Language rights in Canada

The Constitution Act, 1982 provides that English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. It provides for full and equal access to Parliament, to the laws of Canada and to courts established by Parliament in both official languages. Section 23 of the Canadian Charter of Rights and Freedoms guarantees the right, in Canada, to instruction in the minority official language, i.e. English in Quebec and French elsewhere in Canada. This right applies to citizens of Canada who have received their primary school instruction in English or French in Canada and want their children to enjoy the same access. The right also extends to parents whose mother tongue is the minority official language of that province. Where the number of eligible students so warrants, the provincial governments are obligated to provide educational facilities for the linguistic minority population.

The Official Languages Act (the Act) ensures the implementation of the language rights enshrined in Canada’s constitutional statutes. The Act was adopted in 1969, revised in 1988 and modernized in 2023; this modernization bill received royal assent on June 20, 2023.

The Act recognizes the specificity of the provincial and territorial language regimes and the importance of cooperation with the provincial and territorial governments. It also recognizes the importance of Indigenous languages and of not prejudicing the status or the reclamation, revitalization and strengthening of such languages.

Part IV of the Act sets out the rights and duties relating to communications with and services to the public. It states that any member of the public in Canada has the right to communicate with and receive available services from the head or central offices of federal institutions in the official language of their choice where there is significant demand for communications with and services from that office in that language. It also establishes duties involving services made available to the public by another person or organization, active offer of communications with and services to the public in both official languages, and the equal prominence of the official languages on any sign identifying the office of a federal institution. Part V of the Act affirms that English and French are the languages of work in federal institutions, and that employees have the right to use the official language of their choice in designated-bilingual regions, including the National Capital Region.

Part VII of the Act provides for the implementation of the following three commitments through the taking of positive measures by federal institutions:

• enhancing the vitality of the English and French linguistic minority communities and supporting and assisting their development, and fostering the full recognition and use of both English and French in Canadian society;
• protecting and promoting the French language, recognizing that French is in a minority situation in Canada and North America due to the predominant use of English; and
• advancing opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives.

The Official Languages Act also created the position of Commissioner of Official Languages. The duty of this independent officer of the Parliament of Canada is to take all actions and measures with a view to ensuring recognition of the status of each of the official languages and compliance with the Act in the affairs of the federal administration. To this end, the Commissioner conducts investigations and submits reports and recommendations. Where a federal institution remains in breach of its obligations under the Act, the Commissioner may enter into a compliance agreement, issue an order or (power not yet in force) impose an administrative monetary penalty.