National Capital Commission:
(a) The NCC commercial tenants are not considered “service providers” on behalf of the NCC, but rather are private commercial businesses that lease space in NCC owned property. NCC leases dated as early as 1974 include a clause relating to official languages.
(b) NCC leases stipulate that tenants shall maintain on the leased premises an adequate staff of employees to provide service to the public in both official languages of Canada. Leases also stipulate that all signs, menus, and promotional material shall be in both official languages of Canada, and that signage of the lessee affixed to the exterior of the leased premises and any window signage visible to the passing public, must be in both official languages of Canada. These requirements are typically associated with commercial establishments on NCC owned property.
(c) Some of the leases were assumed by the NCC as the result of property acquisition or by the transfer of ownership and do not include the requirement regarding the provision of services in both official languages. However, such provisions will be added to the rental terms as these leases are renewed. Such properties include: 96-100 Sparks, Tim Horton’s restaurant, office space and retail; 30 Metcalfe, Hong Kong Bank and offices; 123 Queen Street, Oscar’s restaurant; 134 Sparks, Shawarma restaurant, all in Ottawa; and 101 rue Montcalm, Lotus Thai restaurant, in Gatineau, Quebec.
(d) The NCC has taken a collaborative approach to obtain compliance by appealing to the lessees' business sense to obtain their co-operation when a deficiency is reported through a complaint or otherwise. In order to enforce the conditions regarding the provision of services in both official languages, the NCC or its agents inspect leased premises to monitor progress, contact tenants by telephone and send letters requesting compliance to the terms of the lease.