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1983 Report of the Auditor General of Canada

Synopsis

6.1 Commissioner's mandate. The Commissioner, who is an officer of Parliament, has the objectives of ensuring that the public can communicate with and obtain services from federal departments and agencies in both official languages, that federal employees can work in the official language of their choice, and that the two official language groups participate equitably in the public service of Canada. These objectives were set by legislation and by a 1973 Parliamentary Resolution clarifying the legislation's intent with respect to federal employees' rights concerning language of work.

6.2 To achieve these objectives, the Commissioner has increased his activities. In the early 1970s, his roles were those of linguistic ombudsman and linguistic auditor of federal institutions; over the years he has broadened his field of action by taking on the role of promoter of language reform, even in areas not strictly within federal jurisdiction. The very broad and general nature of the mandate and the increase in the Commissioner's activities resulted in overlapping responsibilities with other federal agencies concerned with the official languages issue. Some duplication of activities is inevitable if the Commissioner is to maintain his independence in regard to these agencies; however, it is desirable to ensure that this duplication is minimized as far as possible under the circumstances.

6.3 Organization. The Official Languages Act, passed in 1969, established the position of Commissioner and set out the following duties:

It is the duty of the Commissioner to take all actions and measures within his authority with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of the institutions of the Parliament and Government of Canada.
6.4 To carry out this mandate, the Commissioner has divided his activities among four operational branches, assisted by three support services. Exhibit 6.1 sets out this organization. The distribution of expenditures and person-years among the programs of the Office of the Commissioner of Official Languages (OCOL) is shown in Exhibit 6.2. The OCOL had 133 person-years and a budget of $7.8 million for the 1982-83 fiscal year. This represents 1.7 per cent of the estimated $453 million earmarked for federal official languages programs, as summarized in Exhibit 6.3. The three major operational sectors are Complaints and Audits, Information, and Policy Analysis and Liaison.

Exhibits not available

6.5 Complaints and Audits Program. The two Complaints and Audits Branches assist the Commissioner in his duties as ombudsman and linguistic auditor. Since 1970, the OCOL has investigated nearly 13,600 complaints. In a high percentage of cases, these complaints have been resolved. However, there has been no systematic analysis of the nature and complexity of complaints to assess any changes in their nature, the effects of this program and the adequacy of the resources devoted to it.

6.6 In 1982, the two branches undertook 22 linguistic audits in the federal government to provide senior officials of the entities concerned with information on weaknesses in the area of official languages and the corrective action required. They also carried out brief studies in more than 90 federal government entities. The findings are described in the Commissioner's Annual Report. The audit activity is an important part of the active strategy established by the Commissioner. The OCOL, however, has not standardized its procedures for linguistic audits by providing an audit manual. Such a manual would be useful both for training new officers and promoting uniformity in the audit approach. The OCOL has not developed valid indicators for evaluating the effectiveness of its audits, including the extent to which its recommendations have been followed.

6.7 Information Program. The Commissioner's objective is to make the Canadian public aware of Canada's linguistic situation and to provide information on the provisions and spirit of the Official Languages Act. To achieve this, he has established a program directed to certain segments of the population. The Information Branch provides printed and audio-visual material to federal employees, language minorities and the Canadian public in general. In the past four years, an average of 69 per cent of the Information program's expenditure has been aimed at young people between the ages of 7 and 17. The OCOL's statistics show that nearly three million language kits have been distributed across Canada since 1975. The design, production and distribution costs for the kits during that time came to a total of approximately $7 million. Although the demand for the kits proves that they have been received favourably by the public, no systematic study has been conducted of the market for these and other information tools or of possible alternative ways of reaching that market.

6.8 Policy Analysis and Liaison Program. Under this program, two major services are provided involving quite different activities. Policy Analysis provides the Commissioner with analysis and advice on bilingualism matters and contributes to the Annual Report and other OCOL documents. This division undertakes research and analytical projects in response to requests from the Commissioner and his senior officials. Given the relatively small size of the sector and the nature of its operations, the limited planning that is done appears to meet operational needs.

6.9 Liaison is carried out by the five regional offices. The primary objective set for these offices by the Commissioner is to promote official languages and language reform through continued efforts by OCOL representatives across Canada. Analysis of the geographic distribution of official languages minority groups in Canada shows that the regional offices are appropriately located. However, the regional offices have not been staffed systematically in accordance with the requirements for each region.

6.10 Program evaluation. The OCOL has conducted program evaluations of the three language kits it has produced, and an evaluation of the magazine Languages and Society is in progress. The completed evaluations have been used to improve the content of the kits and to support a request to continue the activity. However, the scope of these studies was limited and did not include consideration of the rationale for the activity and the contribution it makes to achieving the Commissioner's ultimate objectives or assess alternative ways of achieving these goals.

6.11 The OCOL has not established any systematic procedures or plans for evaluating its programs. All the program evaluations thus far have focused on information activities, and other areas have not been evaluated or scheduled for evaluation.

6.12 Information systems. Financial information from the Department of Supply and Services - Services Administration and the OCOL's microcomputer provided adequate support for financial control by management. However, the OCOL has no system for providing information on the utilization of its human resources and no standards to which actual use could be compared when reasonable to do so. As a result, managers lack the information they need to properly evaluate employees' performance and the efficiency with which OCOL activities are being carried out.

6.13 Information to Parliament. The Commissioner keeps Parliament well informed about his activities, not only through the Main and Supplementary Estimates, but also through the Annual Report. This report, submitted to the House of Commons and the Senate, describes the OCOL's activities and accomplishments and summarizes the linguistic situation in federal institutions.

6.14 The OCOL's participation in the work of the Special Joint Committee of the Senate and the House of Commons on Official Languages also helps keep Parliament informed. The Committee, which has been active since autumn 1980, has proved to be an important link between the OCOL and Parliament.

Audit Scope

6.15 In March 1982, the Commissioner of Official Languages requested that the Auditor General conduct a comprehensive audit of the OCOL. We examined the systems and procedures in place in the operational programs - Complaints and Audits, Information, and Policy Analysis and Liaison. Our audit was designed to determine whether the OCOL was taking economy and efficiency into account in managing its programs and whether it had satisfactory mechanisms for measuring and reporting the effectiveness of its major programs, where reasonable and applicable.

6.16 Consequently, we focused on strategic and operational planning and operational management of the major activities carried out in Ottawa and the regional offices. We also examined evaluation of programs, human resource management, and information systems.

Observations and Recommendations

The Commissioner's Mandate

6.17 Official Languages Act. In passing this Act in 1969, Parliament gave the Commissioner the task of ensuring recognition of the status of the two official languages in federal institutions and compliance with the spirit and intent of the legislation. The Commissioner's duties and powers with respect to investigating complaints and reporting on the discharge of his duties are well defined in the Act. However, the scope of his other duties is not defined - the Act says that the Commissioner can take all actions and measures within the authority provided in his mandate.

6.18 The special status of the Commissioner complicates the Treasury Board Secretariat's task of approving new initiatives and requests for resources. It is one of the reasons for Supplementary Estimates having been needed nearly every year since 1975, as illustrated in Exhibit 6.4. Supplementary Estimates have represented a substantial portion of the budget for the Information and Liaison programs. The delays in allocation of funds have hindered planning and operation of these programs.

Exhibit not available

6.19 Evolution of roles. Since the early 1970s, the Commissioner has increased the number and level and number of his activities. Maintaining his original role as ombudsman, which is well defined in the Official Languages Act, he took on the role of linguistic auditor as well. The Act covers the public's rights regarding language of service but is less clear about the language of work. In 1973, a Parliamentary Resolution on Official Languages in the Public Service of Canada defined the rights of employees concerning language of work. It clarified the legislation's intent and, indirectly, the scope of the Commissioner's duties with respect to the rights of federal employees to work in the official language of their choice and equitable participation of the two linguistic groups in the public service of Canada.

6.20 The Commissioner further expanded the scope of his mandate by becoming a promoter of language reform. This gave rise to new activities, particularly in the areas of information, liaison and policy analysis. These activities are concerned not only with bilingualism in the federal public service, but also with areas such as education and minority media.

6.21 In general, the mandate as interpreted by the Commissioner, the objectives of the program, and the OCOL's activities are related to one another and to the Official Languages Act in a reasonable and logical way. The OCOL has also kept Parliament well informed on the discharge of its duties and its new initiatives.

6.22 Mandates of other federal organizations. Several federal organizations have integrated objectives and activities related to applying the Official Languages Act in their programs:

    - The Treasury Board Secretariat's Official Languages Branch is responsible for developing federal government policies, ensuring their implementation and evaluating how effectively these policies are carried out in regard to the provisions of the Official Languages Act for the public service.
    - The Secretary of State administers bilingualism programs in the areas of education and public administration for minority official language groups and the private sector.
    - The Public Service Commission promotes equitable participation by both official language groups in the public service and investigates complaints about employment situations which contravene the Public Service Employment Act.
6.23 Because some of these objectives are similar to those of the OCOL, there is a certain amount of overlap in activities, such as auditing and assessing progress in bilingualism matters and carrying out information programs. Some effort has been made to reduce this overlap. At the end of 1982, the OCOL undertook to co-ordinate the audit schedule with the Treasury Board Secretariat and the Public Service Commission to minimize duplication of linguistic audits in the same year. Some overlap is inevitable if the Commissioner of Official Languages is to retain independence in ensuring that federal institutions comply with the Act; however, the extent to which it can be kept to a minimum should be determined. In the areas of information and liaison with minority language groups, it appears particularly pressing to clarify the respective responsibilities.

6.24 The Treasury Board Secretariat has a double role in this - through its Official Languages Branch, as already mentioned, and also through its Program Branch, which studies and approves the OCOL's resource requests and new initiatives. A conflict of interest may arise within the Secretariat when it must settle unresolved questions of overlapping responsibility. At present, there is unofficial consultation at the management level between the two bodies.

6.25 The respective roles of the OCOL and other federal institutions in applying the Official Languages Act should be clarified to minimize duplication of work and to prevent a situation which could affect the OCOL's credibility and independence and the responsibilities of the federal institutions concerned.

Management's comments: The Office of the Commissioner of Official Languages recognizes the need for greater specification of the roles played by it and by other federal institutions in relation to official languages, and it hopes that the recommendations of the Special Joint Committee on Official Languages will help to meet this need.

Planning

6.26 The planning process provides the OCOL with a framework for reviewing its present functions and developing new activities. This framework links the OCOL's interpretation of its mandate with the means it can use to satisfy new requirements.

6.27 The OCOL is not required to submit a report to the central agencies on its overall strategy. There is no official strategic plan for the OCOL as a whole. However, changes in policies and program orientation must be communicated to central agencies. Some submissions to Treasury Board include long-term strategies for some activity sectors, and the OCOL carries out a periodic analysis of its environment to set the direction of its programs.

6.28 An overall strategic plan incorporating these various elements would facilitate the co-ordination of the Commissioner's activities, which could simplify the approval of additional resources and reduce the delays that have hampered operations in the past. Such a document would also serve as a "corporate memory" of discussions and managerial decisions on strategy and as a means of communication with managers responsible for developing and implementing operational plans.

6.29 The OCOL should prepare its strategic planning in a formal document that defines its priorities. This should then be used as a basis for more detailed operational planning.

Management's comments: It is the Official Languages Act which determines the OCOL's mandate and role, particularly in the area of audits. The OCOL is therefore not obliged to present its strategic overview to the central agencies. Nevertheless, the OCOL agrees to review its strategic planning and prepare an appropriate report.

Complaints and Audits Program

6.30 Two branches share responsibility for this program. Because communication is good and operations are limited in scale, the two branches achieve a satisfactory degree of co-ordination and consistency in their operational practices and plans of action. They estimate that some 30 per cent of their person-years are assigned to complaint investigation, 60 per cent to auditing and the rest to administrative duties. However, this estimate is not based on any substantive information.

6.31 Investigation of complaints. Since the OCOL began operations in 1970, it has investigated nearly 13,600 complaints; 400 were unresolved as of 31 March 1983. Exhibit 6.5 indicates the number of complaints received and settled from the beginning of 1975 to the end of 1982. The Secretariat manually gathers statistics on the origins of the complaints and the institutions concerned, and on whether language of service or language of work is involved. However, the complaints are not classified according to their complexity, nature or relative importance. Consequently, each case is given the same consideration, even though many are repetitive and investigating them is routine.

Exhibit not available

6.32 OCOL uses the number of complaints for which investigation has been completed as a performance indicator. In its present form, this indicator gives only an approximate idea of the OCOL's level of activity in this area. Without proper information on the nature and complexity of the complaints received and the way they are resolved, management cannot analyse complaints systematically to evaluate the effects of investigations and determine what human resources should be devoted to this activity.

6.33 During our audit we conducted, in co-operation with management, a mail survey covering the 595 persons who made one complaint or more in 1982 and identified themselves. We were fortunate to obtain a response rate of 52 per cent considering that we could not carry out any follow-up on the non-respondents due to the anonymity of the survey. However, this response factor does leave open the possibility of a bias in the results achieved. Analysis of the 309 answers received revealed a high level of satisfaction with the complaints service provided by the OCOL. With the exception of one region where the answers indicated that only 65 per cent were satisfied, between 79 and 87 per cent of people answering were satisfied with the manner in which the Office dealt with their complaints.

6.34 Complaints, as well as the legal notices necessary for resolving complex cases, are filed chronologically. Because of the rudimentary manual filing system, it is difficult for the Secretariat to locate similar complaints from past years. A complete and handy reference system would improve the accessibility of past complaints of a similar nature, and staff would be able to speed up the resolution process by avoiding duplication of research work.

6.35 The OCOL should classify complaints by nature and complexity to make possible more detailed evaluation of the complaints component of the program.

6.36 To ensure uniformity in resolving similar cases and to improve efficiency, the OCOL should develop a filing system that would allow for rapid reference to previous complaints.

Management's comments: The OCOL has begun setting up a computerized system which should make it possible to study complaints by category.

6.37 Linguistic audits. The Official Languages Act gives the Commissioner authority to carry out such inquiries as he sees fit. He can thus assume the role of auditor to ensure that all federal bodies comply with the Act and to evaluate their progress in the area of language reform.

6.38 During 1982-83, the Complaints and Audits program established most of its existing control mechanisms. These are now adequate to ensure that the various steps in the audit process are carried out. Moreover, the recent involvement of the Chief of the Secretariat serving the two branches in the control process should increase the importance attached to adhering to schedules and contribute to providing more complete and timely management information. The methodology used in the audits is taken from administration and the social sciences. However, the OCOL has not done a formal evaluation of its various methods or prepared a handbook of audit procedures. Such a document could provide a basis for a training program for new officers and promote a desirable level of uniformity of audit approaches in the different divisions.

6.39 The OCOL should establish an official methodology for linguistic audits and quality standards for audit files and reports.

Management's comments: The OCOL has already put an appropriate plan into effect and will make every effort to develop new indicators of effectiveness.

6.40 In evaluating the effectiveness of this component of the program, the two branches use the number of audits and studies carried out. This is not a valid indicator. It would be more informative to know the scope of the audits, the type of shortcomings identified in the institutions audited and the extent to which the Commissioner's recommendations have been implemented. This type of information is not being compiled at present.

6.41 The OCOL should follow up its audits systematically, determine the effects of its recommendations and develop better effectiveness indicators.

Management's comments: The OCOL is developing a method of systematically analysing the action taken pursuant to its audit report recommendations.

Information Program

6.42 To fulfil its objectives of encouraging recognition of the status of the two official languages and promoting language reform, the OCOL has established an Information program, made up of two sections. The first covers distribution of information on the provisions and spirit of the Official Languages Act and the Commissioner's role in applying it. The second section aims to stimulate awareness of linguistic matters, especially in young people between 7 and 17 years of age.

6.43 Exhibit 6.4 illustrates the importance of the Supplementary Estimates to OCOL operations and to those of the Information Branch in particular. Nearly all these Supplementary Estimates have been used to produce and distribute language kits. Three kits have been issued since 1975: "Oh! Canada", "Oh! Canada 2", and "Explorations". The OCOL has little information on the distribution of the first but is controlling distribution of the other two adequately.

Exhibit not available

6.44 Although evaluations have shown generally that the kits are well received by young people, the Branch has not carried out a systematic study of the target population and the various options for reaching it. Funds for producing other information material are limited in relation to the budget used for the kits. From 1979-80 to 1982-83, an average of 69 per cent of the actual expenses of the Information program has been incurred for the kits.

6.45 The Information Branch should establish a planning framework for each of its information tools to justify its purpose, improve identification of its target groups and analyse all options for reaching these groups.

Management's comments: The OCOL accepts this recommendation. The Information Branch will endeavour, in planning its programs and activities (especially those involving large budgets), to systematically determine the most cost-effective options among those available. In addition, while developing materials, it will identify instruments that will enable it to check more systematically on whether those materials transmit the messages effectively and meet the needs of the target population satisfactorily.

6.46 The Information program is responsible for co-ordinating production of the Annual Report, to which all OCOL branches contribute. Appropriate methods are used to plan and control schedules and have made possible the submission of a report each year to Parliament on the Office's activities and on the linguistic situation in the country generally and in federal institutions in particular.

Policy Analysis and Liaison Program

6.47 Policy Analysis. This service is responsible for providing the Commissioner and OCOL managers with analysis and advice on bilingualism matters, preparing speeches and correspondence, and contributing to the writing of the Annual Report. It must respond quickly to requests from the Commissioner and be prepared to undertake analysis and research projects at short notice. Given this context and the small number of researchers involved in the activity, operational needs appear to be met, although there is little formal planning or control of activities. In April 1983, the service began developing an action plan which should improve the control and follow-up of different projects.

6.48 Liaison. Liaison is provided mainly through the regional offices, which are responsible for bringing the ombudsman and the liaison service in closer contact with communities in which both official languages are spoken, and for maintaining close links with federal authorities in these regions. Regional offices were opened in Moncton in 1977, Winnipeg in 1978 and Edmonton, Sudbury and Montreal in 1981. Analysis of the geographical distribution of the two official languages groups in Canada, illustrated in Exhibit 6.6, shows that the regional offices are appropriately located.

Exhibit not available

6.49 Staffing of the regional offices has been done without considering, in a systematic way, the operating needs and the minimum resources required. During 1982-83, the OCOL undertook to develop work plans based on operational objectives, but the results were not specific enough to enable it to determine how many employees were needed to implement these plans in each office.

6.50 The OCOL should ensure that the work plans developed for regional offices reflect clearly the resources required to achieve the program's objective and that human resources are assigned to regional offices in accordance with approved plans.

Management's comments: The OCOL will attempt to increase human resources as required for the regional offices to operate smoothly, and will see that the work plans for these offices are as realistic as possible.

Program Evaluation

6.51 The OCOL has conducted program evaluations of three of its activities. Beginning in 1978, it carried out an evaluation of the language kit "Oh! Canada". In 1981, in response to a Treasury Board request, further program evaluations were done of the kits "Oh! Canada 2" and "Explorations". Also, an evaluation of the magazine Languages and Society is in progress.

6.52 The focus of the evaluations of the language kits was mainly on their qualities as teaching aids and the extent to which they were actually used by young people. However, the scope of these studies was limited in as much as they did not consider the rationale for, or alternatives to, these kits or attempt to relate achievement of the intermediate objectives that were assessed to the Commissioner's major information objectives of promoting a positive attitude toward Canada's linguistic duality and informing Canadians about the Act and the Commissioner's role.

6.53 The studies were used as the basis for revisions and improvements in the kits when they were reprinted in late 1981. Further, the studies supported a request to Treasury Board to continue producing these kits.

6.54 For an agency the size of OCOL, the evaluation of four of its activities represents an acceptable achievement. However, we noted that, thus far, the agency's evaluation efforts have been focused on its information activities to the exclusion of other major areas of effort.

6.55 The OCOL should develop a plan to evaluate its activities in a comprehensive way.

6.56 In evaluating its programs, the OCOL should consider the program rationale and alternatives to the program as possible issues to be addressed.

Management's comments: The OCOL has already reached an understanding with the Department of Supply and Services on a five-year internal audit plan covering the effectiveness of each of the components in its programs, and agrees that it would be appropriate to adopt a more rigorous approach to the evaluation of all its activities.

Information Systems and Efficiency

6.57 Financial information. The Department of Supply and Services provides the OCOL with financial reports. In combination with the information produced by the OCOL, either manually or by computer, these are adequate for budgetary control, even though management's information needs have not been clearly defined.

6.58 Information on human resource use. Managers do not have information about the amount of time employees spend on each activity. Employees are usually assigned to more than one project and sometimes to more than one activity at a time, and there are a number of people involved in each activity and project. Although efforts have been made to institute time reporting in the Information program and the Complaints and Audits program, this data has not been compiled yet to provide information on human resource utilization. The lack of this information makes it difficult for management to appraise the performance of employees and complicates analysis and justification of each program's human resource requirements and assignment of person-years according to priorities.

6.59 Efficiency. Although the measures described in operational plans, such as the number of complaints resolved, give an indication of various programs' production, there is little information on the quality of service. There are also no useful performance standards with which actual production can be compared. The lack of performance measures and information on human resource utilization hinders management from adequately evaluating the efficiency of its activities and ensuring that human resources are used to best advantage.

6.60 Needs for information on human resource utilization and performance measures should be clearly defined, and management should set up an information system to assist in the control and measurement of the performance of employees and of the efficiency of its activities.

Management's comments: The OCOL will take into account its human resource information requirements in view of the computerized system that it is currently implementing.

Information to Parliament

6.61 The Commissioner must report to Parliament on the way he has carried out his duties and used the resources provided for his programs. He does this through the special joint Committee on Official Languages, the Annual Report and the Estimates.

6.62 Parliamentary Committee. The special Joint Committee on Official Languages, made up of members of both Houses of Parliament, was created in 1980. It plays two important roles with respect to the Commissioner of Official Languages. First, it is an essential link between the Commissioner and Parliament. It allows Parliament to have periodic access to information on the OCOL's accomplishments and to emphasize to the Commissioner the official languages issues that are of greatest concern. For example, a 1983 report on language of work in the Public Service of Canada was initiated by the Committee. Second, through its public hearings and its recommendations to Parliament, the Committee has become an important institution for promoting and supporting the objectives of the Official Languages Act.

6.63 Annual report. Under the Act, the Commissioner is required to submit an annual report concerning his work. In it, he outlines his programs and new initiatives and the progress made in the OCOL's major activities over the previous year. The report describes the state of language reform in federal institutions each year and notes how well these institutions have complied with the spirit and intent of the Official Languages Act. It also deals with language issues under federal and provincial jurisdiction.

6.64 Estimates. Treasury Board has requested that departments and agencies support their requests for funds in Part III of the Estimates. Although the OCOL Part III submission for the 1983-84 Estimates is only a preliminary document, we studied it because its purpose is to provide additional useful information to Parliament on OCOL programs, to enable Members to analyse expenditures more thoroughly.

6.65 The submission prepared by the OCOL describes the programs and their major components well and reflects the programs' relationship to the Commissioner's triple role - ombudsman, auditor and promoter of language reform. The document also gives an adequate indication of the effect external factors have on the programs and of the results expected from the OCOL's major activities.

6.66 Management has endeavoured to set out program objectives and efficiency indicators. However, it has no mechanism for monitoring the achievement of program objectives, and the efficiency indicators used do not take into account the level and quality of services provided. Consequently, it is difficult for the OCOL to justify the resources requested and to determine whether it is making optimum use of its resources.

6.67 The OCOL is considering ways to improve its Part III submission. Implementation of our recommendations in the areas of program evaluation, efficiency and human resource utilization would assist the entity in preparing this document.