New official languages penalty regime fails to consistently protect language rights for travellers: Senate report

Ottawa – A new framework governing administrative monetary penalties for transportation-sector entities that provide passenger services — intended to better equip the Office of the Commissioner of Official Languages to enforce the Official Languages Act — is too burdensome to be effective, according to a Senate committee report released May 7, 2026.

The Senate Committee on Official Languages has been studying draft regulations that will allow the commissioner to impose administrative monetary penalties of up to $50,000 on certain federal transportation entities that fail in their obligation to communicate with the public and provide services in both official languages.

However, the committee found that while this new tool is meant to ensure greater compliance with the Official Languages Act, its administrative burden limits the commissioner’s flexibility and could discourage its use altogether.

When the final version is adopted, Air Canada, VIA Rail Canada, Marine Atlantic and designated airport authorities will be subject to the new penalty regime. However, other entities that meet the criteria outlined in the legislation are excluded.

The committee recommends adding to the list of regulated entities the Canadian Air Transport Security Authority and port authorities that provide communications and services to the public. That way, the commissioner will be able to impose penalties in a consistent manner.

Among the report’s recommendations, the committee urges the federal government to establish clearer guidelines regarding the consequences for repeated or systemic violations.

Quick Facts

• The federal government elaborated on its approach to administrative monetary penalties through tabling draft regulations — a tool to implement part IV of the Official Languages Act — in November 2025. The proposed regulations were published in Part I of the Canada Gazette on March 7, 2026, to allow for public consultation before final adoption.
• Between February and April 2026, the committee received briefs about these draft regulations and heard from the following witnesses: the Office of the Commissioner of Official Languages, Air Canada, VIA Rail Canada, the Fédération des communautés francophones et acadienne du Canada, representatives from Heritage Canada and Marc Miller, the minister responsible for official languages.

Quotes

“The Office of the Commissioner of Official Languages must be empowered to hold passenger transportation companies to account. But it must also be able to use its new authority effectively to ensure compliance with public service and communications obligations in a meaningful way.”

- Senator Allister Surette, Chair of the committee

“The proposed administrative monetary penalty regime falls short of ensuring a consistent experience for travellers in Canada. The federal government must do everything in its power to ensure the regime meets expectations.”

- Senator Rose-May Poirier, Deputy Chair of the committee

Associated Links

• Read the report: Proposed Official Languages Administrative Monetary Penalties Regulations
• Follow the committee on social media using the hashtag #OLLO.
• Subscribe to email alerts for Senate committees.
• Sign up for the Senate eNewsletter.

For more information:

Jérémie Spadafora
Communications Advisor | Senate of Canada
343-550-6111 | Jeremie.Spadafora@sen.parl.gc.ca