Let me put the question another way.
When the Official Languages Act was being modernized, if a requirement had been added to part II that Quebec companies were subject to the Charter of the French Language, would that have been a solution?
Evidence of meeting #36 for Official Languages in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was quebec.
A recording is available from Parliament.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Let me put the question another way.
When the Official Languages Act was being modernized, if a requirement had been added to part II that Quebec companies were subject to the Charter of the French Language, would that have been a solution?
General Counsel, Droits collectifs Québec
Yes, simple as that. It would have been a no-brainer.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
I have another question.
We are faced with a fait accompli today and your counsel wonders whether Minister Roberge was perhaps forced to do it because of pressures from the federal government.
I have completely forgotten my question because I am rushing for time.
Ah, yes, I was going to ask you whether it is possible to change the rules and clearly write into the act that the Office québécois de la langue française will have the mandate to enforce the regulations. In effect, the mandate would be for Quebec only.
Chief Executive Officer, Droits collectifs Québec
Let's be funny and say that the National Assembly can do anything except change a man into a woman. I feel that the House of Commons is also set up to do anything. So, yes, it could amend the act so that the Charter of the French Language would apply.
Liberal
The Chair Liberal Yvan Baker
Thank you, Mr. Godin.
Ms. Mingarelli, the floor now goes to you for five minutes.
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
Thank you, Mr. Chair.
My thanks to all the witnesses for joining us today.
I am going to start with you, Mr. Boucher. In your view, are the regulations for the Use of French in Federally Regulated Businesses Act equivalent to the ones for the Charter of the French Language?
Chief Executive Officer, Droits collectifs Québec
The short answer is absolutely not. As we have written, this act goes much less far. It affects fewer businesses and it provides for no penalties for failing to comply with the act. So no, it's not equivalent at all. As Mr. Godin said, that was announced in advance.
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
In your view, is the federal government within its rights to adopt legislation and regulations in an area of its jurisdiction?
Chief Executive Officer, Droits collectifs Québec
I will let my colleague Mr. Côté respond.
General Counsel, Droits collectifs Québec
We are facing an issue of an overlap of, not to say an encroachment into, areas of jurisdiction on common areas. In language matters, where does the jurisdiction lie? If we are talking about the rights of companies located in Quebec, the jurisdiction, under the Constitution Act, 1867, is with Quebec.
However, the federal government is using its indirect jurisdiction with federally regulated private businesses to invoke the impairment doctrine to encroach on an area of federal jurisdiction. Both governments have jurisdictions here and, in this case, Quebec should have the right to legislate over its own affairs.
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
Thank you very much.
Mr. Chiasson, are you satisfied with the draft regulations in their current form?
Chief Executive Officer, Fédération acadienne de la Nouvelle-Écosse
I feel that the draft is heading in the right direction and that it can be of some support to us if we can really be assured that federally regulated private businesses are able to provide services in French.
However, it does not go far enough in designating regions. I feel that there is a way to provide services without it becoming too much of a burden for the companies. As I mentioned in my presentation, a branch in a major area like Halifax can provide services in French and it wouldn't cost any more. All French-speaking employees could be brought together in one location. There could even be a French-speaking workplace.
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
Do you have any changes or amendments to suggest to the committee today?
Chief Executive Officer, Fédération acadienne de la Nouvelle-Écosse
Yes, I certainly do. If the recommendations that the Fédération des communautés francophones et acadienne, the FCFA, submitted to you on Tuesday, May 26, could be implemented, I feel that they would be a huge help in designating regions.
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
Thank you.
Mr. Chair, how much time do I have left?
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
Okay.
In the draft regulations, how do you feel about the suggested regions with a strong francophone presence?
Chief Executive Officer, Fédération acadienne de la Nouvelle-Écosse
I feel that, when we talk about regions with a strong francophone presence, we are talking about 20% of the francophones. That number goes down if we include more regions, which is what we have to do.
If we really want to have an impact, and if we are sincere in saying that we want the act to be good for the francophone and Acadian communities and to help them, we must include all regions with a francophone or Acadian presence, as marked by a social and recreational life.
Liberal
Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON
Could you tell me your first reaction to the suggestion that the FCFA has made to our committee in terms of the dissemination areas?
Chief Executive Officer, Fédération acadienne de la Nouvelle-Écosse
We support the proposed recommendations that the committee received from the Fédération des communautés francophones et acadienne.
Liberal
Liberal
The Chair Liberal Yvan Baker
Thank you, Ms. Mingarelli.
On behalf of the committee, I would like to thank all the witnesses for being here, for their work and for their evidence.
Colleagues, we are going to have a short pause in order to change our group of witnesses. The other witnesses will join us in a few minutes.
Thank you, everyone.
Liberal
The Chair Liberal Yvan Baker
Colleagues, we'll resume the meeting.
Welcome back to meeting number 36 of the Standing Committee on Official Languages.
Pursuant to Standing Order 108(3)(f) and the motion adopted on April 21, we're meeting today to study the draft regulations on the use of French in federally regulated private businesses.
I'd like to welcome our new panel. From WestJet Airlines Ltd., we're joined by Lyne Chayer, vice-president, guest experience and vacations, Quebec; and Tristan Joanette, legal counsel.
You have five minutes for your opening remarks. We'll then move on to questions from the members. You have the floor.