HR will need to ensure front-line and customer-facing employees provide consistent service in both official languages
The federal government has tabled draft regulations that would grant the Commissioner of Official Languages authority to impose fines of up to $50,000 on certain companies that fail to provide services in both English and French.
Minister of Canadian Identity and Culture Steven Guilbeault announced the measure in Parliament, stating the regulations would empower the commissioner to apply financial penalties against entities in the passenger transportation industry that violate bilingual service requirements under the Official Languages Act, according to the Western Standard.
“People travelling in Canada should be able to receive services in French and English, anywhere, anytime,” he said in a government news release. “These draft regulations reinforce the genuine equality between these two languages and respond to concerns expressed by travellers who wish to be served in the official language of their choice.”
Given the potential fines, HR will play a central role in ensuring front-line and customer-facing employees can provide consistent service in both official languages, from hiring and training practices to performance management and scheduling.
Three categories of violations
The regulations stem from Bill C-13, which received royal assent June 20, 2023. The legislation modernized the Official Languages Act and introduced administrative monetary penalties as an enforcement tool for the commissioner.
The draft regulations establish three categories of violations:
- Type A violations, related to contracted services, carry penalties of up to $25,000
- Type B violations, covering other failures in public communications and services under Part IV of the Act, can result in fines of up to $50,000
- Type C violations, involving public health or safety, range from $5,000 to $50,000.
The regulations specifically target federally regulated passenger transportation entities, including Air Canada, VIA Rail, major airport authorities from Vancouver to St. John’s, and Marine Atlantic, the Crown-owned ferry service to Newfoundland and Labrador, according to Blacklock’s Reporter.
Under the proposed framework, the commissioner would determine penalty amounts based on factors including violation frequency, actual or potential impacts on affected persons, and efforts made to correct the situation. The regulations state that penalties aim to promote compliance rather than punish entities.
Commissioner of Official Languages Raymond Théberge said in an email to Francopresse that his team would conduct a thorough analysis of the draft regulations. Théberge said the expectations towards the modernized linguistic regime are high.
The tabling in Parliament triggers a 30-day consideration period in the House of Commons before the text will be published in Part I of the Canada Gazette. The regulations cannot take effect until an order-in-council is issued by the Governor General and the regulations are formally adopted.
Canada's federal language commissioner is sounding an alarm about unintended consequences from Quebec's strengthened French-language laws, warning that health-care workers are avoiding English services due to confusion over what's allowed.
Concerns about language enforcement
Industry groups have previously raised concerns about inconsistent enforcement of Bill C-13. In 2022, the Association of Canadian Port Authorities told the Senate that the commissioner had ordered companies to retroactively translate years of English-only social media posts, and that a complaint was filed over an English-only sign not located on port property, according to the Western Standard.
Census data show French as a first language has declined to 21% nationally from 27% in 1971, with only 3% of French speakers living outside Quebec.
The Western Standard reported that the number of Quebecers whose first official language is English surpassed one million for the first time in 2021, rising to 13% from 12% in 2016.
