Proposed regulations on administrative monetary penalties under the Official Languages Act

Administrative monetary penalties

Further to the modernization of the Official Languages Act in 2023, the Government of Canada is proposing regulations circumscribing the exercise of a new power available to the Commissioner of Official Languages: the power to impose administrative monetary penalties on certain entities in the passenger transportation sector that are subject to the Official Languages Act.

In wielding a financial deterrent against non-compliance with obligations involving communications with and services to the public in both official languages, the Commissioner will be more effective in addressing recurring complaints in the passenger transportation sector.

This is an administrative tool complementary to the Commissioner’s existing powers. It offers another way to bolster compliance with the Official Languages Act without resorting to legal action.

Objectives of the proposed regulation

The proposed regulations are intended to:

• provide the Commissioner with an additional tool—proportionate penalties based on clear criteria—to encourage the target entities to comply with their Part IV obligations;
• ensure fair, consistent and transparent administration of the regime, while clarifying the responsibilities of the target entities and strengthening their accountability;
• encourage the entities to improve their language practices and invest in preventive measures that are structural in nature;
• promote sustainable behavioural change and greater respect for the language rights of the travelling public; and
• reduce the frequency of breaches of the Official Languages Act and boost public confidence in federal institutions.

Key elements of the proposed regulations

Target entities

The following entities would be covered by the proposed regulations and may be penalized for non-compliance with specific language obligations, as they are subject to Part IV of the Official Languages Act, operate in the transportation sector and provide services to the travelling public:

• Air Canada
• Marine Atlantic Inc.
• VIA Rail Canada Inc.
• Designated airport authorities, as defined in the Airport Transfer (Miscellaneous Matters) Act

Scope of application

The proposed regulations would provide that all provisions of the Official Languages Act that concern communications with and services to the public (Part IV, sections 22 to 30), as well as any corresponding provisions of the Official Languages (Communication with and Services to the Public) Regulations, would be covered by the administrative monetary penalties regime.

Types of violations

Violations come in three types and are classified according to the nature of the language obligation in question:

• Type A: Violations involving services provided pursuant to a contract^{Footnote *}
• Type B: Other breaches of Part IV (Communications with and Services to the Public)
• Type C: Violations relating to public health or safety

Range of penalties

The penalty amount varies according to the type of violation:

• up to $25,000 for a Type A violation
• up to $50,000 for a Type B violation
• from $5,000 to $50,000 for a Type C violation

Determination of amount

The proposed regulations would list a number of aggravating/mitigating factors that the Commissioner of Official Languages must take into account in determining the amount of a penalty. These include:

• the frequency or repetitive nature of the violation;
• the real or potential impact on those affected;
• any efforts to remedy the situation; and
• the size of the organization and how much control it had over the violation.

The proposed regulations contain a complete and exhaustive list of criteria.

This approach seeks to ensure that enforcement is fair, proportionate and tailored to each situation.

Other provisions

The proposed regulations would also specify:

• the information to be included in the notice of violation, including a detailed explanation of how the amount was fixed, based on an assessment of the aggravating/mitigating factors that influenced the decision;
• the methods of service of documents (in person, registered mail, email or fax);
• the terms of payment of penalties to the Receiver General for Canada;
• the coming-into-force date of the Regulations; and
• the obligation to review the Regulations every 10 years to ensure their continued relevance.

Next steps

The draft regulations were tabled in Parliament on November 26, 2025. In accordance with the Official Languages Act, the proposed regulations will be published in Part I of the Canada Gazette to allow Canadians, interested groups and stakeholders to comment before final adoption of the regulations.