LOCATION: National
Issue/Source: The media has reported that the Canadian National Railway (CN) board of directors currently does not have any francophones following the resignation of former director Jean Charest on April 1 and the departure of its former francophone President and CEO, Jean-Jacques Ruest. The Standing Committee on Official Languages (the Committee) has invited the directors of CN to a two-hour meeting to answer questions from parliamentarians on the board’s composition and CN’s respect for official languages. The Minister of Transport has been invited to participate at this meeting to update the Committee on what steps the government intends to take to ensure that the Official Languages Act is enforced at CN.
DATE: April 28, 2022
Suggested Responses
- The Government of Canada is committed to ensuring that federally regulated companies that serve the public reflect our values and our society. In such companies, a board of directors should reflect our two official languages to promote Canadian inclusion and diversity. I urge the leadership at Canadian National Railway to embrace these Canadian values.
- My colleague Minister Pettipas Taylor, Minister for Official Languages, is taking action to strengthen the French language in our federally regulated private sector through the introduction of Bill C-13. This Bill issues a series of legislative proposals to amend the Official Languages Act that better support the substantive equality between Canada’s official languages.
- Transport Canada is committed to supporting initiatives that promote compliance with the Official Languages Act within the transportation sector.
BACKGROUND INFORMATION
- On April 25, 2022, the House of Commons Standing Committee on Official Languages adopted a motion to invite the directors of Canadian National Railway (CN) following the controversy caused by the absence of Francophones (native French speakers) on the board of directors of this major Canadian rail carrier.
- While a senior French-speaking executive at the company says he is not aware of any language incidents within the company, it was reported in the press that Teamsters union leaders, who represent locomotive engineers, conductors and yardmasters, had sent a letter on April 16, 2020 to then president and CEO, Jean-Jacques Ruest, alleging difficulties and even "impossibilities" for some members to communicate in French. A second letter was sent seven months later as there appeared to be no progress. The same union leaders sent a letter to the new president since January 2022, Tracy Robinson, who does not speak French, but has begun taking French lessons
- On April 26, 2022 CN issued a press release noting that its board has launched a search for a Francophone and Quebec-based director to be appointed in the coming months, following the resignation of former board director Jean Charest on April 1, 2022.
- CN is one of Canada's two largest Class I railroads and specializes in the transportation of freight. Pursuant to section 15 of the CN Commercialization Act, CN retained its official language obligations after it was privatized in 1995. The Official Languages Act continues to apply to CN as a federal institution within the meaning of that Act.
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- All federal institutions are subject to the Official Languages Act, and in particular, obligations regarding communications with and services to the public in both official languages.
- Several former Crown corporations - including Air Canada, CN, and NAV CANADA - also have obligations under the Official Languages Act, and these linguistic obligations are set out in their respective enabling legislation.
- Under the Official Languages Act, CN as a federal institution “must provide services in the official language of choice without delay, and the services must be of equal quality regardless of language of choice.”
- CN only transports freight and does not offer passenger services.
- On March 1, 2022, the Minister for Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency tabled Bill C-13 (An Act for the Substantive Equality of Canada’s Official Languages).
- Bill C-13 includes several provisions to modernize and strengthen the Official Languages Act and its related instruments, including by expanding the scope of the Commissioner of Official Languages’ powers by adding an administrative monetary penalty regime covering a targeted category of institutions that provide service to the travelling public (Air Canada, VIA Rail, Marine Atlantic Inc., and certain National Airport System airport authorities).
- However, there is no provision dealing with the boards of directors of Crown corporations or former Crown corporations.
- As CN is a private company, the Minister of Transport does not participate in the appointment of its board. However, Transport Canada is committed to supporting initiatives that promote continued compliance with the Official Languages Act within the transportation sector.