This HillStudy presents a non-exhaustive overview of the language regimes in place in the provinces and territories, and it briefly describes the main features of each one.
In Canada, jurisdiction over language is shared between the various levels of government. The federal government has adopted a bilingual language regime in which the two official languages are English and French. Although it has established its own support measures, it relies on the provinces and territories to help ensure that the two official languages are recognized across the country. In addition, efforts are being made by the federal, provincial, territorial and Indigenous governments to support Indigenous languages, which are not recognized as official languages, except in the Northwest Territories and Nunavut.
Each province and territory has its own language regime. This language regime is established through various official documents, including the Constitution, legislation, regulations, policies and strategic plans. It may apply to different areas, like the offer of government services, the adoption of legislation, justice, education and municipal services, to name a few.
Over the years, numerous efforts have been made across Canada to promote the recognition of English and French and to improve the offer of service to the public in both languages. In addition, a growing number of provincial and territorial initiatives are in place to enhance the vitality and support the development of official language minority communities. Moreover, a number of provincial and territorial governments have updated their legislative, regulatory and policy instruments to adapt to the evolving language needs of their respective populations. Nonetheless, depending on where they live, Canadians experience significant gaps in the types of service they can receive in the official language of their choice.
The various language regimes in place across Canada enhance each other and they are constantly required to change, as seen in the recent legislative updates made in Ontario, Quebec, New Brunswick, Nova Scotia and the Northwest Territories, the review of Nunavut legislation that is currently underway and the adoption of the first ever policy on French language services in British Columbia.
Intergovernmental collaboration has also ramped up. In fact, various partnership mechanisms at the regional, national and international levels aim to improve the offer of service in English and in French.
In June 2023, Parliament modernized the federal Official Languages Act by adopting An Act for the Substantive Equality of Canada’s Official Languages. The federal language regime now emphasizes the importance of cooperation among the various levels of government and recognizes that the diversity of language regimes helps achieve substantive equality between English and French in Canada. As well, the Government of Canada acknowledges that its official languages legislation does not infringe on Indigenous language rights and that it does not stand in the way of revitalizing these languages.
In recent years, Indigenous peoples across Canada have taken part in initiatives to revitalize their languages affected by assimilation policies. The federal government has recognized the importance of reclaiming, revitalizing, maintaining and strengthening Indigenous languages through Canada’s Indigenous Languages Act, which was passed in 2019. Although the Act facilitates the exercise of their Indigenous language rights, Indigenous peoples are also critical of the legislation. In some cases, provincial, territorial and Indigenous governments have also taken action to support the efforts of Indigenous peoples in this regard.
Read the full text of the HillStudy: Language Regimes in the Provinces and Territories
By Marie-Ève Hudon, Library of Parliament
Categories: Education, language and training, Executive summary, Law, justice and rights