What English-language rights do I have in Canadian employment law?
The English-language employment rights you have depend on whether you work in a sector regulated by either the provincial or federal government.
Types of Federally regulated Jobs
Generally, Canada’s Constitution grants the provinces the power to regulate most job sectors. However, the federal government exercises control over certain types of employers, including:
Banks (TD Canada Trust, Bank of Montreal, Royal Bank of Canada, etc.);
The Postal Service (Canada Post);
Telephone, Radio, and Television Companies (Bell Canada, Rogers Communications, Telus, Astral Media, etc.);
Crown Corporations (CBC/Radio-Canada, National Gallery of Canada, Royal Canadian Mint, etc.);
Interprovincial and International Transport Companies (VIA Rail Canada Inc., Air Canada, trucking and maritime transport companies, airports, etc.); and
Federal Government Departments and Institutions (Canada Revenue Agency, Employment and Social Development Canada, Health Canada, Office of the Commissioner of Official Languages, etc.).
Workers employed with any of these six job sectors are regulated by federal law. However, it is also possible that provincial laws may sometimes apply to federally regulated employees.
English-Language Rights for Federally Regulated Jobs
For federally regulated job sectors like those mentioned above, Canada’s Official Languages Act (OLA) sets out the rights of employees and obligations of employers to conduct their professional duties in both of the country’s official languages, French and English.
To best accommodate workplace bilingualism, employers bound by the OLA must make available to all employees, in both French and English:
To best accommodate workplace bilingualism, employers bound by the OLA must make available to all employees, in both French and English:
Services and work materials (handbooks, manuals, etc.) needed by the employee to do their job; and
Automated systems for processing and communicating work-related information and data (such as Microsoft Office, Outlook, and other softwares required in the course of an employee’s job).
Automated systems for processing and communicating work-related information and data (such as Microsoft Office, Outlook, and other softwares required in the course of an employee’s job).
Furthermore, an employee working in any of the six federally regulated job sectors mentioned above, in either a managerial or supervisory position over other employees, must be able to function in both French and English.
NOTE: The federal government is working to pass Bill C-13, new legislation that would make several changes to the OLA and create strict language rules for federally regulated private businesses. The bill would:
Affirm Bill 101’s declaration that French is the only official language of Quebec;
Give French-speakers the right to work in French in private federally regulated companies within Quebec and other communities across Canada with a “strong francophone presence”;
Give consumers the right to receive service from federally regulated businesses in French; and
Prohibit businessowners from requiring employees to have English-language skills, unless they can prove those skills are necessary to do the job.
Give French-speakers the right to work in French in private federally regulated companies within Quebec and other communities across Canada with a “strong francophone presence”;
Give consumers the right to receive service from federally regulated businesses in French; and
Prohibit businessowners from requiring employees to have English-language skills, unless they can prove those skills are necessary to do the job.
Aside from the risk for English-speaking consumers in Quebec, the new law could make it harder for English-speaking employees in Quebec to exercise their official-language rights in their federally regulated workplaces.
Even though the OLA’s purpose is to promote both French and English across Canada, Bill C-13’s changes could undo the long-held protection of workplace bilingualism in federal institutions in Quebec.
More information will be provided as new developments emerge.
Can my employer fire me, demote me, or refuse to hire me if I am not fluent in French?
Generally, the answer here depends on whether French is needed to do the job. At the federal level, some jobs may require French-language skills, while others may not. In Quebec, however, many federally regulated jobs will likely require a functional level of French-language skills.
Whether French-language skills are needed to do the job will often be clear when you apply for the particular position.
Whether French-language skills are needed to do the job will often be clear when you apply for the particular position.
For example, if you are applying for a job with the federal government, the application may include information on the level of reading, writing, and speaking skills you will need in either French or English to do the job.
The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act (CHRA) both protect you against ethnicity-based discrimination while working in a federally regulated job.
Language-based discrimination is not directly included in the Canadian Charter or the CHRA. However, discrimination on the basis of linguistic identity can still be considered a violation of your Charter rights.
If you believe you are the victim of such discrimination, you may file an online complaint with the Canadian Human Rights Commission.
What can I do if I am being harassed at work because I am an English-speaker?
There are several options available if you believe you are the victim of workplace harassment because of language or another reason.
The Canadian Human Rights Act prohibits harassment of any employee.
According to the Canada Labour Code, harassment means any action, conduct or comment, including of a sexual nature, that can offend, humiliate, or cause other physical or psychological damage to an employee.
Your employer must take reasonable actions to prevent harassment (like having a harassment and violence prevention policy), and to resolve any occurrences of harassment that may occur in their workplaces.
If you believe you have been the victim of harassment, then you must file a complaint, known as a “notice of occurrence”, with your employer.
The Canadian Human Rights Act prohibits harassment of any employee.
According to the Canada Labour Code, harassment means any action, conduct or comment, including of a sexual nature, that can offend, humiliate, or cause other physical or psychological damage to an employee.
Your employer must take reasonable actions to prevent harassment (like having a harassment and violence prevention policy), and to resolve any occurrences of harassment that may occur in their workplaces.
If you believe you have been the victim of harassment, then you must file a complaint, known as a “notice of occurrence”, with your employer.
Information for employers on how to process, investigate and resolve such complaints can be found on the Government of Canada’s website.
