Official Languages fines for travel-sector entities
Canada Gazette, Part I, Volume 160, Number 10: Official Languages Administrative Monetary Penalties Regulations
These proposed regulations (published 2026-03-07) would allow the Commissioner of Official Languages to impose administrative monetary penalties on certain transportation entities for breaches of English–French service obligations under the Official Languages Act. They name Air Canada, VIA Rail Canada Inc., Marine Atlantic Inc. and designated airport authorities as subject entities, set three violation types with defined penalty ranges (Type A up to $25,000, Type B up to $50,000, Type C $5,000–$50,000), and defer Type A penalties for one year after the rules come into force.
Summary
Summary#
This is a proposed set of rules called the Official Languages Administrative Monetary Penalties Regulations (published in the Canada Gazette on March 7, 2026). If adopted, they would give the Commissioner of Official Languages a formal way to fine certain transportation companies and airport authorities for failing to meet their English–French service obligations under the Official Languages Act. The rules are a proposal (not law yet) and are open for comment for 30 days after publication.
What it does#
- Names who can be fined: Air Canada, VIA Rail Canada Inc., Marine Atlantic Inc., and designated airport authorities.
- Covers service and communications duties set out in Part IV of the Official Languages Act and the related Official Languages (Communications with and Services to the Public) Regulations.
- Sets three categories of violations with different penalty ranges:
- Type A (contracted services): up to $25,000 (but fines for Type A cannot be imposed until one year after the rules come into force).
- Type B (most other Part IV breaches): up to $50,000.
- Type C (health/safety/security breaches): $5,000–$50,000.
- Requires the Office of the Commissioner of Official Languages (OCOL) to explain in each notice how a penalty amount was calculated, including which factors were considered (e.g., how serious or repeated the breach was, number of people affected, whether the entity has fewer than 100 employees).
- Defines how notices and other documents must be served (in person, registered mail/courier, or electronic methods with follow-up) and how payment is treated (various methods and what counts as the payment date).
- Says penalties are meant to be a last resort: the Commissioner must first investigate and invite a compliance agreement. Entities have 30 business days to challenge a penalty in Federal Court.
- Includes a required review of the rules every 10 years.
Who's affected#
- Travellers who use airline, rail, ferry or airport services in Canada — they are the intended beneficiaries of better bilingual services.
- Air Canada, VIA Rail Canada Inc., Marine Atlantic Inc., and the designated airport authorities listed under the Airport Transfer rules — these are the organizations that could receive penalties.
- The Office of the Commissioner of Official Languages — it will run the new penalty process and expects implementation costs. The government estimated about $2.7 million in OCOL costs over 10 years to set up and run the system.
- Smaller airport authorities and service contractors may notice different penalty treatment: the rules allow the Commissioner to consider whether an entity has fewer than 100 employees.
- Some bodies are outside the regime (for example, the proposal notes the Canadian Air Transport Security Authority would not be covered).
Why it matters#
- It gives the Commissioner a concrete tool to make companies and airport authorities accountable for English and French service commitments. That could lead to better access to services in the official language chosen by travellers.
- Penalties create a financial incentive to fix recurring or serious problems (for example, repeated failures to provide bilingual customer service or bilingual signage).
- Because fines are a last resort, the regime is meant to push entities toward compliance agreements first.
- There are trade-offs and concerns: stakeholders warned that enforcement costs could be passed on to passengers or that disputes could lead to litigation. The rules try to balance predictability (penalty ranges and listed factors) with discretion for the Commissioner.
- These are proposed regulations. Interested parties have a limited window to comment before any final rules are made.
Key topics
Source: Canada Gazette