Management (15%)

a) An accountability framework, an action plan and accountability mechanisms are in place (5%)

VIA Rail Canada's Executive Committee adopted a new official languages policy in 2006, which includes all the components of an accountability framework. This policy clearly sets out all official languages (OL) roles and responsibilities of the President and CEO, the OL Champion and Co-champion, the Chief Strategy Officer, the Cross-functional Committee on OL, the OL Coordinator, the Director of Training, managers and employees. It specifies the manner in which the obligations provided for under Parts IV, V, VI and VII of the Official Languages Act (the Act) are to be fulfilled. The Action Plan for the Implementation of Official Languages 2006-2007, which was approved by senior management, outlines objectives, planned activities, expected results and timeframes for the implementation of Parts IV, V and VI of the Act.

The achievement of the Action plan's objectives is assessed while preparing the OL Annual Review (quantitative review), which is submitted to the Public Service Human Resources Management Agency of Canada (PSHRMAC) and signed by the President. Various accountability measures are used. Policy compliance is considered when assessing the performance of managers. Discussions also take place at senior management meetings. The Cross-functional Committee on OL tables a quarterly report and the Champion presents regular updates at the Executive Committee meeting.

A

b) Visibility of official languages in the organization (5%)

The chapter on service in VIA's Annual Report indicates that VIA plays an important role in promoting Canada's linguistic duality. VIA demonstrates daily its commitment to offering customers quality services in their official language of choice. However, VIA's Strategic Plan does not refer to OL and internal audit activities do not integrate OL.

The Executive Committee receives a report on the implementation of the OL Program regularly. Some thirty senior managers from all regions attended the presentation made in March 2006. The Champion and Chief Strategy Officer, serves on the Executive Committee. The Cross-functional Committee on OL meets regularly to discuss the implementation of the Act and is responsible for coordinating the organization's efforts with regard to the various parts of the Act.

VIA's Code of Ethics includes a section on the respect of both official languages and the promotion of bilingualism in the organization.

C

c) Complaints (5%)

Complaints are forwarded to the Director of Stakeholder Relations, and are sent to the members of the Cross-functional Committee. A process is in place to review and respond to complaints. The situation is brought to the attention of the person responsible for the area in question who is involved in identifying corrective measures.

Information regarding the nature of complaints as well as the corrective measures put in place to prevent a reoccurrence of similar problems is discussed during the Cross-functional Committee's meetings.

B

Sub-total:

B

Service to the Public - Part IV (25%)

a) Bilingual services advertised to the public and sufficient bilingual staff (3%)

VIA's bilingual points of service (bilingual train stations and routes) are listed in Burolis. A bilingual 1-800 number is published in the white pages of telephone directories across the country. Customers can navigate and make reservations on VIA's website in the official language of their choice.

VIA was not able to provide information regarding a sufficient number of bilingual staff at each of the points of service that are designated bilingual to ensure adequate service in both OL.

D

b) Observations on active offer and service delivery (15%)

According to observations of in-person service made by the Office of the Commissioner of Official Languages (OCOL) between mid-June and mid-July 2006, an active visual offer was present in 83% of cases, an active offer by staff was made in 25% of cases, while service in the language of the linguistic minority was adequate in 88% of cases.

According to observations of service on the telephone made by OCOL between mid-June and mid-July 2006, an active offer by staff or by an automated system was made in 76% of cases, while service in the language of the linguistic minority was adequate in 100% of cases.

C

c) Service agreements delivered by third parties or in partnership provide for the delivery of bilingual services (2%)

Contracts contain a bilingualism requirement and the Contracting Division is responsible for monitoring contracts. VIA pointed out that it is a tenant in two train stations and that it has no control over the other tenants.

C

d) Policy on service to the public and bilingual services quality monitoring (5%)

VIA's Policy on Official Languages includes a section on service to the public and an appendix on active offer. The policy establishes communications and bilingual service delivery requirements, and raises awareness among staff of VIA's commitment to respecting the equality of English and French.

The Service Manager on the train is responsible for ensuring bilingual service by the members of the team (chiefs and train crew), which he briefs before they board the train. VIA frequently sends out train inspectors who ride the route, note any discrepancies and monitor the Service Manager's performance. All new VIA employees must sign the Code of Ethics, which includes a clause on compliance with and promotion of bilingualism within the organization. This is a condition of employment and employees renew their commitment to comply with the Code annually.

A reminder, signed by the Champion, was sent out at the end of June 2006 regarding official languages and active offer. A teleconference with service centre managers was also held. The Director of Stakeholder Relations sent a memo to all his employees stressing the importance of an active offer of service in both official languages and of follow-ups.

VIA monitors customer satisfaction by conducting surveys on various aspects of customer service, including service in both OL.

B

Sub-total:

C

Language of Work - Part V (25%)

a) Language of work policy and adequate bilingual supervision (12.5%)

VIA's Policy on Official Languages includes a section on language of work, which sets out rights and obligations related to supervision, obtaining personal and corporate services, work tools, internal communications, training and professional development.

Linguistic profiles of employees are currently being reviewed and changes have been made to the data collection system. Employees will be assessed on their reading, writing, comprehension and oral knowledge and skills. During its internal employment equity investigation, VIA collected information on the OL preference of employees.

A total of 78% of supervisors in bilingual regions who must supervise employees in both OL are able to do so. (Source: Data from Annual Review of Official Languages, Official Languages Information System (OLIS II), December 31, 2005)

C

b) Use of each official language in the workplace (12.5%)

The Cross-functional Committee on OL made a presentation to the Executive Committee in March 2006 during which the highlights of the Policy on Language of Work were presented. VIA Rail has adopted a strategy to remind supervisors of their obligation to allow employees to choose the official language in which they are supervised. During critical phases of the planning process and the employee performance appraisal cycle, supervisors receive emails on the subject. Meeting chairs remind participants at the beginning of meetings that they are welcome to use the OL of their choice. For annual meetings, a reminder is also issued to employees and documents are provided in both OL.

Both OL are used at Executive Committee meetings. Members of the Executive Committee use the OL of their choice during discussions.

VIA conducts, at regular intervals, employee opinion surveys that includes questions on language of work. Complaints received are also used to monitor the application of the Policy on Language of Work and VIA includes them in its Annual Review to PSHRMAC.

The survey conducted by Statistics Canada on behalf of the Office of the Commissioner of Official Languages, showed that overall, 61% of Francophone respondents in the National Capital Region (NCR), New Brunswick and in bilingual regions of Ontario "strongly agreed" or "mostly agreed" with the language of work regime. In Quebec, 86% of Anglophone respondents "strongly agreed" or "mostly agreed" with the language of work regime.

D

Sub-total:

D

Equitable Participation  - Part VI (10%)

a) Percentage of Francophone participation throughout Canada (5%)

Overall, the workforce is 41.3% Francophone. (Source: OLIS II, December 31, 2005)

A

b) Percentage of Anglophone participation in Quebec (5%)

In Quebec, the workforce is 22.7% Anglophone. (Source: OLIS II, December 31, 2005)

A

Sub-total:

A

Development of Official Language Minority Communities and Promotion of Linguistic Duality - Part  VII (25%)

a) Strategic planning and the development of policies and programs take into account the development of official language minority communities (12.5%)

VIA's Policy on OL states that VIA will support the vitality of official languages minority communities (OLMCs) and their development to the full extent of its mandate. Although the policy sets out VIA's commitments, there is no permanent formal mechanism in place to ensure that strategic planning and the development of policies and programs take into consideration the obligation to support and assist the development of OLMCs.

Further to the amendments to the Act, the new obligations to take positive measures to enhance the vitality of the English and French linguistic minorities in Canada and support their development, were presented by a Canadian Heritage representative at a meeting of the Cross-functional Committee on OL. The Champion gave a presentation to senior management in September 2006 and the Management Committee held discussions on this issue.

The Director of Stakeholder Relations and the Cross-functional Committee, which is responsible for coordinating the organization's efforts with regard to the various parts of the Act, together are responsible for upholding Part VII of the Act. Local managers have some contact with OLMC representatives and consult them when needed, specifically when there are changes to rail service in remote communities.

VIA has designated members of the Cross-functional Committee to serve as liaisons with OLMCs. The Champion met with the Director General of Fédération des communautés francophones et acadienne du Canada to obtain feedback on VIA's Policy on OL and to explore possible partnership opportunities. The meeting report was discussed at the Cross-functional Committee meeting. VIA has not started developing a specific action plan that supports the development of OLMCs, but maintains an ongoing dialogue with representatives of OL minority organizations. VIA has revised its Policy on OL and feels that within the framework of its mandate, its other policies and programs do not adversely affect the development of OLMCs.

In its Policy on OL, VIA indicates that it commits to giving preference to goods and services suppliers from an official language minority group when the best service offers are of equal value. VIA promotes on its website numerous events and tourist attraction, including French and English heritage historical sites, and OLMC events.

VIA's senior management has looked at ways to take into account the needs of OLMCs and has consulted with an organization that represents the interests of the Francophone community but has not begun to develop an action plan.

C

b) Strategic planning and the development of policies and programs take linguistic duality into account (12.5%)

The Policy on OL refers to the promotion of English and French. VIA has indicated that, as a Crown corporation, it plays an important role in promoting Canada's linguistic duality and that the development of policies and programs take into consideration this obligation; however, it does not seem to have developed a well-defined mechanism to meet this obligation.

Further to the amendments to the Act, new obligations to take positive measures to foster full recognition and use of English and French in Canadian society were presented by a Canadian Heritage representative at a meeting of the Cross-functional Committee on OL. The Champion gave a presentation to senior management in September 2006 after which the Management Committee held discussions on this issue.

The Director of Stakeholder Relations and the Cross-functional Committee, responsible for coordinating the organization's efforts with regard to the various parts of the Act, are responsible for upholding Part VII of the Act. Employees have been made aware of the importance of promoting linguistic duality, through the Code of Ethics, which includes a section that explains that bilingualism and the respect of both official languages are corporate values.

After consulting with Canadian Heritage officials, VIA determined that in the context of its mandate, its policies and programs meet the obligation to promote linguistic duality. Consequently, VIA does not intent to conduct a review in this area for the time being.

VIA participates in and promotes Les Rendez-vous de la Francophonie. Furthermore, VIA participates in a number of events including the Governor General's Performing Arts Award, Earth Day and Clean Air Day. VIA is also a partner in PSHRMAC's campaign to raise awareness and promote both OL works with multiple partners for all kinds of special events.

VIA has not begun the process of developing an action plan, but senior management is looking into ways to promote linguistic duality and is already working with partners in a variety of sectors.

C

Sub-total:

C

OVERALL RATING

C