The House of Commons Official Languages Committee met to study proposed regulations establishing a system of administrative monetary penalties for violations of Part IV of the Official Languages Act. Appearing were Érik Labelle Westin-Eastaugh, a law professor; Julie Pondant and James Bogusz from the Canadian Airports Council; Eric Fortier from the Canadian Air Transport Security Authority; and Patti Merrigan from Marine Atlantic Inc.
Professor Westin-Eastaugh said the regulations are a step forward but raised three concerns. He argued the $50,000 penalty cap is likely sufficient but regretted the lack of published quantitative analysis to justify it. He recommended removing the detailed criteria for notices of violation, saying they add administrative burden and invite legal challenges without improving fairness. He also said the exclusion of the Canada Border Services Agency and the Canadian Air Transport Security Authority is questionable, as monetary penalties can shift priorities even for publicly funded bodies.
Julie Pondant said airports are committed to official languages but argued the penalty regime will not help compliance. She recommended the regulations apply only to airports with more than four million passengers per year, citing difficulty recruiting bilingual staff in small communities. She also noted the council is involved in a Supreme Court case that will clarify obligations, and that only 77 complaints were filed nationwide in 2024 against 150 million passengers. She called for proactive government support and clearer expectations rather than penalties.
James Bogusz said that before 2018, official language obligations for airports were clear and traveller-specific, but that the commissioner's office later expanded the scope dramatically. He said this expansion, combined with the threat of monetary penalties, has enabled legal challenges from individuals seeking to monetize non-compliance. He echoed the call to exempt airports with under four million passengers to avoid downloading costs to travellers.
Eric Fortier said CATSA takes its official language obligations seriously and has embedded them in contracts with screening contractors, supported by performance measurement and monthly meetings with the commissioner's office. He noted that 96% of surveyed passengers reported being served in their preferred language in the third quarter of the fiscal year. He did not make specific recommendations regarding the regulations but said CATSA respects Parliament's role in deciding how they should apply.
Patti Merrigan said Marine Atlantic recognizes the importance of the act but questioned whether penalties will achieve compliance in rural areas with limited bilingual talent pools. She warned that penalties for type A violations could force the corporation to eliminate small, family-run businesses operating on its premises, and that any penalty would reduce funds for essential public services. She recommended flexible approaches for rural businesses, no mandatory minimum penalty for type C violations, and reinvestment of penalty funds into official languages training for the affected organization.
The committee then debated a motion from Mario Beaulieu regarding a speech by Prime Minister Mark Carney about the Plains of Abraham. Joël Godin proposed an amendment that would have the committee condemn any characterization of Canadian history that minimizes assimilationist policies, reaffirm the reality of the decline of French, and report findings to the House. The amendment was not adopted by unanimous consent, and debate on the motion continued.
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