Bill C-91, An Act respecting Indigenous languages (short title: Indigenous Languages Act), was introduced in the House of Commons on 5 February 2019 by the Minister of Canadian Heritage and Multiculturalism.
Bill C-91 enacts the Indigenous Languages Act, which recognizes Indigenous language rights as Aboriginal rights protected under section 35 of the Constitution Act, 1982. The bill enables the Minister of Canadian Heritage (the Minister) to enter into agreements with provincial and territorial governments, Indigenous governments or other Indigenous governing bodies, and Indigenous organizations with respect to Indigenous languages. It further establishes the discretionary authority of federal institutions to provide interpretation services and translation in Indigenous languages in relation to their activities and documents under their control. The bill also establishes an Office of the Commissioner of Indigenous Languages (the Office) with a mandate to help promote Indigenous languages; to support Indigenous efforts to “reclaim, revitalize, maintain and strengthen Indigenous languages”; to facilitate the resolution of disputes and review complaints; and to promote public awareness and understanding of the diversity and richness of Indigenous languages, among other matters.
Bill C-91 follows a December 2016 announcement by the Prime Minister indicating that the federal government would co-develop legislation with Indigenous peoples to protect, preserve and revitalize Indigenous languages. In June 2017, the Department of Canadian Heritage agreed on a collaborative engagement process with three national Indigenous organizations: the Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK) and the Métis National Council.
The bill was referred to the House of Commons Standing Committee on Canadian Heritage (CHPC) on 20 February 2019. On 28 February 2019, a motion adopted in the Senate authorized the Standing Senate Committee on Aboriginal Peoples (APPA) to pre-study the subject matter of Bill C-91.
On 1 April 2019, CHPC reported the bill with amendments, and the House of Commons concurred in that report on 2 May 2019. On 30 April 2019, APPA tabled its report on the subject matter of the bill.
On 27 May 2019, the bill received second reading in the Senate and was referred to APPA. On 13 June 2019, APPA reported the bill with amendments. That same day, the report was concurred in by the Senate, the amended bill was passed, and a message was sent to the House of Commons. The House of Commons considered the Senate amendments and sent a message back to the Senate on 19 June 2019. Some amendments passed by the Senate were rejected by the House of Commons.
On 20 June 2019, the Senate concurred in the House of Commons amendments and did not insist on the Senate amendments with which the House of Commons disagreed. The amendments adopted by both chambers are reflected below.
Key amendments made by CHPC relate to the purpose of the bill, the Governor in Council’s regulation-making powers, the appointment of the Commissioner of Indigenous Languages and directors, research and studies undertaken by the Office and independent and parliamentary reviews of the Indigenous Languages Act. APPA’s amendments to the bill include the requirement for the Office to consult and coordinate with the Indigenous, provincial or territorial entities where appropriate; and permitting federal institutions to deliver programs and services in an Indigenous language in areas where the number of speakers warrant.
The bill received Royal Assent on 21 June 2019.