Official Languages Committee on April 13th, 2010

[The Chair, Conservative, Steven Blaney]

Good morning, and welcome to the Standing Committee on Official Languages. This is meeting number eight.

This morning, pursuant to Standing Order 108(3), we are studying Air Canada's compliance with the Official Languages Act.

We have the pleasure to have as a witness this morning the director of government relations, Mr. Joseph Galimberti. Welcome to the committee.

We also have with us this morning Ms. Louise McEvoy, general manager of languages and diversity, employee relations. We're glad to have you back at our committee.

As well, we have Madame Louise-Hélène Sénécal.

Ms. Sénécal is Assistant General Counsel for the Law Branch of Air Canada.

I would like to welcome everyone.

Without further ado, let me invite you to make your opening statement. I also take this opportunity to thank you for agreeing to appear before the committee on such short notice.

[Louise McEvoy, General Manager , Languages and Diversity, Employee Relations, Air Canada]

Thank you, Mr. Chair.

Honourable members of Parliament, good morning and thank you for the opportunity to appear today. My name is Louise McEvoy and I am the General Manager of Languages and Diversity at Air Canada. I am joined today by my colleagues Joseph Galimberti, Director of Government Relations, and Louise-Hélène Sénécal, Assistant General Counsel.

On a personal note, let me tell you I am always pleased to speak about my company's initiatives and successes in matters of official languages. Today will be my last appearance before this committee and I will be retiring soon, after 30 years at Air Canada, most of which were dedicated to language matters.

We received an invitation to appear today on the topic of "Compliance with the Official Languages Act". We will address that vast agenda by looking at our service delivery, at our Olympic success, and at some challenges we are faced with. We will also address questions raised during the Commissioner of Official Languages' appearance before the committee on March 30.

As stated in our October 2009 appearance, offering our customers service in the official language of their choice is a fundamental priority for Air Canada.

An active offer of service is presented to employees on day one of training. We present them now with our new Hello Bonjour video, which some of you may have seen, as it was prepared last fall and sent to the committee at the beginning of this year. New front-line employees, whether or not they are qualified in the language, are also given, as part of their initial training, a French class on how to offer service in French. Year after year we continue to invest considerable financial and human resources and programs intended to enhance the bilingual capacity of our front-line staff, in spite of the challenges this represents.

Challenges start at recruiting. There are just not enough bilingual candidates interested in a career in air transportation in the Canadian market. Again, this past month we were faced with this difficulty when recruiting airport agents. For the month of March alone, when we recruited temporary summer staff in Toronto, our applicants database showed that 200 out of 800 candidates declared, on their application, being fluent in both official languages. Of those 200, only 17 successfully passed the test.

Many candidates have told us they attended French immersion for the duration of their elementary and secondary schooling but have not had any opportunity since then to use the language. Even if they have been away from school for only a couple of years, their language skills have started to decrease to the point of their being unable to hold a simple conversation.

Fortunately, when recruiting flight attendants for our Toronto base, where our needs are, we are still able to hire bilingual candidates from the province of Quebec. But the reality of airport agent positions, mostly part-time, does not allow for this type of relocation.

Air Canada is considered an attractive employer for anyone interested in a job in the aviation sector; this is why there is no need to advertise job openings other than on our corporate website to attract suitable candidates for most vacancies. By exception, however, we advertise in targeted media to attract bilingual candidates. An attachment describes the various media our recruitment agency targeted in our last campaign for airport agents' positions.

Another challenge is lack of practice. In the Canadian context, languages are very different from any other job skill—once you have hired a person with French as a second or foreign language, or have initially trained your staff to learn that language, you need to continually train them so that they can maintain that skill—which we do. The reality at Air Canada is that over 7,000 flight attendants and airport agents communicate with, on average, 1 French-speaking passenger out of 100. Hence the need to retest our staff on a regular (two-year) basis to ensure that they have managed to maintain their proficiency, and to offer maintenance of skill classes year-round.

As an illustration, our linguistic activities in 2009 included over 2,000 language tests. More than 1,000 employees attended language training from coast to coast to maintain their qualification in French. We are especially proud in 2009 to have held, on company time, 4 beginner classes of flight attendants and airport agents, improving the proficiency of 37 front-line employees.

All the non-bilingual airport agents from Vancouver, Calgary, Edmonton, Winnipeg and Toronto took the "Un moment s'il vous plaît" classes, in order to learn tips and vocabulary on properly dealing with a francophone customer.

Another important challenge we continue to face is very low bilingual capacity in some of our airports and in-flight bases. For the past 10 years, since the merger with Canadian Airlines, there has been only seasonal hiring at airports, leaving the proportion of bilingualism at exactly the same level as when bilingual seasonal staff has left.

At the end of March 2010, the following numbers reflect that challenge. At airports, 25% of the staff coast to coast is bilingual (with 668 bilingual employees for a staff of 2,667 total). Bilingual capacity is especially low out west. In our flight attendant group, 47% of the staff is bilingual (with 2,689 bilingual employees for a staff of 5,712 total). Despite that relatively low percentage, we are still able to ensure that each flight takes off with at least one bilingual flight attendant on board, regardless of whether there is significant demand or not.

We are aware that the solution resides in increasing the number of bilingual front-line employees, but our reality is that hiring permanent staff is currently (and for the last 10 years) being reduced to zero at airports.

Since our last appearance before this committee, an event important both for Canada and for Air Canada took place: the Winter Olympics and the Paralympics. Air Canada was the official airline and a proud partner in the event, supporting official languages as a sponsor of the Place de la Francophonie on Granville Island. Our performance on all fronts, including the availability of service in both official languages for all passengers attending the games, is a source of pride for Air Canada.

Air Canada allocated $1.5 million of its Olympic preparedness budget and a dedicated team of professionals to ensure that the increase in demand for French would be transparent to customers during the games. This involved 100 volunteers literally moving to Vancouver for two months. Their objective was to support their Vancouver colleagues in dealing with the increased demand for service. Red-jacketed volunteers with “Français” identification were located all over the airport and at off-site check-in locations.

Not only did we receive absolutely no complaints regarding language of service during the games, but we had many customers who praised the presence of this bilingual support staff, which enhanced the level of service. Mr. Abdou Diouf, Secretary-General of l'Organisation internationale de la Francophonie, was one of many who told us they were delighted with the level of service in French at the airport.

Having spent much time at the Vancouver airport since the beginning of the year, I could not help noticing that the other tenants of the airport faced the same challenges we faced day after day. I noticed that every shop and restaurant had a little English/Français sticker well in place, and I decided to test their proficiency. I finally gave up asking for service in French after a few days. The challenge in Vancouver is such that they are just unable to comply.

When Mr. Graham Fraser appeared before this committee on March 30, clarification was sought on the relationship between Air Canada and its former subsidiaries. My colleague, counsellor Louise-Hélène Sénécal will update the committee members on the subject.

[Louise-Hélène Sénécal, Assistant General Counsel, Law Branch, Air Canada]

Good morning.

Of course, it is the responsibility of parliamentarians to table a bill amending the Air Canada Public Participation Act. However, we are afraid that there remains some doubt with regard to Air Canada's obligations under the current legal framework.

Perhaps you remember that the amendments made in August 2000 to the Air Canada Public Participation Act effectively imposed on Air Canada the obligation of making sure that any client of any branch of the company can communicate with that branch regarding airline services, and also obtain these services from the company, in either official language, when the demand is great.

A great deal of importance was given to the issue of finding out whether Jazz, which is a limited partnership, doing business under the name of Air Canada Jazz, is an affiliate company or a branch of Air Canada.

Indeed, under section 25 of the Official Languages Act, Air Canada has the duty to ensure that where services are provided or made available by a third party on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that third party in either official language, in any case when there is significant demand.

The current arrangement with Jazz Air LP is a capacity purchase agreement under which they provide services on behalf of Air Canada. The agreement clearly spells out the expected level of service, and we share with Jazz our obligations in terms of bilingual service where it is mandatory or related to the volume of passengers.

When a complaint relates to service offered on our behalf by Jazz, we immediately pass on the information to Jazz and expect corrections to the problem. Jazz has never stopped training its front-line employees since the modifications to the OLA, and even afterwards, with their obligations under section 25, which are distinct, for their service to the public provided on behalf of Air Canada. In fact, they have been able in this way to increase their bilingual workforce from less than 5% as it existed in 2000 to over 55% today.

Consequently, the public gets the benefit of adequate protection under the Official Languages Act, because the obligation stated in section 25 applies to the services offered by Jazz, whether or not it be a branch of Air Canada.

[Louise McEvoy]

Thank you, Louise-Hélène.

We respectfully welcome the Commissioner's announcement regarding the auditing of our policies and procedures, including recruitment, training and the assignment of our front-line employees in accordance with their language skills. Almost on a daily basis, we study the Commissioner's analyses of complaints, we discuss the measures needed to remedy the situation and we organize meetings with our management to stay up-to-date on various problems. A few weeks ago, Duncan Dee, the Executive Vice-President and Chief Operating Officer, along with his team, met the Commissioner and the Commissioner's team to discuss the various challenges resulting from the provision of a more complete bilingual service.

Air Canada is not perfect and it receives its share of complaints about language. Even one complaint is one complaint too many. That being said, without evaluating the validity of the 355 complaints that were received over a 5-year period, if we consider that each of our 30 million annual clients meets face to face with our personnel at 5 or 6 service points, the rate of complaints comes to less than 1 for every 1.5 million service points.

As I mentioned, Air Canada's language services team is working together with the operational teams to make sure that every complaint is looked into, and that appropriate measures are taken to correct the situation. All information and correspondence relative to the investigation and follow-up of complaints sent to Air Canada and to the Commissioner is also sent to the Commission. When a complaint is filed only with the Commissioner, but not with Air Canada, the identity of the complainants remains confidential. Nonetheless, every complaint receives the same attention.

A grid was distributed to the committee members as an appendix describing in detail the volume and the kind of complaints received by Air Canada from the Commissioner. We invite the members of the committee to discuss these complaints in detail.

As promised to the members of the committee at the last audience in October, we have updated our 2001-2010 linguistic action plan--it is on our website--and it will be completely revamped for 2011.

Once again, the solution to our challenges consists in increasing the bilingual capabilities of our front-line employees and in raising the awareness of our personnel. Each recruiting activity is aimed at adding further bilingual resources to our labour force.

With regard to training, great efforts are being made at every level to maintain or to improve language skills. Awareness-raising sessions are regularly held so that the employees can adhere to the bilingual values of Air Canada that are shared by our chief executive officer.

My colleagues and I are now ready to answer your questions.

[The Chair, Conservative, Steven Blaney]

Thank you very much, ladies.

We will now begin our first round with Mr. Bélanger.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Thank you, Mr. Chair.

If I understand correctly, you are telling us that you do not need any new legislation, because you are subject to the Official Languages Act under section 25. Is that the case? Is that Air Canada's position?

[Louise-Hélène Sénécal]

To clarify, let us say that, with regard to the services offered by Jazz, we are subject to the Official Languages Act. Under section 25, we have an obligation to make sure that third parties providing services on our behalf do so in both official languages when there is heavy demand. Jazz is one of these third parties that offer services on our behalf; there is therefore no need to amend the Air Canada Public Participation Act in order to impose other obligations on subcontractors. The Official Languages Act already provides for that.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

The Official Languages Act is broad; it covers more than the issue of services provided to the public. So you are telling me that you would not want Air Canada to be subject to the entire Official Languages Act, but only to section 25.

[Louise-Hélène Sénécal]

No, not at all. This is not what I am saying. I'm talking about the services that are provided. According to the law, Air Canada is subject to the Official Languages Act and to all its sections. Under section 25, we at Air Canada have an obligation to make sure that third parties, such as Jazz, provide services in both official languages.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Since this Air Canada Public Participation Act was passed, the structure of Air Canada has changed in many ways. What are the most recent changes?

[Louise-Hélène Sénécal]

At the end of 2004, we created two subsidiary companies, Air Canada Cargo and Air Canada Ground Services. Last autumn, we reincorporated these companies into Air Canada; they are no longer separate.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

When? In 2009?

[Louise-Hélène Sénécal]

Last fall, in 2009.

In addition, we recently took back a minority of the shares of Aveos Fleet Performance, the company that maintains our aircraft.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

In your opinion, do these corporate changes in the corporate structure of Air Canada change in any way the responsibilities that these entities have under the Official Languages Act?

[Louise-Hélène Sénécal]

The only entity that has an obligation under the Official Languages Act is Air Canada. It is the only entity that the Official Languages Act applies to.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Please define Air Canada then.

[Louise-Hélène Sénécal]

Air Canada is the incorporated company that is called Air Canada.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

So the subsidiaries do not have this obligation?

[Louise-Hélène Sénécal]

No. That was clear.

With the amendment to the Air Canada Public Participation Act in August 2000, Air Canada was under the obligation to ensure that its subsidiaries that provide services to the public do so in both official languages. The amendment to that act never created any direct obligations for the subsidiaries. The obligations fell to Air Canada and not to its subsidiaries.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Can you tell me what those obligations were when Air Canada was created as a corporate entity?

[Louise-Hélène Sénécal]

Air Canada was a Crown corporation at the time.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

So what were its obligations when it ceased to be a Crown corporation?

[Louise-Hélène Sénécal]

At the time, Air Canada was the only entity subject to this obligation. In fact, the situation created a legal vacuum, and it was not even clear that Air Canada had an obligation to its subsidiaries at the time.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Could you repeat that, Ms. Sénécal, because I am not sure that I agree with you?

[Louise-Hélène Sénécal]

When Air Canada was partly privatized in 1988, and then wholly privatized in 1989, the obligation, as it was worded in the Air Canada Public Participation Act, stated that Air Canada was bound to respect the Official Languages Act.