A federal watchdog says Public Services and Procurement Canada’s handling of contracts with freelance interpreters on Parliament Hill was “unreasonable” in his review of complaints from more than half of the roster of freelancers.

A group of freelance interpreters working for the federal government had initially refused to renew their contracts after the Translation Bureau under Public Services and Procurement Canada (PSPC) introduced what they said were “egregious” amendments to their contracts last summer. Forty of them filed complaints to the Office of the Procurement Ombud (OPO) between June 25 and July 11, 2024, which have been under review since.

Procurement Ombud Alexander Jeglic’s Jan. 13 report from the review of those complaints found that PSPC-proposed amendments to interpreters’ contracts would substantively change the initial terms to which they had agreed.

Suppliers to the federal government can file complaints with the OPO, which can help resolve procurement disputes between suppliers and federal organizations. The OPO review focused on the 37 complaints that raised the same key issues after three interpreters withdrew their complaints. 

The review highlighted that the proposed changes would reduce the hours interpreters could bill the government, ultimately leading to reducing the amount of money they would be paid for the same amount of work.  

Jeglic found that the department’s position during the amendment’s negotiation was “unreasonable in the circumstances” as it had contradictory messages, did not allow enough time for interpreters to consider or negotiate the proposed changes, and did not provide suppliers with responses and clarifications. According to the OPO report, interpreters were also pressed with urgent deadlines, and were told that they must sign on to the proposed changes within a short window otherwise their contracts would expire.

Jeglic’s report highlighted that the initial contract between the freelancers and the government indicates extensions to contracts would have to be “under the same conditions,” and that PSPC’s actions of proposing an amendment to exercise the option year while simultaneously changing the terms of the contract violates rules. The contracts were individually awarded to the interpreters between Sept. 21-25, 2023, with values ranging from $11,300 to $452,000, taxes included. The initial period for all contracts was set to expire on June 30, 2024, unless PSPC exercised the option to extend them to June 30, 2025.

Nicole Gagnon, a freelance interpreter and advocacy lead for the International Association of Conference Interpreters Canada, told The Hill Times that her association is “pleased” with the ombud’s findings. Gagnon said PSPC’s proposed changes were “material and unilateral,” and that freelancers were not consulted on the matter prior to the department giving notice to extend the contracts with those problematic changes. According to Gagnon, the reaction to changes is not about the money, but is about the amendments changing the way interpreters work.

“An interpreter works by the day—not the hour, nor the minute. On the Hill, interpreters work four hours at the microphone in hybrid or virtual mode, which does not include prep time for each committee, nor overall availability,” Gagnon explained.

According to Gagnon, PSPC sought to implement “a stop-watch system,” which means for every suspension or break or a vote called in the House—during the course of a parliamentary committee, as an example—would be time deducted from the four hours an interpreter works.

“It’s as if, when you take a taxi, you did not pay for the driver for time stopped at a red light or spent in traffic,” Gagnon said. “Whether the committee is suspended, it is counted in the time we’re there because once the committee is suspended, it’s not as if we can take off and have a coffee. We have to remain in the booth and be at the ready.” 

According to Gagnon, there are approximately 70 freelancers on the Hill who provide interpretation in official languages.

In a press release, Jeglic called the review “significant” as the number of complaints represents the highest number of written objections the OPO has ever received regarding the administration of contracts.

“While this is an unfortunate situation, we are encouraged to see that more Canadian suppliers are requesting our services,” Jeglic said.

The review noted that the department’s approach was inconsistent with the government’s directives on procurement management to foster fairness, transparency, and collaboration with suppliers. However, the review found no evidence of “bad faith” or “intent to deceive” by PSPC.

Jeglic’s report also highlighted that PSPC took “positive steps” to address the contractual issues, and 36 out of the 37 interpreters signed new contracts with resolutions proposed by the department last July. Gagnon explained that the majority of the interpreters were “quite willing” to sign on the revised contracts once PSPC withdrew the amendment that was “unacceptable to them.”

“We expect PSPC to abide by the conditions of the contract. You cannot have one party changing a contract unilaterally, and this is what has occurred in this case,” Gagnon said. 

The revised contract with the amendments approved by the interpreters will expire on June 30, 2025, at which point the terms will be negotiated again, she added.

Gagnon underlined that a “great concern” to parliamentary interpreters is the Translation Bureau’s move to hire non-accredited interpreters to address the shortage of federal interpreters in Ottawa. Gagnon said such a change would threaten the quality of the service being provided to parliamentarians. The 2024 federal budget included more than $35-million in funding for the bureau with the goal of boosting interpretation capacity. 

The matter of auditory health is also another issue for interpreters on the Hill, Gagnon noted, with reports of some suffering from hearing injuries due to earpieces getting too close to microphones. Interpretation capacity issues have put constraints on parliamentary work with reports of House and Senate committee meetings being cancelled due to a lack of available interpretation resources.

ikoca@hilltimes.com

The Hill Times

 

Irem Koca is a Turkish-Canadian journalist who joined The Hill Times in late 2023. She got her start in Canadian media in the Toronto Star's Ottawa bureau, covering federal politics and national stories under the paper's year-long fellowship. With a background in broadcast journalism, she spent several years as a world news reporter at CNN Turkey. Her freelance work on Turkish politics has been featured in The New York Times and Reuters. She is fluent in English and Turkish. See all stories BY IREM KOCA