Official Languages Committee on Dec. 9th, 2025

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

Can the regulations still be amended?

[Julie Boyer]

Thank you for the question.

Yes, it's possible. After 30 days in the House, the regulations will be published in part I of the Canada Gazette. Canadians can then submit further comments, which will be incorporated into the regulations. The regulations can then be reintroduced in both chambers.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

I assume that the vote will take place in the House, not in committee. We can prepare a report. However, it isn't the same process as for a bill, such as Bill C‑13, requiring a clause‑by‑clause study.

[Julie Boyer]

There isn't any vote. That's correct. You're right.

[The Chair, Liberal, Yvan Baker]

You have 20 seconds left, Mr. Beaulieu.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

We'll see what happens next, but we'll try to broaden the scope of the regulations. They currently don't apply to a whole range of companies, such as national railways, Nav Canada, port authorities, the Canada Border Services Agency, and so on.

You said that other powers, such as the power to issue orders, apply in the same way to these companies. It's just that they can't be fined.

Is that right?

[Julie Boyer]

That's right.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

Thank you.

[The Chair, Liberal, Yvan Baker]

Thank you, Mr. Beaulieu.

Colleagues, this is worth noting. During the discussion about Air Canada, I received an email from Air Canada asking for my opinion on the comments. I'm sure that my colleagues received it too. Perhaps I'll send them the video of our meeting today.

In any case, I would like to thank our witnesses for joining us.

We'll suspend the meeting for five minutes to allow the second panel of witnesses to join us.

Thank you.

[The Chair, Liberal, Yvan Baker]

Welcome to meeting number 16 of the Standing Committee on Official Languages. We're continuing our study of the proposed official languages administrative monetary penalties regulations.

I would now like to welcome our witnesses.

From Droits collectifs Québec, we're joined by Étienne‑Alexis Boucher, chief executive officer, and François Côté, senior legal officer. They're both appearing by video conference.

From the Fédération des communautés francophones et acadienne du Canada, we're joined by Liane Roy, president, and Roger Lepage, counsel, who are both appearing by video conference. Here in person, we're joined by John Mark Keyes, counsel, and Hector Vera, policy director.

Each organization will have five minutes for opening remarks. We'll then open the floor to questions and answers from members of Parliament.

I gather that our technicians are doing the sound test for Mr. Boucher. We'll start the meeting anyway.

Mr. Boucher and Mr. Côté, you're together. I'll give you the floor for five minutes.

[Étienne-Alexis Boucher, Chief Executive Officer, Droits collectifs Québec]

I want to thank all the parliamentarians for giving the floor to Droits collectifs Québec.

[The Chair, Liberal, Yvan Baker]

Mr. Boucher, I must interrupt you. Could you raise your microphone a bit?

[Étienne-Alexis Boucher]

I'm waiting for your instructions, Mr. Chair.

[The Chair, Liberal, Yvan Baker]

Mr. Boucher, I'm sorry.

I'll ask the officials from the Fédération des communautés francophones et acadienne du Canada, or FCFA, to speak first while we try to resolve the sound issue.

Ms. Roy, you have the floor for five minutes.

[Liane Roy, President, Fédération des communautés francophones et acadienne du Canada]

Good afternoon, Mr. Chair and members of Parliament.

Thank you for inviting the FCFA to speak about the proposed official languages administrative monetary penalties regulations.

I'm joined by Roger Lepage and John Mark Keyes, former presidents of the Fédération des associations de juristes d'expression française de common law. Mr. Lepage has an extensive background in language rights. Mr. Keyes, a former public servant with the Department of Justice, has expertise in proposed regulations and government bills.

We're also joined by Hector Vera, FCFA's policy director. As you know, for 50 years now, FCFA has been the national voice of French‑speaking Canadians living in minority communities in nine provinces and three territories. It dedicated a number of years to the modernization of the Official Languages Act, which came to fruition in 2023. We want strong, modern and respected legislation.

We emphasized in particular the need for consequences when federal institutions fail to comply with the legislation. With this in mind, last year, we published a brief that set out our expectations regarding the upcoming administrative monetary penalties regulations. We outlined seven principles.

First, sufficient penalties must be adopted in order to deter repeat violations. Second, violations of the act must be dealt with fairly, consistently and uniformly. Third, a proactive role for the Commissioner of Official Languages must be promoted. Fourth, the length of procedures must be shortened. Fifth, the focus must be on the full range of experiences of the travelling public. Sixth, the creation of a reinvestment fund for the francophonie must be promoted. Lastly, regulations that apply to all federal entities in the transportation field must be adopted.

This brings us to the proposed regulations tabled by the minister responsible for official languages on November 26. We welcomed this tabling, even though it comes 30 months after the adoption of Bill C‑13, which modernized the Official Languages Act. Initially, we were told that regulations would be tabled within 15 to 18 months.

Of the seven principles that we outlined, some are included in the proposed regulations while others are not. Some are included, but are limited in scope. The Commissioner of Official Languages has already pointed out that the cumbersome process set out in the proposed regulations poses a problem. In order to impose an administrative monetary penalty, the Commissioner must meet a number of criteria. For each criterion, he must justify his reasoning and methodology. We believe that this hinders rather than encourages the systematic application of administrative monetary penalties.

Furthermore, the proposed regulations fail to cover the full range of experiences of the travelling public, as the FCFA wanted. The regulations could ensure uniform compliance in airports and air transportation, but not necessarily in rail or marine transportation. The proposed regulations cover only three entities—Air Canada, Marine Atlantic and VIA Rail—as well as designated port authorities. For the next steps, we're making four recommendations to this committee that align with the Commissioner of Official Languages' position on the proposed regulations.

That the regulations be extended to cover crown corporations or entities subject to the Official Languages Act that provide services to the travelling public in general.

That they shorten the length of procedures.

That they include sufficient penalties to deter repeat violations.

That they be reviewed every five years, as are a number of other federal regulations.

Mr. Chair, committee members, a few years ago, Commissioner Théberge said that if you want a commissioner with teeth, you need legislation with teeth. Now, I'm telling you that we need regulations with teeth.

With these proposed regulations, you have in your hands the ability to strengthen a pillar of French language protection in this country. You must seize this opportunity.

Thank you for your attention. My colleagues and I are ready to answer your questions.

[The Chair, Liberal, Yvan Baker]

Thank you, Ms. Roy.

I'll now give the floor to Mr. Boucher for five minutes.

[Étienne-Alexis Boucher]

Thank you, Mr. Chair.

Let's hope that this time the sound works for our interpreter friends.

I want to thank all the parliamentarians for agreeing to have Droits collectifs Québec take part in this study on the proposed official languages administrative monetary penalties regulations. We've waited a long time for these regulations, since Bill C‑13 to modernize Canada's Official Languages Act was passed over two years ago. We're happy to see that the work is well under way.

I'll just introduce the organization, and Mr. Côté will take it from there. First, I would simply like to remind you that Droits collectifs Québec is a non‑profit organization. Its mission is to promote and advocate for the collective rights of the people of Quebec, particularly when it comes to language.

As a result, we deal with all levels of government, including the federal government. We can even take legal action when the rights of francophones in this country are violated, as we did in the case of the translation of Supreme Court judgments. This means that we took legal action against the Office of the Registrar of the Supreme Court a few months ago.

I'll now give the floor to Mr. Côté.

[François Côté, Senior Legal Officer, Droits collectifs Québec]

Members of the committee, ladies and gentlemen, thank you very much for inviting us to appear before you.

The draft regulations on administrative monetary penalties for official languages are undoubtedly well intentioned, but they're disappointing. Like the FCFA and the Commissioner of Official Languages before us, we feel that Bill C‑13 misses the mark for its smallness, its half-heartedness and its lack of teeth.

There are a number of things to note. I'll go through them fairly quickly, and I'll be happy to answer questions during the question and answer period.

First, with regard to the penalties that can be imposed on companies that make hundreds of millions of dollars in revenue, a fine of a few thousand dollars for failing to comply with official languages requirements borders on ridiculous. The ability to rack up repeated failures is of little importance, but it's also ridiculous because of how long it takes to process penalties. It takes years and years to get there, and the deterrent effect is non-existent.

We're also concerned about the narrow scope of the proposed regulations, in particular the fact that they apply only to the four entities and Crown corporations mentioned in section 2.

Ideally, in the best of all possible worlds, the scope of the regulations should be extended to all federal public service institutions covered by part IV or part V of the Official Languages Act. Failing that, it should at least be extended to port authorities, Transport Canada and designated port authorities.

When considering administrations, the regulations should go further and clearly target security services and customer service, which are directly related to the traveller experience.

We also lament the complexity of the administrative monetary penalty order regime. Paragraph 6(c) of the regulations is simply far too cumbersome for the Commissioner of Official Languages to effectively enforce his power to issue orders. Having to justify each amount in detail when there's already a review process and the decision can still be appealed before the Federal Court complicates the process such that its effectiveness is seriously compromised, in our opinion.

We also recommend providing for a feedback regime with the complainant, given that, ultimately, when the Commissioner of Official Languages tries to act and the action doesn't end up resolving the issue, the litigant has the ability, under part VII of the act, if I'm not mistaken, to bring the case before the courts. When a complaint is filed and an administrative monetary penalty scheme is being considered, it would be appropriate for the Commissioner to inform the complainant.

In our opinion, this administrative monetary penalty regime should also be subject to a public registry designed to inform Canadians, travellers and the general public of violations of the Official Languages Act that have resulted in an administrative monetary penalty, as is the case in many other areas as well.

Finally, we believe that the regime should clearly state, and it does not at the moment, that the power to impose administrative monetary penalties is done without prejudice and without any interference with the power to make recommendations and issue orders, the power to issue compliance orders and also the judicial recourse under part X of the Official Languages Act.

The administrative monetary penalty regime, which is disappointing for its small scope, must not, on top of that, close the door to other legal recourse available to litigants.

[The Chair, Liberal, Yvan Baker]

Mr. Côté, I'm sorry, but the time is up.

I would ask you to wrap up your remarks quickly. We can then move on to the question period.

You'll have a chance to add more comments later.

[François Côté]

In closing, we believe that the proposed regulations are founded on a good idea, but their scope is disappointing. We urge you to expand their scope in a meaningful way.

[The Chair, Liberal, Yvan Baker]

Thank you very much, Mr. Boucher and Mr. Côté.

We will now move on to the question period with members.

Mr. Dalton, you have the floor for six minutes.

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Thank you very much to the witnesses for their testimony.

Both panels raised the issue of timelines. It took 30 months, more than two years, to get to where we are now.

This problem is happening everywhere in the Liberal Government of Canada, whether it be the Canada Revenue Agency, Immigration, Refugees and Citizenship Canada or Justice Canada. Processing times, bureaucracy—all of it is extreme.

Are you a little concerned? Even if the government implements these draft regulations, there won't be a lot of changes.

I'll start with the FCFA representatives, and then I'll go to the other witnesses.

[Liane Roy]

Thank you for the question, sir.

Certainly, the regulations should come into force as soon as possible, given the usual process in the public service to implement this type of legislation.

It's taken an enormous amount of time to reach this point, but if we can ensure that they come into force quickly, we also want all the means and resources to be put in place by the government and the public service. We want the regulations to come into force and, in turn, compliance with the act to be enforced as efficiently as possible, because a lot of time has already been wasted.

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

What's your opinion, Droits collectifs Québec?

[François Côté]

For our part, we welcome the government's good intentions to adopt regulations, but we take issue with the delays, which are beyond unacceptable.

The current government and its predecessor don't necessarily have the best track record when it comes to motivation, at least in the efficient and effective sense of the term, when it comes to defending the French language. We can only hope that the regulations will be improved for greater efficiency and that they will come into force as soon as possible.

It's been a long time coming. It's time to move forward, improve them and pass them so that it doesn't take even longer for them to start having an impact on the ground.