Case information

Official languages — Airport authorities — Transfer of the administration of airports pursuant to the Airport Transfer (Miscellaneous Matters) Act — Obligations pursuant to the Official Languages Act for the local bodies operating airports — Are the authorities subject to the “head office rule” created by s. 22 of the Official Languages Act, or was that the rule excluded by the Airport Transfer (Miscellaneous Matters) Act? — What is the proper definition of the “travelling public” under the Official Languages Act? — What test should be used to determine when a communication of service is intended for the travelling public, rather than the general public? — Can an applicant under s. 77 of the Official Languages Act receive damages from any contravention of the Official Languages Act, even if the applicant’s own personally-held language rights are not implemented by that contravention? — Official Languages Act, R.S.C. 1985, c. 31 (4th Suppl), ss. 22, 23 and 77 — Airport Transfer (Miscellaneous Matter) Act, S.C. 1992, c. 5, s. 4(1)

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In January 2018, the respondent, Mr. Thibodeau, filed six complaints under the Official Languages Act, R.S.C. 1985 (4th supp.) (OLA) with the intervener, the Commissioner of Official Languages of Canada against the appellant, St. John’s International Airport Authority (SJIAA) with regards to the violation of ss. 22 and 23 of the OLA related to the language of communication and services. In summary, Mr. Thibodeau alleged that the SJIAA: (1) has an exclusively English presence on social media such as Facebook, YouTube and Instagram; (2) has a website with an English-only URL and of which the French version is not of equal quality to the English version; (3) publishes its press releases in English only; (4) makes certain documents on its website, including annual reports and its master plan, available in English only; (5) uploads content on Twitter almost exclusively in English; and (6) displays certain automated teller machine (ATM) signage in English only within the airport.

Mr. Thibodeau’s complaints resulted in the issuance of two separate reports by the Commissioner: the first addressed the complaints concerning various types of content posted on social media and online, while the second focused on the complaint related to the ATM. With respect to the first complaint, the Commissioner found that the OLA had been breached. The Commissioner recommended that all content posted by SJIAA, both on social media and online, be of equal quality in both official languages. With respect to the second complaint, because the Official Languages Regulations expressly designates ATMs as a service within the meaning of s. 23(2) of the OLA, the Commissioner concluded that the OLA had been contravened. However, given that the SJIAA had, by the time the report was issued, already replaced the signage with universally recognizable pictograms, the Commissioner declined to issue any recommendations and closed the file.

Following the issuance of the Commissioner’s recommendations, Mr. Thibodeau commenced an application under s. 77 of the OLA, seeking a declaration that the OLA had been breached and requesting that the Court order SJIAA to issue a letter of apology and award him $9,000 in damages. The Federal Court has granted the application for a remedy and ordered the payment of $5,000 in damages against SJIAA. The majority of the Federal Court of Appeal dismissed the appeal.