The Government of Canada is advancing proposed regulations that would enable the Commissioner of Official Languages to impose administrative monetary penalties on certain passenger transportation entities that fail to meet their obligations under the Official Languages Act. This initiative follows the 2023 modernization of the Act and seeks to provide a more effective mechanism for ensuring compliance with language requirements in communications and services to the public. By introducing financial consequences for non-compliance, the Commissioner aims to address recurring issues without resorting to lengthy legal proceedings, complementing existing enforcement tools and promoting voluntary adherence to the Act.

The regulations are designed to achieve several objectives. Primarily, they provide the Commissioner with a proportional and transparent enforcement tool, allowing penalties to be calculated based on clear criteria. This ensures fairness and consistency while clarifying the responsibilities of covered entities. The regulations also aim to strengthen accountability and encourage structural improvements in language practices, fostering sustainable behavioural change within organizations. Ultimately, they seek to reduce breaches of the Official Languages Act and reinforce public confidence in the government’s commitment to protecting language rights.

The entities targeted under the proposed regulations are those that operate in the passenger transportation sector and provide services to the travelling public, specifically Air Canada, Marine Atlantic Inc., VIA Rail Canada Inc., and designated airport authorities as defined in federal legislation. The regulations would apply to all provisions of the Official Languages Act concerning communications and services to the public, as well as relevant sections of the accompanying regulations.

Violations under the proposed framework are classified into three types. Type A includes violations arising from services provided pursuant to a contract, Type B covers other breaches of the Act related to communications and services, and Type C concerns violations that impact public health or safety. Each type carries a defined range of penalties, with Type A violations subject to up to $25,000, Type B up to $50,000, and Type C ranging from $5,000 to $50,000. The Commissioner would determine the exact penalty amount by considering a set of aggravating or mitigating factors, including the frequency or repetitive nature of the violation, its real or potential impact, any corrective measures taken, and the size and level of control of the organization involved. This approach ensures that penalties are proportionate and responsive to the specific circumstances of each case.

The regulations also establish procedural requirements for enforcement. Notices of violation must include a detailed explanation of how the penalty was calculated based on the relevant factors, and documents may be served in person, by registered mail, email, or fax. Payment of penalties is to be made to the Receiver General for Canada.

Canada (Proposed) December 2, 2025
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.