Substantive equality in Canada — Toward ambitious Part VII regulations: Senators Surette and Poirier
Tags
On June 16, the Standing Senate Committee on Official Languages tabled a report entitled Making Substantive Equality a Reality: Toward Comprehensive, Robust and Ambitious Part VII Regulations that highlights shortcomings in the regulatory proposal put forward by the federal government. A clear consensus emerged from the testimony: in their current form, the draft regulations do not meet the objectives and commitments set out in Part VII of the Official Languages Act (the Act).
Part VII of the Act is central to implementing certain constitutional principles that are the very essence of our Canadian identity — namely, the equality of status and use of English and French, as well as the protection of minority communities. It sets out the government’s commitment to promoting both official languages in Canadian society, along with its obligation to take positive measures to enhance the development and vitality of official language minority communities in Canada.
As such, this part of the Official Languages Act is particularly important for these communities. It encourages, among other things, the federal government to invest in sectors that are essential to the vitality of these communities, such as education, health, and the arts and culture.
The Part VII draft regulations (advancing the equality of status and use of English and French) seek to clarify how federal institutions must act to meet their obligations.
Unfortunately, organizations representing official language minority communities did not find in the proposed draft regulations the robust tool they had envisioned to support the vitality of those communities. Organizations that promote linguistic duality, as well as academic and legal experts and the Office of the Commissioner of Official Languages, likewise expressed disappointment. Although the phrase “advancing the equality of status and use of English and French” appears in the very title of the draft regulations, the witnesses who appeared before us did not view them as embodying substantive equality or as an opportunity to achieve concrete results in this regard.
The objective of establishing regulations that would clarify and define concepts that remain ambiguous in the Act — such as “positive measures” — is not new. Indeed, when Part VII was amended in 2005, the possibility of adopting regulations to clarify how it should be implemented was introduced into the Act, on the recommendation of the Senate. In June 2019, the Senate Committee tabled its final report on the modernization of the Official Languages Act and recommended that regulations be adopted based on a broad interpretation of the Act’s obligations and to ensure that the positive measures taken by all federal institutions follow common principles.
Drawing on extensive testimony and proposals put forward by the 48 witnesses and the 19 letters and briefs received, the Senate Committee proposes 17 recommendations aimed at revising and improving the regulatory framework so that it meets expectations and leads to concrete, robust and ambitious results.
To this end, the regulations should use clear and precise language and require federal institutions to develop action plans — including performance indicators — for implementing their obligations. Moreover, an “official languages lens” should be systematically applied when reviewing all policies, programs and initiatives of federal institutions. The draft regulations must also clarify how analyses can be informed by effective consultation mechanisms.
The Senate Committee’s recommendations provide the government with the necessary tools to revise the draft regulations to ensure they deliver concrete, measurable results that uphold the commitments set out in Part VII of the Act.
Finally, achieving substantive equality requires the rigorous implementation of the commitments set out in Part VII, such as the promotion of both official languages and the development of official language minority communities. Such actions not only contribute to the vitality of these communities, but also benefit the country as a whole. Building a strong and united Canada is achieved by respecting and upholding the shared value of linguistic duality.
Senator Allister Surette represents Nova Scotia and serves as chair of the Standing Senate Committee on Official Languages.
Senator Rose-May Poirier represents New Brunswick and serves as deputy chair of Standing Senate Committee on Official Languages.
This article was published in Francopresse on June 25, 2026 (in French only).
On June 16, the Standing Senate Committee on Official Languages tabled a report entitled Making Substantive Equality a Reality: Toward Comprehensive, Robust and Ambitious Part VII Regulations that highlights shortcomings in the regulatory proposal put forward by the federal government. A clear consensus emerged from the testimony: in their current form, the draft regulations do not meet the objectives and commitments set out in Part VII of the Official Languages Act (the Act).
Part VII of the Act is central to implementing certain constitutional principles that are the very essence of our Canadian identity — namely, the equality of status and use of English and French, as well as the protection of minority communities. It sets out the government’s commitment to promoting both official languages in Canadian society, along with its obligation to take positive measures to enhance the development and vitality of official language minority communities in Canada.
As such, this part of the Official Languages Act is particularly important for these communities. It encourages, among other things, the federal government to invest in sectors that are essential to the vitality of these communities, such as education, health, and the arts and culture.
The Part VII draft regulations (advancing the equality of status and use of English and French) seek to clarify how federal institutions must act to meet their obligations.
Unfortunately, organizations representing official language minority communities did not find in the proposed draft regulations the robust tool they had envisioned to support the vitality of those communities. Organizations that promote linguistic duality, as well as academic and legal experts and the Office of the Commissioner of Official Languages, likewise expressed disappointment. Although the phrase “advancing the equality of status and use of English and French” appears in the very title of the draft regulations, the witnesses who appeared before us did not view them as embodying substantive equality or as an opportunity to achieve concrete results in this regard.
The objective of establishing regulations that would clarify and define concepts that remain ambiguous in the Act — such as “positive measures” — is not new. Indeed, when Part VII was amended in 2005, the possibility of adopting regulations to clarify how it should be implemented was introduced into the Act, on the recommendation of the Senate. In June 2019, the Senate Committee tabled its final report on the modernization of the Official Languages Act and recommended that regulations be adopted based on a broad interpretation of the Act’s obligations and to ensure that the positive measures taken by all federal institutions follow common principles.
Drawing on extensive testimony and proposals put forward by the 48 witnesses and the 19 letters and briefs received, the Senate Committee proposes 17 recommendations aimed at revising and improving the regulatory framework so that it meets expectations and leads to concrete, robust and ambitious results.
To this end, the regulations should use clear and precise language and require federal institutions to develop action plans — including performance indicators — for implementing their obligations. Moreover, an “official languages lens” should be systematically applied when reviewing all policies, programs and initiatives of federal institutions. The draft regulations must also clarify how analyses can be informed by effective consultation mechanisms.
The Senate Committee’s recommendations provide the government with the necessary tools to revise the draft regulations to ensure they deliver concrete, measurable results that uphold the commitments set out in Part VII of the Act.
Finally, achieving substantive equality requires the rigorous implementation of the commitments set out in Part VII, such as the promotion of both official languages and the development of official language minority communities. Such actions not only contribute to the vitality of these communities, but also benefit the country as a whole. Building a strong and united Canada is achieved by respecting and upholding the shared value of linguistic duality.
Senator Allister Surette represents Nova Scotia and serves as chair of the Standing Senate Committee on Official Languages.
Senator Rose-May Poirier represents New Brunswick and serves as deputy chair of Standing Senate Committee on Official Languages.
This article was published in Francopresse on June 25, 2026 (in French only).