Question Period Note: Air Canada's compliance with the Official Languages Act

On November 3rd, 2021, Michael Rousseau, the new President and CEO of Air Canada since February 2021, decided to deliver his first major speech to the Board of Trade of Metropolitan Montreal in English only. On November 8, 2021, the Deputy Prime Minister and Minister of Finance wrote to the Chairman of the Board of Directors of Air Canada to express the disappointment of the Government of Canada, to recall the carrier's commitment, and propose corrective measures.

• We have embarked on an official languages reform with the objective of better supporting the substantive equality between English and French in Canada by strengthening the Official Languages Act.

• Bill C-13 proposes legislative changes which will encourage Air Canada to comply with the Act and provide fully bilingual services to its customers.
• The Commissioner would have expanded powers, including the power to issue administrative monetary penalties for certain federal institutions subject to the Official Languages Act and serving the travelling public.

• Mr. Michael Rousseau was appointed President and Chief Executive Officer of Air Canada in February 2021. Mr. Rousseau's decision to give his first major speech, on November 3, 2021, to the Board of Trade of Metropolitan Montreal in English only, not only shocked political actors, but also generated over 2,000 complaints to the Commissioner of Official Languages (COL), a record. The COL contacted Air Canada to remind the Montreal company's senior management that "bilingualism is a crucial skill for any leader, particularly those in institutions subject to the OLA," as is the case for Air Canada.
o According to a preliminary report by the COL, the complaints alleging that the CEO's speech to the Board of Trade of Metropolitan Montreal last November did not comply with the OLA are well founded.
• On November 8th, the Deputy Prime Minister and Minister of Finance wrote to the Chairman of the Board of Directors of Air Canada to express the disappointment of the Government of Canada as a holder of 6 % outstanding Air Canada shares. She recalled the carrier's commitments to official languages and proposed corrective measures.
• On the same day, the CEO of Air Canada reiterated his firm commitment to learn French and immediately began private and intensive French lessons. Air Canada's board of directors has acceded to the Deputy Prime Minister's request to make French an integral part of its CEO's performance appraisal, and the carrier also promises to review and strengthen its official languages obligations.
• On March 21, 2022, the CEO of Air Canada testified before the House of Commons Standing Committee on Official Languages, “to answer questions from members on the place and importance of official languages”. As a former Crown corporation, Air Canada is subject to the Official Languages Act (OLA), as per the Air Canada Public Participation Act, which prescribes the maintenance of the carrier’s linguistic obligations since its privatization in 1988. Air Canada does not receive federal funding to support its activities relating to official languages. Nevertheless, the company allocates significant resources to provide bilingual services.
• Air Canada is governed by, among others, the Air Canada Public Participation Act which was enacted in 1985. In 2016, an Order designated the Minister of Transport with the application of this law. Section 10(1) states that the OLA applies to Air Canada, and section 10(2) states that “the Corporation shall ensure that air services, including incidental services, are provided or made available by a subsidiary of the Corporation, the Corporation has the duty to ensure that any of the subsidiary’s customers can communicate with the subsidiary in respect of those services, and obtain those services from the subsidiary, in either official language”.
• Several complaints are filed annually against the carrier regarding its shortcomings in providing French-language services to its customers on the ground and in-flight. Some of the complaints have been heard before the courts. A number of investigations have revealed that in-flight and ground services are not always of equal quality in both official languages at all points of service and on all bilingual routes. The Federal Court of Canada has already granted reparations by ordering Air Canada to pay damages to citizens whose rights were violated.
• Air Canada’s obligations in terms of services to the public fall under Part IV of the OLA and its Official Languages Regulations - Communications with the public and provision of services (Regulations) for which the President of the Treasury Board is responsible. The Regulations define the circumstances under which a federal office must communicate with the public and offer them services in French, in English, or in both official languages. Following extensive consultations, the amended Regulations were registered on June 25, 2019. The 2019 Regulations include several substantial amendments, including one that ensures that airports and stations subject to the OLA that are located in provincial or territorial capitals, as well as the federal offices located at these airports, are automatically designated bilingual.
• According to Air Canada, the demand for services in the official minority language on many of its routes is well below the five 5% threshold. Air Canada offers services in both official languages on 85 domestic routes and 161 international routes. Those represent 60 % of the air carrier’s routes where services must be bilingual. This proportion compares to 34% of all 11,300 federal offices, under the umbrella of some 200 federal institutions, in Canada and abroad.
• In 2017, Air Canada confirmed that it was able to assign bilingual staff to all the flights it operates directly, whether they are on high demand or not. The applicable collective agreement also provides for a minimum number of bilingual employees on all flights, depending on the type of aircraft. This assignment rule gives priority to bilingual employees for obtaining routes, going beyond the seniority rule.
• On March 1st, 2022, the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency, accompanied by her colleagues, Minister of Justice and President of the Treasury Board tabled Bill C-13 which provides for, among other things, a strengthening of the COL’s powers. Specifically, the COL will see an improvement in his ability to intervene by adding new powers, including the power to impose administrative monetary penalties on certain privatized entities and Crown corporations that are currently subject to the Act in the area of transportation serving the travelling public.

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