ARCHIVED - Chapter 2-1 - Language of Work in "Bilingual" Regions - Archived version of 1993

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Policy objective

To ensure that, in accordance with the Official Languages Act, federal institutions create conducive work environments in bilingual regions that will accommodate the effective use of both official languages.

Policy statement

English and French are the languages of work in the bilingual regions prescribed in the Official Languages Act (see list in chapter 5-1).  Federal institutions have a responsibility, in accordance with paragraph 35(1)(a) and section 36 of the Act, to ensure that in these regions, work environments are conducive to the effective use of both official languages, and accommodate their employees' right to use either official language, subject to requirements to serve the public and other employees.

Application

This policy applies to all federal institutions other than the Senate, the House of Commons and the Library of Parliament, and to any other organization when an act or another legal instrument so stipulates it.

Policy requirements

Employees of federal institutions in bilingual regions have certain rights with regard to the use of either official language as a language of work that have to be respected by the institutions or by third parties acting on behalf of these institutions.

Personal services

1.  Personal services are to be provided to employees in the official language of their choice regardless of the language requirements of their positions or duties.  They are those that concern the individual employee's health or well-being, or their personal or professional development.

Examples of personal services are:

• pay and benefits services;
• health services;
• career and personal counselling.

Central services

2.  Central services that are essential for employees to carry out their responsibilities are to be provided to them in the language of their choice, regardless of the language requirements of their positions or duties.

Examples of central services are:

• Accounting services;
• Administrative services;
• Budget and financial services;
• Data processing services;
• Evaluation and audit services;
• Legal services;
• Library and records, information/ communications services;
• Management advisory and consultation services;
• Material management services;
• Purchasing and supply services;
• Property management services;
• Security services;
• Staffing and classification services;
• Technical services;
• Translation services.

Work instruments

3.  Regularly and widely used work instruments, produced by or on behalf of a federal institution, are to be available in both official languages at the same time.

Examples of such work instruments are terminology related to the functions to be performed, documents required to provide service to the public, instruction manuals and policy documents.

4.  Regularly and widely used information technology systems, including software packages, acquired or produced by or on behalf of institutions after January 1, 1991, are to be available in either official language.

Supervision

5.  When the subordinate's position or duties require the use of:

• English, supervision is to be provided in English;
• French, supervision is to be provided in French;
• both English and French, or either/or, supervision is to be provided in the subordinate's official language of choice.

6.  Supervisors of employees who must work in both official languages, or whose language of work differs, are normally to be bilingual.  In cases where they are not bilingual, the institution is to take appropriate steps to ensure that its obligations to the employees concerned are met.

Performance appraisals

7.  Performance appraisals are to be provided in accordance with the language requirements of the subordinate's position or duties.  Employees who must work in both official languages can choose the language in which their performance appraisal is prepared.

Employees whose supervisor already supervises other employees in both official languages must be able to obtain their written appraisal in the official language of their choice.

Grievances

8.  Regardless of their location, the language requirements of their positions or duties, employees for whom Treasury Board is the employer, have the right to present a grievance in the official language of their choice.  Managers who must handle grievances have to do so in the official language in which they are presented.  It is up to other federal institutions to adopt this policy taking into account their own situation.

Meetings

9.  When employees of both linguistic groups are present in intra- or inter-departmental staff or committee meetings, these meetings are to be conducted in both official languages so that all those present can participate in the official language of their choice.  The chairperson is responsible for ensuring that all members can follow the discussions.

Professional training and development

10.  Professional training courses (related to current job) and development training (related to career enhancement) are to be made available to employees in their preferred official language.

Senior management

11.  Every federal institution is to ensure that the management group responsible for the general direction of the institution has, as a whole, the capacity to function effectively in both official languages (e.g., in approving submissions or reports, hearing presentations, commenting on proposals, conducting meetings).

Monitoring

The Treasury Board Secretariat will ensure that this policy is implemented through:

• monitoring by either the institution, the Official Languages and Employment Equity Branch, or both;
• agreements on official languages with the Treasury Board, including annual management reports;
• follow-up of the reports and special studies done by the Office of the Commissioner of Official Languages.

References

Paragraph 35(1)(a) and section 36 of the Official Languages Act

Annex B of the Treasury Board/Public Service Commission Circular 1977-46 of September 30, 1977:  Bilingual regions in Canada, i.e., prescribed regions for the purpose of paragraph 35(1)(a) and section 36 of the Act (see chapter 5-1)

Treasury Board Manual, Official Languages volume, policy on Executive Group (chapter 4-3) and on communications between regions (chapter 2-3)

Enquiries

Please direct enquiries to the person responsible for official languages in your institution.  This person may then address policy interpretation questions to the:

Official Languages and
Employment Equity Branch
Treasury Board Secretariat

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Appendix A - Guidelines on Language of Work in "Bilingual" Regions

Introduction

To increase opportunities for employees in federal institutions in bilingual regions to work in the official language of their choice, it is important to create an environment conducive to the use of both English and French as languages of work.  This involves both quantitative and qualitative factors.  Quantitatively, there needs to be a "critical mix" of employees in a work unit capable of working together in both official languages before a "conducive" environment can exist.  The mix will vary from unit to unit, depending on such factors as the size of the unit, the nature of the employees' duties, the number of employees of each language group, and their bilingual capacities and working relationships.  Qualitatively, a "conducive" environment is one that allows staff of both linguistic groups to make a maximum professional contribution in their official language of choice.  For such an environment to exist, staff of each linguistic group must not only exercise the right to work in their official language of choice but also be open and receptive toward the colleagues of the other linguistic group who are exercising the same right.

Senior management, supervisors and employees have a decisive role to play in creating and maintaining a work environment that is conducive to the use of both English and French as languages of work.

Senior management

1.  Senior management, as a group, sets the pace and tone in an institution.  Senior managers have a dual responsibility for creating work environments conducive to the use of both English and French.  As managers, they should pay particular attention to their institution's obligations and provide the necessary leadership in official languages matters.  As individuals, they should set the example by using and encouraging the use of both official languages in their day-to-day activities.  More specifically:

1.1  as managers, in addition to ensuring that the requirements of this policy are met, they should:

• inform all employees of their language-of-work rights and encourage them to exercise these rights;
• allow employees to work as much as possible in the official language of their choice and, if employees so choose, provide employees with an opportunity to improve their second official language;
• encourage supervisors, as appropriate, to become bilingual;
• provide opportunities for employees to obtain language training in their second official language;
• encourage employees to take developmental courses to acquire or maintain functional proficiency;
• ensure that text revision services are readily available to employees;
• encourage employees who must work in both languages to do as much of their written work as possible in the official language of their choice;
• involve staff in planning and achieving language-of-work goals;
• take into account, in the evaluation of supervisors at all levels, their performance with regard to their official languages responsibilities;
• encourage employees, when dealing with them, to use the official language of their choice; and
• ensure, when chairing a meeting attended by members of both official language groups, that:
  • the invitation and the agenda clearly state that the meeting will be bilingual;
  • both official languages are used from the beginning of the meeting and that the participants are invited to use the official language of their choice;
  • all participants are able to participate in the discussions, for example, either by repeating some information in both official languages or, where necessary, by providing simultaneous interpretation;
  • discussions in the language used less frequently are encouraged;
  • participants are reminded at the end of the meeting that they may prepare their follow-up documents in the official language of their choice; and
  • minutes and follow-up documents are prepared in both languages, alternately in each language, or partly in English and partly in French ensuring a fair balance of use of both languages;

When minutes or follow-up documents are regularly and widely used work instruments, these must be produced in both official languages.

1.2  as individuals, senior managers should:

• take measures to maintain and improve their own second language competence;
• encourage the use of "receptive" or "passive" bilingualism (expressing oneself in the official language of choice and understanding someone else in the other official language) where this is appropriate or sufficient for communication;
• set an example by demonstrating a positive and open attitude toward the use of both official languages in their work environment.

Supervisors

2.  Supervisors in units where employees must work in both official languages have a pivotal role to play in making their work environments conducive to the use of both official languages.  Their attitude may set the tone for the entire unit.  To encourage employees to work, insofar as possible, in the official language of their choice, supervisors should:

• make every effort to maintain and improve their own second language proficiency so that they can function effectively in either official language;
• provide opportunities for employees to work as much as possible in the language of their choice by taking into account, when assigning work, their language skills and preferences;
• communicate with employees, insofar as possible, in their official language of choice, both orally and in writing;
• make every effort to provide employees with appraisals in the official language of their choice, irrespective of how their positions or functions are identified;
• encourage employees to improve their second language skills;
• provide opportunities for employees of both language groups to work closely together in both official languages (e.g., ask an English-speaking employee and a French-speaking employee to produce a bilingual document together);
• ensure in meetings with staff that employees are encouraged to use their official language of choice; and
• ask employees to suggest innovative ways to motivate staff to maintain a work environment conducive to the use of both official languages.

Employees

3.  Employees should take the initiative to ensure that all members of the unit can use the official language of their choice as much as possible.  For example, they could:

• make a habit of using their official language of choice when addressing their superiors or bilingual colleagues — for example, during staff meetings, even if the others only have "receptive" skills in this language;
• look for opportunities to maintain or improve their second language skills, for example, by communicating with colleagues of the other linguistic group.

Written communications

Written communications within a federal institution, or between federal institutions, must reflect the equality of status of both official languages.  It is the final use of written communications that determines whether or not they should be produced in both official languages, or in one or the other alternately.

When preparing working papers, employees should be encouraged to use the official language of their choice.  When working papers are distributed for consultation or discussion, they should be in both official languages when the distribution is country-wide or in bilingual regions when the employees consulted are from both linguistic groups.  The availability of working papers in both official languages is justified when they are nearly finalized, and when the final version is intended for distribution in both languages.

Documents may be distributed in only one official language for consultation, especially when the distribution is limited, provided that the above-mentioned principle of alternations is respected.  In any case, employees should be encouraged to make comments in the official language of their choice.

Offices abroad

4.  Institutions having offices abroad where both official languages are used as languages of work should, when applying this policy, take the particular circumstances of the office into account, including the linguistic composition of their staff and the use made of English or French or both languages in the work environment.

 

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