This policy comes into effect on April 1, 2004, and replaces the following policies:
The language requirements of positions or functions are determined objectively. They reflect the duties of
employees or their work units as well as the obligations related to service to the public and language of work in the Official
Languages Act (OLA). The positions or functions of executives at the assistant deputy minister level or equivalent
are designated as bilingual at a superior level of proficiency throughout Canada. Positions or functions at other
executive levels in regions designated as
bilingual for language-of-work purposes are also designated as bilingual under the terms of this policy.
A position or function designated as bilingual is filled by a candidate who meets the language requirements of that
position. In exceptional cases, a position or function may be filled by an employee who does not possess the required
language skills. The institution then provides language training to allow the candidate to acquire
these skills and takes measures to ensure that the bilingual functions of the position are carried out in the interim.
Institutions ensure that English- and French-speaking Canadians have equal opportunities for employment and
advancement while respecting the merit principle. They use recruitment strategies that ensure equitable participation
of both official language communities.
This policy applies to all institutions subject to Parts IV, V and VI as well as section 91 of the OLA with the
exception of the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer
and the Office of the Ethics Commissioner.
The institutions in question must also apply the following directives:
Deputy heads are accountable for implementing this policy in their institutions.
Identification of language requirements
Step 1: Determine official languages obligations
The institution determines the obligations related to service to the public and language of work (Parts IV and
V of the OLA and the Official Languages
(Communications with and Services to the Public) Regulations) that apply to its operations.
Step 2: Determine the language requirements of positions or functions
The institution determines the language requirements of positions or functions in order to meet its official
languages obligations.
Managers review the language requirements of positions or functions when staffing or when positions or functions
change significantly in order to ensure that the requirements still reflect the obligations of the institution.
If changes are made in the language requirements of a position or function, the incumbent is informed in writing as
soon as possible. The institution tries to ensure that changes are consistent with the incumbent's terms and
conditions of employment.
Step 3: Determine the levels of proficiency required in both official languages
For any position or functions that have been identified as bilingual, the manager determines the language
proficiency levels required to fully meet their obligations.
The position or functions of an executive at the assistant deputy minister level or equivalent are designated as
bilingual at a superior level of proficiency throughout Canada.
For executives, a superior level of bilingual proficiency is required so that they can carry out their duties and
fulfil their obligation to create a work environment conducive to the effective use of both official languages in regions
designated as bilingual for language-of-work purposes, if the position or functions include one or more of the
following:
- supervision of employees occupying bilingual positions or
positions with differing language requirements;
- participation as a regular member in the institution's
management team;
- a significant role in exercising the institution's authority to
direct, or to provide services to, other federal institutions;
- significant functions related to representing the institution to
the public or employees of the institution;
- a significant role in the co-ordination of programs or
activities of employees in regions designated as bilingual for language‑of‑work purposes.
Staffing of bilingual positions
In the following cases, bilingual positions are filled by candidates who meet the language requirements of the
position:
- when the position is for a specified period;
- when the position requires technical or specialized language
skills;
- when the position or function is indispensable
for providing services to the public or to employees in both official languages.
In exceptional cases, a position or function may be filled by a candidate who does not possess the required
language skills. The institution then provides language training to allow the employee to acquire these skills, before
assuming the duties of the position, or if not, as soon as possible. The institution takes appropriate administrative
measures to ensure that the bilingual functions of the position are carried out in the interim.
Language training
Institutions provide language training to incumbents of bilingual positions who need to acquire the skills in order
to meet the language requirements of their positions. Employees who receive language training for this purpose commit
themselves to achieving the required level of proficiency as soon as possible.
Institutions provide language training to employees who wish to develop their second‑language skills in order
to advance their careers and possibly fill bilingual positions in the future. Conditions for such training are
negotiated between employee and manager, taking into consideration the respective needs of the employee and the
institution, as well as the available resources.
Institutions are responsible for maintaining sufficient language capacity to continue to meet their linguistic
obligations with respect to service to the public and language of work. To this end, institutions provide conditions
of work conducive to the use and development of the second‑language skills of employees returning from language
training and provide them with reasonable assistance in this regard. Employees who have received language training
make a personal commitment to maintain and use their achieved proficiency.
Institutions take necessary steps to accommodate anyone with a disability or an identified
learning disability that may hinder learning the other official language.
Equitable participation of both official language communities
Taking into account their mandate, public, and the locations of their offices, institutions ensure that:
- the method used to select employees is based on merit;
- English- and French-speaking Canadians have equal opportunities
for employment and advancement while respecting the merit principle;
- recruitment measures are in place to
ensure equitable participation by both official language communities;
- their workforce tends to reflect the presence in Canada of the
two official language communities.
The Public Service Human Resources Management Agency of Canada (PSHRMAC) is responsible for determining the
method for assessing performance and monitoring implementation of this policy in institutions.
Each institution is responsible for keeping its records and information systems up to date and assessing results
in order to report on them to PSHRMAC on request. At a minimum, the institution uses the following indicators to
assess its situation:
- percentage of employees meeting the language requirements of
their positions;
- time elapsed between the appointment and the start of language
training when a candidate is appointed to a position for which he or she does not meet the language requirements;
- number of employees who have taken language training to meet the
language requirements of their positions and :
- have achieved the required level of second-language proficiency
- have not achieved the required level of second-language proficiency;
- number of hours of language training taken:
- further to staffing actions
- for career development;
- costs associated with language training;
- ratio of positions identified as bilingual and those identified
as requiring superior language proficiency, in the following categories:
- positions providing service to the public
- positions providing personal and central services
- supervisory positions;
- effectiveness of the administrative measures taken to ensure
that the bilingual functions of positions are being carried out if the incumbent is not bilingual.
When assessment of the results reveals that the policy has not been respected, the institution reports the
situation to PSHRMAC and takes appropriate corrective action.
For more information, please contact the person
responsiblefor official languages in your institution.
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