Part 5 – Division 1
Questions & Answers
Building High-Speed Rail Faster
Official Languages Act Application
Q: Why is it necessary to extend Official Languages Act (OLA) obligations to any entity operating the high-speed rail network?
A: This large scale, federally supported infrastructure initiative uses a public-private partnership model, meaning the entity contracting with Alto in regard to the operations or maintenance of the high-speed rail network (i.e. the Private Partner or its assign or successor) and the entities operating a railway that is part the high-speed rail network (High-Speed Railway) or the passenger rail services between Quebec City and Windsor (Local Services) will assume certain responsibilities currently handled by VIA Rail Canada Inc. (VIA Rail), which is already subject to the OLA. Extending these obligations help make the entity accountable for the protection of official languages in its operations, including in their public facing activities and for their employees, including the VIA Rail employees that will be transferred.
Q: What specific responsibilities will such entities have under the OLA?
A: The Private Partner will be required to comply with all parts of the OLA. Operators will be subject to certain OLA requirements, including the requirements of Parts IV through VI of the OLA, which relate to services and communications with the public, language of work, and the participation of English and French-speaking Canadians in the work force. All of this supports the upholding of official language obligations during the initiative’s operation and maintenance phase.
Q: How will compliance by the Private Partner or operator be ensured?
A: As part of their language obligations under the OLA, the Private Partner and operators are also subject to the provisions of Parts IX and X of the OLA, which provide a number of measures regarding compliance and remedies.
Q: Has a similar approach been taken in the past with public-private partnerships?
A: Yes, a precedent exists with the privatization of Crown corporations such as Air Canada and with the transfer of airport administration to local airport authorities. The Air Canada Public Participation Act provided that the OLA continued to apply to Air Canada, following its privatization. Similarly, where the Minister of Transport has leased airports to local airport authorities, the Airport Transfer (Miscellaneous Matters) Act provides that various Parts of the OLA apply to the local airport authorities as if they were federal institutions. This measure follows a similar approach to those precedents and supports consistent application of official language obligations for the Private Partner and the operators of the Local Services and the High-Speed Railway that are involved in the initiative.
Q: How does this measure affect VIA Rail employees that will be transferring to the operator of the Local Services?
A: The measure protects workplace language rights provided under Part V of the OLA for employees of the Private Partner or operator, including those that will be transferring from VIA Rail to the entity operating the Local Services. In other words, these employees will continue to have the right to use either official language in accordance with Part V of the OLA.
Q: Does this measure impose additional costs or delays on the initiative?
A: The measure is designed to integrate smoothly into the initiative’s existing framework. Since VIA Rail and Alto already adhere to OLA obligations, extending OLA obligations to the Private Partner or operator supports consistency when providing railway services to Canadians and for existing VIA Rail employees that will be transferred in regard to the initiative. These are necessary to uphold Canada’s commitment to bilingualism, particularly in the context of an initiative that will operate in regions where both official languages are widely used.
Q: What happens if any entity deemed to be a federal institution for the purposes of the OLA under the High-Speed Rail Network Act fails to comply with the OLA?
A: As such entity are subject to the OLA, a failure to comply with the OLA would subject them to the OLA’s measures regarding compliance and remedies, which are set forth in Parts IX and X of the OLA.