes that the federally regulated private business that employed them has failed to comply with subsection 9(2) in relation to the right continued under subsection 9(1.1).

(1.2) A person who has a demonstrable interest in a position referred to in subsection 9(2.1) may make a complaint to the Commissioner if the person believes that a federally regulated private business has failed to comply with that subsection in respect of the position.”

That Bill C-13, in Clause 54, be amended by

(a) replacing line 12 on page 46 with the following:

“(a) the day on which the complainant became aware of”

(b) replacing line 15 on page 46 with the following:

“(b) the day on which the complainant ought, in the Com-”

(c) replacing, in the French version, line 19 on page 46 with the following:

“a) dans le cas où il est convaincu que le plaignant a dé-”

(d) replacing line 29 on page 46 with the following:

“made under subsection 18(1), (1.1) or (1.2) as if the federally regulated”

(e) replacing line 6 on page 48 with the following:

“complainant, refer a complaint made under subsection 18(1) to”

Clause 57

That Bill C-13, in Clause 57, be amended by

(a) replacing line 1 on page 58 with the following:

“57 (1) The portion of subsection 9(1) of the Act be-”

(b) adding after line 6 on page 58 the following:

“(2) Subsection 9(2.1) of the Act is replaced by the following:

(2.1) When a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence publishes in a language other than French an advertisement to fill a position — including through recruitment, hiring, transfer or promotion — that is assigned to one of those workplaces, the business must also publish the advertisement in French and ensure the simultaneous publication of both linguistic versions by means that are of the same nature and that reach a target public of a proportionally comparable size.”

New Clause 57.1

That Bill C-13 be amended by adding after line 6 on page 58 the following:

“57.1 Subsection 9.2(1) of the Act is replaced by the following:

9.2 (1) A trade union that represents employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence has the right to receive communications and documents from the federally regulated private business in French.”

Clause 58

That Bill C-13, in Clause 58, be amended by

(a) replacing line 7 on page 58 with the following:

“58 (1) The portion of subsection 10(1) of the Act be-”

(b) adding after line 13 on page 58 the following:

“(2) The portion of subsection 10(1.1) of the Act before paragraph (a) is replaced by the following:

(1.1) A committee established under paragraph (1)(c) by a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must develop programs intended to generalize the use of French at all levels of the business in those workplaces, through the following:”

Clause 59

That Bill C-13, in Clause 59, be amended by

(a) replacing line 14 on page 58 with the following:

“59 (1) The portion of subsection 11(1) of the Act before paragraph (a) is replaced by”

(b) replacing lines 20 to 25 on page 58 with the following:

“workplaces for any of the following reasons:

(2) Subsection 11(3) of the Act is replaced by the following:”

(c) adding after line 32 on page 58 the following:

“(3) Requiring an employee to have a knowledge of a language other than French does not constitute adverse treatment for the purposes of subsection (1) if the federally regulated private business is able to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee and, in the case of a business that has workplaces in Quebec, the business sets out the reasons that justify the requirement in any advertisement to fill a position assigned to one of those workplaces that requires such knowledge.

(3) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:

(4) For the purposes of subsection (3), a federally regulated private business that has workplaces in Quebec, before requiring knowledge of a language other than French of an employee who occupies or is assigned to one of those workplaces, must, in order to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee, at a minimum,

(4) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:

(4) For the purposes of subsection (3), in order to demonstrate that a knowledge of a language other than French is objectively required by reason of the nature of the work to be performed by the employee, a federally regulated private business must, before requiring such knowledge, at a minimum,

(5) Subsections 11(6) and (7) of the Act are replaced by the following:

(6) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take all reasonable measures to prevent, in the work environment, the adverse treatment of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection.

(7) If a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence is made aware of the adverse treatment, in the work environment, of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection, it must take all reasonable measures to make the adverse treatment cease.”

Clause 71

That Bill C-13, in Clause 71, be amended by replacing line 34 on page 63 with the following:

“(3) Subsections 36(2) to (4), section 37, subsection 38(2),”

That Bill C-13, in Clause 71, be amended by

(a) replacing line 3 on page 64 with the following:

“(5) Sections 55 to 57.1, subsections 58(1) and 59(1) to (3) and (5) and sections 60 to 63 come into force on the sec-”

(b) adding after line 5 on page 64 the following:

“(6) Subsection 58(2) comes into force on a day to be fixed by order of the Governor in Council.

(7) Subsection 59(4) comes into force on a day to be fixed by order of the Governor in Council.”