Evidence of meeting #74 for Official Languages in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was penalty.
A recording is available from Parliament.
Senior Counsel, Office of the Commissioner of Lobbying
In my opinion, the reports had the effect of informing not only the lobbyist who was the subject of the report, but also other lobbyists, of the obligation to comply with the principles and rules of the code, as those reports result in bad publicity. It's not much, but there are articles on the topic in the media for a few days.
In my opinion, it really is a useful way of informing lobbyists, public office holders, and the general public.
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
A public report attacks the integrity of the individual, whether it be public office holders or members of Parliament. Even companies don't want that kind of media coverage.
Of our two systems, I think the most useful tool is the report issued under such circumstances.
Liberal
Liberal
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
There's no doubt that we are comparing apples and oranges here. It's not the same thing. You're talking here about an individual who's embarrassed by a public report or a company that has done something wrong that could cause it a lot of problems with its clients in the future. The situation is totally different.
The commissioner, himself, referred to four possibilities. He needed to be assured that it would make Air Canada or other federal institutions assume their responsibilities.
In your opinion, are there other options that could work in the case of a violation of the Official Languages Act? Clearly, in the case of Air Canada, public reports don't work. Public reports have been published about Air Canada for years, among other things, but the situation hasn't necessarily changed.
Do you have any other suggestions to give to ensure that the official languages are respected?
Senior Counsel, Office of the Commissioner of Lobbying
That's a hard question to answer because it's not exactly in our area of expertise.
Liberal
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
Has the Commissioner of Official Languages ever spoken to anyone from your offices about this topic? After all, you represent government commissioners and you have those powers.
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
We'll check. Then we'll give you the information. At this time, unfortunately, I can't answer the question.
Liberal
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
The commissioner made four suggestions. Are you aware of the four suggestions?
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
Yes.
Liberal
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
Based on your experience, your expertise, and your know-how, which ones are most effective?
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
I've clearly noted the question. As we've said, we could follow up after checking the information.
Liberal
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
The question is quite simple. Of the commissioner's four suggestions, which ones would be most effective? Is there one in particular?
Yesterday or the day before, we heard from a lawyer who seemed to indicate that a monetary penalty would probably be the most effective. Do you have any comments in that regard?
Senior Counsel, Office of the Commissioner of Lobbying
Personally, I consider administrative monetary penalties to be effective. It's a deterrent. I'm certain there are people who think differently, but that could be a possibility.
Liberal
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
That could be effective.
However, I find it hard to imagine how it could be administered. In effect, monetary penalties are generally associated with violations other than substantive violations. How will the Office of the Commissioner of Official Languages determine that there has in fact been a substantive violation and that a service has not been rendered in an official language? They will still need to prepare a report, conduct an investigation, and so on. That could then lead to a more substantial penalty than a simple amount of money like we would impose under our system.
Conservative
The Vice-Chair Conservative Alupa Clarke
Thank you very much, Ms. Robinson-Dalpé.
Mr. Généreux, finally, the floor is yours.
Conservative
Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Thank you, Mr. Chair. It seems to me that you've been overly generous with my colleagues across the way. They've been speaking for 20 minutes.
Conservative
Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Ha, ha!
I won't waste time arguing.
Thank you very much to the witnesses here today.
I'll get right to the point. Are your respective offices subject to the Official Languages Act?
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
That's a good question.
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
Yes.
Conservative
Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Do you know whether any official languages complaints have been filed against you?
Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
I'm not aware. I can check.
Senior Counsel, Office of the Commissioner of Lobbying
I'm sure that we've received at least one. I know of one complaint against our office.
