1. Introduction
Page 3 of 8
1.1 Institution profile
The Halifax International Airport Authority operates the Halifax Stanfield International Airport. It is the region’s principal full-service airport providing passengers and cargo clients with access to markets across the country, the United States and Europe. It is the only airport in Atlantic Canada to offer United States pre-clearance. The airport contributes $1.15 billion to the provincial economy and is responsible for almost 12,000 direct and indirect jobs. The total employee population at the airport is approximately 5,400, of which fewer than 150 are Airport Authority employees. Total revenues for the Airport Authority in 2007 were $56.6 million. The airport welcomes close to 3.4 million passengers annually, and is an internationally recognized leader in customer service, having received first place awards in the global Airport Service Quality program for the past five years.
The Airport Authority’s Board of Directors consists of up to 14 directors: 10 appointed by nominating entities (federal, provincial and municipal governments, and the Halifax Chamber of Commerce) and a maximum of four appointed by the Board itself. The Board has established four committees: Governance, Audit, Capital Project and Executive. The Airport Authority’s Executive Management Team is comprised of the President and Chief Executive Officer; Vice President, Finance, Chief Financial Officer and Chief Strategy Officer; Vice President, Infrastructure and Technology; Vice President, Corporate Communications, Retail and Community Development; Vice President, Operations; Vice President, Marketing and Business Development; and Vice President, Human Resources.
The Airport Authority’s mission, updated in 2008, is to connect Nova Scotia to the world through flight. Its vision is to deliver the best airport experience in the world through great people.
The Airport Authority recognizes that it is in the service business and its ultimate goal is to make every moment passengers spend within their building fresh and engaging. Its management is determined to do even more to provide passengers with exceptional service and that is why a broad range of technological improvements have been introduced to make life easier for travellers and to help the airport run even more smoothly. The Airport Authority also commissioned a study to ask passengers, employees, tenants and local residents what new services they would like to see. That process demonstrates another aspect of the Airport Authority: its commitment to listen to and work with its partners—tenants, airlines, stakeholders, different levels of government and the neighbouring community.
The Airport Authority is a locally controlled, non-share capital corporation. As a private corporation in a competitive field, it must generate revenue in order to maintain the airport and ensure future growth. To maintain its status as the hub aviation complex for Atlantic Canada, the Airport Authority has embarked on a multi-year Airport Improvement Program. Several phases of this ambitious program have already been completed.
1.2 Legislative framework
Most of Canada’s largest airports were owned and operated by Transport Canada before Parliament adopted the Airport Transfer (Miscellaneous Matters) Act (ATMMA) in 1992. Under the ATMMA, the federal government retains ownership of Canada’s largest airports, but transfers the operations to not-for-profit, community-based airport authorities. The ATMMA provides for the continuing application of certain parts of the Official Languages Act to airports transferred by lease or by sale:
Application of Official Languages Act
4. (1) Where the Minister has leased an airport to a designated airport authority, on and after the transfer date, Parts IV, V, VI, VIII, IX and X of the Official Languages Act apply, with such modifications as the circumstances require, to the authority in relation to the airport as if
(a) the authority were a federal institution; and
(b) the airport were an office or facility of that institution, other than its head or central office.1
The Airport Authority was incorporated on November 23, 1995. As a result of the National Airports Policy, the Airport Authority took over the management of the Halifax Stanfield International Airport on February 1, 2000. Transport Canada kept the role of landlord and regulator. The Airport Authority has a 60-year lease with Transport Canada, and a 20-year renewal option may be exercised.
Pursuant to section 4 of the ATMAA, the Airport Authority is therefore subject to certain parts of the Official Languages Act and its regulations as if it were a federal institution. One of the most important parts applicable to airport authorities is Part IV (Communications with and Services to the Public), which imposes a number of obligations relating to communications and the provision of services to the public in both official languages. In addition to imposing obligations with regard to members of the general public, Part IV also specifies particular obligations concerning communications with and services to the travelling public:
Travelling public
23. (1) For greater certainty, every federal institution that provides services or makes them available to the travelling public has the duty to ensure that any member of the travelling public can communicate with and obtain those services in either official language from any office or facility of the institution in Canada or elsewhere where there is significant demand for those services in that language.
(2) Every federal institution has the duty to ensure that such services to the travelling public as may be prescribed by regulation of the Governor in Council that are provided or made available by another person or organization pursuant to a contract with the federal institution for the provision of those services at an office or facility referred to in subsection (1) are provided or made available, in both official languages, in the manner prescribed by regulation of the Governor in Council.2
For the purposes of section 23(1) of the Act, all airports handling at least one million passengers per year are considered to have significant demand, and must therefore communicate with and offer services to the travelling public in both official languages. Section 12 of the Official Languages (Communications with and Services to the Public) Regulations also defines which contracted services must be provided to the travelling public in both official languages:
Contract for Services to the Travelling Public
12. (1) For the purposes of subsection 23(2) of the Act, services to the travelling public are the following:
(a) restaurant, cafeteria, car rental, travel insurance, ground transportation dispatch, foreign exchange, duty free shop and hotel services;
(b) self-service equipment, including automated banking machines and vending machines, and the provision of instructions for the use of public telephones and electronic games; and
(c) passenger screening and boarding services, public announcements and the provision of other information to the public, and carrier services, including counter services for tickets and check-in but excluding carrier services in respect of buses provided at railway stations or ferry terminals.
(2) Where a service referred to in subsection (1) is provided by means of printed or pre-recorded material, such as signs, notices and menus, car rental contracts and travel insurance policies for the travelling public, the material shall be provided in both official languages.
(3) Where a service referred to in subsection (1) is provided by means other than those referred to in subsection (2), the service shall be offered to the travelling public by such means as will enable any member of that public to obtain those services in the official language of his or her choice.3
Despite the scope of the obligations imposed on airport authorities by the various sections of the Official Languages Act and, in particular, the provisions of Part IV that remain applicable to the general public, it was agreed with the Airport Authority that we would focus our examination only on the management of the official languages program established for the provision of communications with and services to the travelling public. The Commissioner will continue to work with the Airport Authority and other airport authorities beyond the reach of this agreement to promote linguistic duality in their dealings with all clients.
Notes
2. Official Languages Act, Part IV, section 23.
3. Official Languages (Communications with and Services to the Public) Regulations, section 12.
