p42 s1 bill 126 b126 e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 126

An Act to promote the maintenance and development of Ontario’s Francophonie Co-sponsors: Ms N. Des Rosiers Mrs. M.-F. Lalonde Private Members’ Bill 1st Reading June 5, 2019 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill replaces the French Language Services Act with a new La Francophonie Act, 2019 that codifies and clarifies the provision of French-language services in Ontario. Here are some highlights of the Bill. The Legislative Assembly shall operate bilingually. Regulations shall be bilingual. Courts and tribunals shall all be able to operate in French and important decisions shall be published bilingually. Government entities shall actively offer services bilingually, including bilingual signage. Municipalities may opt to operate bilingually. Ottawa’s bilingual character is recognized.

Universities may be designated to operate bilingually, and a procedure is set o ut to make such universities’ establishing legislation bilingual. French-language services plans must be made by government entities. The Francophonie of Ontario must be maintained and developed.

There are established or continued an Office de La Francopho nie, an Advisory Council on La Francophonie, a Commissioner of La Francophonie as an officer of the Assembly, a system of French Language Services Coordinators throughout government entities, a language rights support program and a Fund for the Promotion of La Francophonie, all to be funded out of money appropriated for these purposes by the Legislature.

Bill 126 2019

An Act to promote the maintenance and development of Ontario’s Francophonie CONTENTS

Preamble

DEFINITIONS 1.

Definitions PURPOSE AND PRINCIPLES 2. Purpose 3. Principles 4. Provision of services in French LEGISLATIVE DEBATES, WORK AND ACTS 5. Right to use French or English in the Assembly 6. Translation of Acts and regulations 7. Equal authority ADMINISTRATION OF JUSTICE 8. Official languages 9. Bilingual proceedings 10. Decisions 11. Decisions of the Court of Appeal 12. Oral decisions SERVICES 13. Right to French language services 14. Bilingual signage DESIGNATION 15. Restricted designation of government agency providing public services 16. Opinions and comments on the exemption regulation MUNICIPALITIES 17.

By-laws concerning the status of French and English 18. City of Ottawa 19. Progress towards equality UNIVERSITIES 20. Consent of the university 21. Enabling statutes 22. Progress towards equality FRENCH-LANGUAGE SERVICES PLANS 23. French-language services plans 24. Ministerial approval 25. Periodic report PROMOTION OF FRENCH 26. Commitment 27. Coordination 28. Implementation 29. Consultation MINISTER AND EMPLOYEES 30. Minister 31. Office de La Francophonie 32. Advisory Council on La Francophonie COMMISSIONER OF LA FRANCOPHONIE 33. Commissioner of La Francophonie 34. Nature of employment 35.

Remuneration and benefits 36. Office of the Commissioner of La Francophonie 37. Employees 38. Premises and supplies 39. Immunity 40. Mandate

2 41. Complaint investigations at the discretion of the Commissioner 42. Investigations 43. Involvement in litigation 44. Annual report 45. Other reports 46. Publication of reports FRENCH LANGUAGE SERVICES COORDINATORS 47. French Language Services Coordinators GENERAL 48. Appeals 49. Costs and disbursements 50. Language rights support program 51. Fund for the Promotion of La Francophonie 52. Money appropriated by the Legislation 53. Other languages 54. Conflict with other Acts 55. Regulations REPEAL, AMENDMENTS TO OTHER ACTS, COMMENCEMENT AND

SHORT TITLE 56. French Language Services Act 57. City of Ottawa Act, 1999 58. Connecting Care Act, 2019 59. Farm Registration and Farm Organizations Funding Act, 1993 60. Housing Services Act, 2011 61. Local Health System Integration Act, 2006 62. Commencement 63.

Short title

Preamble The “Francophonie,” including the French-speaking Métis, has played a historic and honourable role in Ontario since the 17th century. The Constitution recognized French as an official language in Canada. French is an official language of education and justice in Ontario. The Legislative As sembly recognizes the contribution of the cultural heritage of La Francophonie and wishes to preserve it for future generations. The Legislative Assembly commits itself to fostering the maintenance and development of La Francophonie.

The Legislative Assemb ly undertakes to guarantee the use of French in government agencies and institutions of the Legislature, as provided for in this Act. Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

DEFINITIONS

Definitions 1 In this Act, “Board of Internal Economy” means the Board of Internal Economy established by

section 87 of the Legislative Assembly Act; (“Commission de régie interne”) “Commissioner” means the Commissioner for Ontario’s Francophonie; (“commissaire”) “Francophonie” means the community of people whose mother tongue is French and those who, although it is not their mother tongue, have a special affinity with French; (“Francophonie”) “French-language services plan” means a plan established by government agencies or public institutions under sections 23 and 24; (“plan de services en français”) “government agency” means, (

a) any agency, commission, office or board whose mandate is to perform government functions or to provide government services under provincial law or under the powers of the Lieutenant Governor in Council, (

b) the ministries of the Government of Ontario, Crown corporations established under provincial law and any other agency designated as an agent of Her Ma jesty in right of Ontario or under the control of the Lieutenant Governor in Council or Minister,

3 (

c) municipalities and local boards within the meaning of the Municipal Affairs Act that have passed a by -law under subsection 17 (1), (

d) a not-for-profit corporation or similar organization that provides a service to the public, receives a grant that is levied in whole or in part out of the public purse, and is designated by the regulations as an agency providing public services, including universities and colleges of applied arts and technology, but does not include, unless the regulations designate them as bodies providing public services, (

e) a psychiatric institution, (

f) a long-term care home as defined in the Long-Term Care Homes Act, 2007, (

g) a municipal home or a joint home under

Part VIII of the Long-Term Care Homes Act, 2007, (

h) a home for special care under the Homes for Special Care Act, (

i) a service provider within the meaning of the Child, Youth and Family Services Act, 2017 or a boa rd within the meaning of the District Social Services Administration Boards Act; (“organisme gouvernemental”) “Minister” means the Minister of Francophone Affairs; (“Ministre”) “public institution” means an institution mandated by

an Act of the Legislative Assembly to exercise legislative, executive or judicial powers in the public interest, including professional regulators, officers of the Assembly and court administration; (“institution publique”) “service” means a service or procedure that a government agency or public institution provides to the public, and includes communications made to provide the service; (“service”) “third party” means a person or entity that provides a service on behalf of a government agency. (“ tiers”) PURPOSE AND PRINCIPLES Purpose 2 The purpose of this Act is to, (

a) ensure the protection of French and Francophone cultures; (

b) foster the preservation and development of La Francophonie; (

c) contribute to progress towards the equality of French and English in access to ser vices; (

d) specify the obligations of government agencies and public institutions with respect to La Francophonie; and (

e) require the services of government agencies and public institutions to be offered actively and equally in French and English. Principles 3

(1) The following principles guide the administration of this Act: collaboration and dialogue 1. Collaboration and dialogue between representatives of government agencies and public institutions and representatives of La Francophonie promote the maintenance and development of this community. equality 2. In order to promote the maintenance and development of Ontario’s Francophonie, the provision of services in French may, depending on the nature of the service offered, require content that is distinct from the service offered in English. active offer 3. The concept of active offer is one of the cornerstones underlying the supply and delivery of services in French. Definition

(2) In this section, “active offer” means a set of measures taken to ensure that services in French are clearly advertised, visible, readily available and of equal quality to the services offered in English, and may include communication measures such as digital communication, signage, notices and other service information, as well as first contact with customers. Provision of services in French 4 The Government of Ontario is responsible for the application and enforcement of this Act.

4 LEGISLATIVE DEBATES, WORK AND ACTS Right to use French or English in the Assembly 5

(1) Everyone has the right to use French or English in debates and other proceedings of the Legislative Assembly. Bills and Acts of the Assembly

(2) Bills shall be introduced and passed in both French and English. Records and minutes

(3) The records and minutes of the Legislative Assembly shall be kept in both French and English. Translation of Acts and regulations 6 The Attorney General shall cause to be translated into French the regulations made in Ontario after the day this Act receives Royal Assent. Equal authority 7 The French and English versions of Acts and regulations are that are enacted or made in both languages are equally authoritative. ADMINISTRATION OF JUSTICE Official languages 8

(1) The official languages of courts and tribunals are French and English. Right to use French and English

(2) Everyone has the right to use French or English in all matters before courts or tribunals, including written proceedings, oral pleadings, written pleadings and other documents. No disadvantage

(3) No person shall be disadvantaged because of the election made under subsection (2). Hearings in English unless otherwise stated

(4) Unless the use of French is otherwise provided for, (

a) hearings of courts and tribunals shall be conducted in English and evid ence in another language shall be translated into English; and (

b) documents filed in courts and tribunals shall be in English or accompanied by an English translation certified as true by an affidavit of the translator. Bilingual proceedings 9

(1) A party to a proceeding who speaks French has the right to require that the proceeding be tried as a bilingual proceeding. Rules for bilingual proceedings

(2) The following rules apply to bilingual oral and written proceedings before courts and tribunals: 1. Bilingual oral proceedings shall be heard by individuals who understand French without the assistance of an interpreter or of any technique of simultaneous

interpretation or consecutive

interpretation. 2. Written bilingual proceedings shall be held by individuals who read French and English. 3. If a bilingual hearing is held before a judge and jury, the jury is made up of people who speak French and English. If a bilingual hearing is held without a jury , or in front of a jury, testimony and statements in French or in English are received, recorded and transcribed in the language in which they are presented. 4. Oral testimony given in French or in English during an examination outside of court shall be received, recorded and transcribed in the language in which it is given. 5.

At the request of a party or lawyer who speaks French, but not English, or vice versa, the court shall provide the

interpretation of anything given orally in the other language at the hearings and examinations out of court referred to in paragraphs 3 and 4, as well as the translation of the reasons for a decision written in the other language. Prosecutions

(3) In the case of a prosecution instituted under the Provincial Offences Act by the Crown in right of Ontario, by a government agency or by a public institution, the prosecutor assigned to the case must be a person who speaks French and English.

5 Civil cases

(4) In the case of a civil case brought by or against the Crown in right of Ontario, a government agency or a public institution, the language chosen by the other party that is not the Crown in right of Ontario, a government agency or a public institution is the language for both oral and written proceedings. Same

(5) In a case referred to in subsection (4) in which the

part ies that are not the Crown in right of Ontario, a government agency or a public institution cannot agree on the choice of language or fail to make a choice, the Crown, agency or institution shall use the most appropriate official language in the circumstances. Appeal

(6) In the case of an appeal brought in a proceeding that is being tried as a bilingual proceeding, a party who speaks French has the right to require the appeal to be heard by a judge or judges who speak, read and understand French and Englis h without the assistance of an interpreter or of any technique of simultaneous translation or consecutive

interpretation, and subsection (2) applies, with necessary modifications, to the appeal. Translation

(7) At the request of a party, the court shall p rovide for the translation into French or English of the documents or pleadings in a criminal proceeding or in a proceeding before the Family Court of the Superior Court of Justice, the Ontario Court of Justice or the Small Claims Court written in the other language.

Interpretation

(8) If, in a hearing to which paragraph 4 of subsection (2) does not apply, a party acting on its own behalf makes representations in French or if a witness gives oral testimony in French, the court shall provide

interpretation in English. Parties who are not natural persons

(9) A corporation, a partnership or a sole proprietorship may exercise the rights conferred by this

section on the same basis as a natural person, unless the court orders otherwise. Decisions 10

(1) The decisions or orders of courts and tribunals, including reasons and summaries, shall be published in French and in English, if, (

a) the point of law in issue is of interest or importance to the public; or (

b) the proceedings were conducted in French or in both languages, in whole or in part. Delay

(2) In the cases referred to in subsection (1), if the publication of a bilingual version would result in a delay that would be prejudicial to the public interest or that would cause an injustice or serious incon venience to one of the parties to the dispute, the decision, including any explanatory memorandum, shall be published first in one of the languages and then as soon as possible in the other language. Decisions of the Court of Appeal 11 The decisions of the Court of Appeal are deemed to satisfy the criteria in subsection 10 (1).

Oral decisions 12 Sections 10 and 11 do not have the effect of prohibiting the oral pronouncement in one language of a decision or reasons, and such a decision is not invalid. SERVICES Right to French language services 13

(1) Every person is entitled to use French or English, in accordance with this Act, to communicate with and receive services of a government agency or public institution. Active offer

(2) Every government body and every public institution shall actively offer its services in French and English. Exemption

(3) A government agency or public institution is exempt from its obligations under subsection (1) if all reasonable steps have been taken and all reasonable proposals have been made to enforce this Act.

6 Condition for exemption

(4) A government agency or public institution that intends to avail itself of an exemption under subsection (3) shall show reasonable steps and proposals that have been made to comply with this Act in its French-language services plan. Written communications to the public

(5) Written communications to the public by or on behalf of a government agency or public institution shall be made in French and in English. Services offered by a third party

(6) Every government agency and public institution shall ensure that all services that a third party provides to the public on its behalf are provided in accordance with this Act. Bilingual signage 14

(1) Government agencies and public institutions shall, (

a) display their public signs, including emergency and exit signs, in French and English; (

b) display and distribute their posters and advertisements, if any, in both French and English; and (

c) ensure that the French text of their public signs, other signs, posters and commercial advertising is as prominent as the English text. Regulations

(2) The Lieutenant Governor in Council may make regulations providing for the gradual replacement of public signs and other signs referred to in subsection (1 ) that, at the time of the coming into force of this Act, do not comply with the requirements of this Act. DESIGNATION Restricted designation of government agency providing public services 15

(1) A regulation designating a government agency that provides public services may restrict the scope of the designation so that it relates only to specific services that the agency provides, or specify the services that are excluded from the designation. Extension of designation

(2) A government agency that was, bef ore this Act came into force, the subject of a designation regulation as a body providing public services is deemed to have been designated for the purposes of this Act. Opinions and comments on the exemption regulation 16

(1) This

section applies to a regulation, (

a) to exempt a service under subsection 15 (1); (

b) to revoke the designation of a government agency that provides public services; or (

c) to amend a regulation that designates a government agency that provides public services to exclude or r emove a service from the scope of the designation. Notice

(2) A regulation that this

section applies to may be made only after the expiry of a period of not less than 45 days after publication, in the Ontario Gazette and a media service generally read in Ontario, of a notice setting out the substance of the proposed regulation and inviting the Commissioner and the public to address their comments to the Minister. Consideration

(3) Before making a regulation under this section, the Lieutenant Governor in C ouncil shall consider the comments of the Commissioner and the public. Changes without further notice

(4) After the expiry of the 45 -day period, the Lieutenant Governor in Council may, without further notice, make any amendment to the regulation that contains any changes that the Lieutenant Governor in Council considers desirable. MUNICIPALITIES By-laws concerning the status of French and English 17

(1) The council of a municipality may pass a by -law providing that the administration of the municipality s hall be in both French and English and that the municipal services to the public, or a specified part of those services, shall be provided in those two languages.

7 Right to services in French and English

(2) Where a by-law under subsection (1) is in force, every person is entitled to use French or English to communicate with any office of the municipality and to receive the services referred to in the by -law. Reduction of services in French

(3) A by-law revoking or amending a by-law under subsection (1) so as to reduce the supply of municipal services in French or to restrict the status or use of French in the adm inistration of the municipality shall be adopted only after the expiry of a period of not less than 45 days after the publication of a notice sett ing out the substance of the proposed by -law and inviting the Commissioner and the public to submit their comments to the council of the municipality and to the Minister. Consideration

(4) Before passing a by -law under subsection (1), the council shall co nsider the comments of the Commissioner and the public. City of Ottawa 18

(1) The bilingual character of the City of Ottawa is recognized. Existing by-law

(2) Regulation 2001-170 (Bilingualism) of the City of Ottawa is deemed to be a by-law made under subsection 17 (1) of this Act. Progress towards equality 19 Sections 17 and 18 do not limit the power of the City of Ottawa or other municipalities to promote the advancement of equality of status and use of French and English. UNIVERSITIES Consent of the university 20 A regulation made under this Act designating a university as a government agency has no effect without the consent of the university. Enabling statutes 21

(1) The Attorney General shall cause to be translated into French the enabling statute s of any university that is the subject or a regulation referred to in

section 20 within 365 days after the designation. Tabling

(2) As soon as reasonably possible, the Attorney General shall table the translations referred to in subsection (1) in the Legislative Assembly for adoption by resolution within 30 days after the tabling. Sitting days

(3) Only sitting days of the Legislative Assembly shall be taken into accoun t for the calculation of the 30-day period referred to in subsection (2). Progress towards equality 22 Sections 20 and 21 do not limit the power of universities to promote progress towards the equality of status and use of French and English. FRENCH-LANGUAGE SERVICES PLANS French-language services plans 23

(1) Within 365 days after this Act receives Royal Assent, every government agency and every public institution shall prepare and submit to the Minister and the Commissioner a proposed French-language services plan covering a period of two to five years. Content of French-language services plans

(2) Each government agency and public institution shall set out in their proposed French-language services plan, (

a) the priorities of La Francophonie with respect to the French-language services it provides; (

b) its ability to provide French-language services; (

c) the French-language services that it intends to provide, particularly in the case of services provided by third parties on its behalf; (

d) the other measures it intends to take to promote the preservation and development of La Francophonie and to support its development;

8 (

e) whether reasonable steps have been taken and reasonable proposals have been made to take advantage of the exemption under subsection 13 (3); and (

f) any other subject prescribed by regulation. Format of French-language services plans

(3) The Commissioner may establish the format of the French-language services plans. Consultation

(4) Government agencies and public institutions shall consult La Francophonie and develop their French -language services plans according to the needs of La Francophonie. Ministerial approval 24 If the Minister considers the plan satisfactory, the Minister shall approve a French -language services plan submitted by a government agency or public institution. If he or she does not, he or she shall send it back so that the government agency or public institution may modify it according to his or her instructions.

Periodic report 25 At the request of the Minister, a government agency or public institution shall provide the Minister an d the Commissioner with a periodic report on the implementation of its approved French -language services plan and the progress made in this regard. The governing body or public institution shall in this respect comply with the time limits and other conditi ons set by the Minister. PROMOTION OF FRENCH Commitment 26

(1) The Legislative Assembly and the Government of Ontario shall promote the maintenance and development of La Francophonie and support its development and promote the full recognition and use of French in Ontario society. Obligation

(2) It is the responsibility of government agencies and public institutions to ensure that steps are taken to implement this commitment. Coordination 27 The Minister, in consultation with other ministers and the Commi ssioner, shall encourage the co -ordination of the implementation by government agencies and public institutions of the commitment and obligation under

section 26. Implementation 28 The Minister shall take such measures as he or she considers advisable to p romote progress toward the equality of status and use of French and English in Ontario society and, in particular, any measure, (

a) to promote the vitality of La Francophonie and to support its development; (

b) to encourage and support the learning of French; (

c) to encourage the public to better accept and appreciate French; (

d) to encourage businesses, employers and workers’ organizations, voluntary organizations and others to provide their services in French and to promote the recognition and use of French, and to ensure collaboration with them for these purposes; and (

e) to encourage and assist organizations and associations to reflect and promote the status of French. Consultation 29

(1) La Francophonie has the right to be consulted on the development of the principles of the application of and the revision of programs promoting the advancement of the equality of status and use of French in Ontario society in an open and participative manner. Minister’s action

(2) The Minister shall take any action that the Minister considers appropriate to provide for the public consultation referred to in subsection (1). MINISTER AND EMPLOYEES Minister 30

(1) The Minister is responsible for the administration of this Act.

9 Treasury Board

(2) The Minister shall be appointed to the Treasury Board under subsection 1.0.2 (1) of the Financial Administration Act. Functions

(3) The Minister shall develop a provincial strategy to promote the active offe r of French-language services by government agencies and public institutions. Same

(4) The Minister shall develop and coordinate the policy and programs of the Government of Ontario with respect to La Francophonie and the provision of services in French. For these purposes, he or she may, (

a) act as an advocate to ensure that the policies, programs and services of government agencies and public institutions take into account the needs of La Francophonie and that adequate resources are allocated to these n eeds; (

b) prepare and recommend government projects, policies and priorities for the delivery of French -language services; (

c) coordinate, monitor and supervise the establishment of government programs for the provision of French-language services by government agencies and public institutions and of programs concerning the use of French; (

d) make recommendations regarding the funding of government programs for the delivery of French -language services; (

e) require government projects for the implementat ion of this Act to be developed and filed and set deadlines for their development and presentation; and (

f) encourage the representation of La Francophonie in the governing bodies of government agencies and public institutions. Same

(5) The Minister shal l also perform the duties assigned to him or her by order of the Lieutenant Governor in Council or by another Act. Promotion

(6) The Minister has the mandate to develop policies or programs to promote, (

a) the use and development of French in all sectors of Ontario society; (

b) increased learning, mastery and vitality of French; (

c) public awareness and appreciation of the history, use, status, importance and diversity of French; (

d) the increase in French productions and the use of this language by all types of media in all sectors of Ontario society; (

e) the public’s understanding of this Act and the regulations made under it; and (

f) the recognition and support of French on the national and international scenes, as well as by the private sector, including its legal recognition. Annual report

(7) At the end of each fiscal year, the Minister shall submit to the Lieutenant Governor in Council a report on the activities of th e Office de L a Francophonie and the Advisory Council of La Francophonie, and shall then submit the report to the Assembly if it is sitting, and if not, at the next session. Office de La Francophonie 31

(1) The employees deemed necessary to perform the duties of the Minister shall be appointed under

Part III of the Public Service of Ontario Act, 2006. These employees together constitute the Office de La Francophonie. Deputy Minister

(2) The Deputy Minister of the Office de La Francophonie shall be an Associate Secretary of the Cabinet Office. Functions of the Office de La Francophonie

(3) The Office de La Francophonie may, (

a) review the availability and quality of services in French and make recommendations for their improvement; (

b) recommend the designation of agencies providing public services; (

c) require no t-for-profit le gal persons and similar organizations and institutions, homes and colleges referred to in the definition of “government agency” in

section 1 to provide information that may be relevant to the making of recommendations on their designation as public service bodies; (

d) make recommendations with respect to the exemption of a service under subsection 13 (3);

10 (

e) assist and advise government agencies and public institutions on the development of their French -language services plans and coordinate the approval of such plans; and (

f) where applicable, recommend changes to the French -language services plans of government agencies and public institutions. Same

(4) The Office de La Francophonie shall ensure that government agencies and public institutions hire th e necessary personnel to meet their obligations under this Act and the needs of La Francophonie, including by notifying the Treasury Board for this purpose. Support to Advisory Council on La Francophonie

(5) The Office de La Francophonie shall provide the Advisory Council on La Francophonie with the operational and administrative support it requires. Other duties

(6) The Office de La Francophonie shall also perform the duties assigned to it by the Minister, the Lieutenant Governor in Council or the Legislative Assembly. Advisory Council on La Francophonie 32

(1) The Advisory Council on La Francophonie is hereby established. Composition

(2) The Advisory Council on La Francophonie is composed of, (

a) the Minister or his or her Deputy Minister, as chair; (

b) the Assistant Deputy Minister of the Office de La Francophonie; (

c) the Clerk of the Executive Council; and (

d) Deputy Ministers or French Language Services Coordinators from, (

i) the Ministry of the Attorney General, (ii) the Ministry of Government and Consumer Services, (iii) Treasury Board, (iv) the Ministry of Education, (

v) a Deputy Minister or French Language Services Coordinator appointed by the Minister, and (vi) at least five members of La Francophonie recognized for their commitment to the fulfilment of the purpose of this Act and appointed by the Minister. Mandate

(3) The Advisory Council on La Francophonie shall provide advice and recommendations on measures t o promote the maintenance and development of La Francophonie to the Minister. Same

(4) The Advisory Council on La Francophonie may, at the request of the Minister, (

a) review and make recommendations with respect to this Act; (

b) review and make recommendations on French-language services plans; (

c) review and make recommendations on the French Language Communications Directive with respect to its implementation; (

d) develop recommendations on the measures to be taken to encourage the representation of La Francophonie in the governing bodies of government agencies and public institutions; and (

e) provide advice and recommendations to the Minister on any other matter. Meetings

(5) The chair shall call the Advisory Council on La Francophonie at least twice a year.

11 COMMISSIONER OF LA FRANCOPHONIE Commissioner of La Francophonie 33

(1) There is hereby created a position called in French Commissaire à la Francophonie and, in English, Commissioner of La Francophonie, the incumbent of which is an officer of the Assembly. Nomination

(2) The Lieutenant Governor in Council shall appoint the Commissioner on the address of the Assembly, but only if the person he or she appoints has been chosen by a panel consisting of a Member of the government caucus, a Member of the Official Opposition and a Member elected by the Assembly chaired by the Speaker who is a member without voting rights. Duration of office

(3) The Commissioner holds office for a five-year term, renewable once. Continuation of office

(4) The Commissioner continues to hold office after the expiry of his or her term until reappointed or until the appointment of his or her successor. Revocation

(5) The Lieutenant Governor in Council may, on the address of the Assembly, dismiss the Commissioner f or cause. Delegation

(6) The Commissioner may delegate in writing the power to exercise his or her functions or powers to any person employed by the Office of the Commissioner of La Francophonie, subject to the conditions provided in the delegation. Vacancy

(7) If, while the Assembly is not sitting, the Commissioner is unable to perform the duties of his or her office for any reason or the office becomes vacant, the Lieutenant Governor in Council shall appoint a temporary commissioner whose duties terminate when the Commissioner is again capable of performing his or her duties or when a new Commissioner is appointed under subsection (2), as the case may be. Choice made by a special group

(8) The Lieutenant Governor in Council may appoint a temporary commissioner under subsection (7) only if the person he or she appoints has been chosen by a panel consisting of a Member of the government caucus, a Member of the Official Opposition and a Member elected by the Assembly chaired by the Speaker who is a member w ithout voting rights. Powers and duties

(9) The temporary commissioner shall exercise the powers and perform the duties of the Commissioner. Nature of employment 34

(1) The Commissioner shall devote himself or herself exclusively to his or her duties. He or she cannot hold any other position for the Crown or accept any other employment. Not a public servant

(2) The Commissioner is not a public servant within the meaning of the Public Service of Ontario Act, 2006. Remuneration and benefits 35

(1) The Com missioner and a temporary commissioner appointed under subsection 33 (7) shall be paid a salary determined by the Board of Internal Economy that is comparable to that paid to other officers of the Assembly. Same

(2) The salary of the Commissioner may be reduced only on the address of the Assembly. Allowances

(3) The Commissioner is entitled to reasonable travel and living expenses while performing the duties assigned to him or her under this Act elsewhere than at his or her place of ordinary residence. Pension plan

(4) The Commissioner shall participate in the Public Service Pension Plan. Office of the Commissioner of La Francophonie 36

(1) The portion of the Office of the Ombudsman that was previously the Office of the French Language Services Commissioner is continued under the name Commissariat à la Francophonie in French and Office of the Commissioner of La Francophonie in English.

12 Budget

(2) The sums necessary for the administration of the Office of the Commissioner of La Francophonie shall be paid out of the appropriations allocated for those purposes by the Legislature. Instructions

(3) The Board of Internal Economy may direct the Commissioner with respect to expenses and the Commissioner shall comply with the directions. Estimates

(4) The Commissioner shall, each year, submit to the Board of Internal Economy the estimates of the sums of money required to perform the duties assigned to him or her by this Act. Review

(5) The Board of Internal Economy shall review the estimates and may vary them as it considers appropriate. Verification

(6) The accounts and financial operations of the Office of the Commissioner of La Francophonie shall be audited annually by the Auditor General. Employees 37

(1) Subject to the approval of the Board of Internal Economy, the Commissioner may employ such persons as he or she considers necessary for the proper functioning of the Office of the Commissioner of La Francophonie. He or she may fix their wages or their salaries and their conditions of employment. Salaries or wages

(2) Salaries or wages determined under subsection (1) shall be comparable to those of employees employed under

Part III of the Public Service of Ontario Act, 2006 to work in similar positions. Benefits

(3) The employees of the Office o f the Commissioner of La Francophonie shall have benefits comparable to those of employees employed under

Part III of the Public Service of Ontario Act, 2006 who work in similar positions, with respect to, (

a) cumulative vacation and sick leave credits and related payments; (

b) group life insurance, medical and surgical expense insurance or long-term income protection plans; and (

c) the granting of leave. Same

(4) For the purposes of subsection (3), if benefits to an employee of the Office of the Commis sioner of La Francophonie are conditional on the exercise of a power or discretionary function, that power of function may be exercised by the Commissioner or by any person he or she authorizes in writing. Premises and supplies 38 The Commissioner may lease the premises and acquire the equipment and supplies necessary for the proper functioning of the Office of the Commissioner of La Francophonie. Immunity 39

(1) No proceeding shall be commenced against the Commissioner or an employee of the Office of the Commissioner of La Francophonie for any act done or omitted in good faith in the performance or purported performance of his or her duties under this Act. Testimony

(2) Neither the Commissioner nor an employee of the Office of the Commissioner of La Franc ophonie is a compellable witness in a civil proceeding outside the Assembly in respect of any act done under this or any other Act. Mandate 40

(1) It is the duty of the Commissioner to take, within the scope of his or her powers under subsection (2), measures to ensure compliance with this Act, the promotion of French and the maintenance and development of La Francophonie. Same

(2) To fulfil its mandate, the Commissioner may, (

a) conduct inquiries into the extent to which this Act is being observed a nd the quality of the complianc e, whether as a result of complaints about French -language services and the French -language services plans of any person or on its own initiative;

13 (

b) prepare reports on investigations, including recommendations to improve the delivery of French-language services and French-language services plans; (

c) monitor the progress of government agencies, public institutions, municipalities and universities in the provision of French-language services; (

d) advise the Minister on ma tters related to the application of this Act, the promotion of French and the maintenance and development of La Francophonie; (

e) advise the Minister respecting French-language services plans; (

f) provide training to government agencies and public institutions regarding the administration of this Act; (

g) make the public aware of the application of this Act; (

h) institute legal proceedings in accordance with

section 43; and (

i) exercise any other powers and duties that the Lieutenant Governor in Council assigns to him or her. Complaint investigations at the discretion of the Commissioner 41

(1) The Commissioner may, at his or her discretion, decide not to take any action as a result of a complaint about the administration of this Act, including refusing or discontinuing a complaint if, (

a) the complaint is futile; (

b) the complaint is frivolous, vexatious or made in bad faith; (

c) the subject matter of the complaint has already been investigated and has been settled; or (

d) the subject matter of the complaint does not relate to a contravention or failure to comply with this Act or, for any other reason, does not fall within the Commissioner’s jurisdiction under this Act. Notice given to the author of the complaint

(2) If the Commissioner decides not to take any action as a result of a complaint or to take any other action in respect of the complaint, the Commissioner shall give written notice of the decision to the person making the complaint. Investigations 42

(1) Subject to this Act, the Commissioner may determine the procedure to be followed in conducting an investigation. Duty to notify the deputy head

(2) Before commencing an investigation, the Commissioner shall notify the deputy head or another chief administrator of the government agency, public institution, municipality or university of his or her intention to investigate. Application of the Public Inquiries Act, 2009

(3) Section 33 of the Public Inquiries Act, 2009 applies to an investigation conducted by the Commissioner. Confidentiality

(4) Information disclosed to the Commissioner under this Act is confidential and may not be disclosed to anyone except, (

a) by the person the information concerns or with his or her consent; (

b) in the course of a criminal proceeding according to rules of law; or (

c) in accordance with this Act. Relation to other Acts (5) Subsection (4) prevails over the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. Report on the outcome of an investigation

(6) The Commissioner shall report the result of an investigation, (

a) in the case of an investigation resulting from a complaint, to the complainant, to the deputy head or to another chief administrator of the government agency, public i nstitution, municipality or university concerned and to the Speaker of the Assembly; and (

b) in the case of an investigation on his or her own initiative, to the deputy head or other chief administrator of the government agency, public institution, municipality or university and to the Speaker of the Assembly. Involvement in litigation 43 The Commissioner may,

14 (

a) bring an action within 60 days of the communication to the complainant of the findings of the investigation or the recommendations; (

b) appear on behalf of the person bringing an appeal under

section 48; (

c) apply to the Superior Court of Justice to answer a question relating to the

interpretation of this Act; and (

d) intervene in any judicial proceeding. Annual report 44

(1) On or before Jul y 31 of each year, the Commissioner shall prepare and submit to the Speaker of the Assembly an annual report on his or her activities that may include recommendations to improve the delivery of services in French. Copy of the report

(2) In submitting an annual report, the Commissioner shall give a copy to the Minister. Tabling of report

(3) On receiving an annual report, the Speaker shall lay the report before the Assembly as soon as reasonably possible. Minister’s response

(4) The Minister, with the advice of the Advisory Council on La Francophonie, shall file with the Assembly a response to the Commissioner’s annual report within 90 days after its being tabled in the Assembly. Other reports 45

(1) The Commissioner may, at any time, prepare and present to the Speaker of the Assembly such other report as he or she considers appropriate on any matter relating to this Act. Delivery of a copy of the report prior to its presentation

(2) Before submitting a report under subsection (1), the Commissioner shall provide a copy of the report to any member of the Executive Council who heads and is responsible for a relevant office or to the head of any public entity concerned.

Interpretation: head of a public entity

(3) The reference in subsection (2) to the head of a public entity shall be read as a reference to the Chief Executive Officer or a person who holds a similar position with respect to the entity. Copy of the report

(4) When submitting a report under subsection (1), the Commissioner shall provide a copy to the Minister and may deliver a copy to any person he or she considers appropriate. Tabling of report

(5) On receiving a report under subsection (1), the Speaker shall lay the report before the Assembly as soon as reasonably possible. Publication of reports 46 The Commissioner may, in such manner as he or s he considers appropriate, publish his or her reports 30 days after their presentation, unless the Speaker consents to their publication on an earlier date. FRENCH LANGUAGE SERVICES COORDINATORS French Language Services Coordinators 47

(1) A French Language Services Coordinator shall be appointed in each government agency and public institution. Committee

(2) There shall be a committee consisting of the French Language Services Coordinators, chaired by the senior official of the Office de La Francophonie. Functions

(3) A French Language Services Coordinator shall, (

a) establish a process of consultation of La Francophonie; (

b) identify the priorities of his or her government agency or public institution as and when required; and (

c) establish the French-language services plan of his or her government agency or public institution in accordance with established needs.

15 Communication

(4) Each French Language Services Coordinator may communicate directly with his or her Deputy Minister or, in the case of an officer of the Assembly, with the officer. Deputy Minister

(5) Each Deputy Minister shall report to the Executive Council on the implementation of this Act and the quality of French- language services in his or her government body. GENERAL Appeals 48

(1) A person who has made a complaint to the Commissioner under this Act may appeal under this section. Limitation

(2) Unless the Superior Court of Justice grants an extension to file the appeal on an application made before or after the expiry of the normal time limit, the appeal shall be filed within 60 days after the complainant has been informed of the findings of the investigation or the recommendations or the refusal to commence or continue an inv estigation. Other delay

(3) If, within six months after the filing of a complaint, the person is not notified of the findings of the investigation, the recommendations or the refusal, the complainant may appeal on the expiry of those six months. Order

(4) The Superior Court of Justice may, if it considers that a government agency or public institution has not complied with this Act, give such remedy as it considers appropriate and just in the circumstances. Clarification

(5) Nothing in this

section affects any other right of action. Costs and disbursements 49

(1) An award of costs and disbursements for an appeal shall be at the discretion of the Superior Court of Justice or the Court of Appeal. Public interest

(2) However, in any case where the Superior Court of Justice or the Court of Appeal considers that the subject matter of the appeal has raised an important and new point of law respecting this Act, it shall award the costs and disbursements to the appellant even if the appeal is dismissed. Language rights support program 50

(1) Within 180 days after this Act receives Royal Assent, the Lieutenant Governor in Council shall make a regulation establishing a language rights support program. Purpose

(2) The purpose of the program referred to in subsecti on (1) is to provide financial support for judicial remedies that allow for the advancement and clarification of the language rights provided for under this Act and the regulations made under it an d under the Canadian Charter of Rights and Freedoms. Terms

(3) The terms of the financial assistance and the process for determining whether a remedy meets the criteria set out in subsection (2) shall be determined by regulation. Suspension of limitation period

(4) If an application for financial support is submitted to the language rights support program, the time limits set out in subsections 48 (2) and (3) shall be suspended until the day following the communication to the applicant of the final decisio n of the language rights support program on the application. Fund for the Promotion of La Francophonie 51

(1) The Fund for the Promotion of La Francophonie is established as a special account in the Consolidated Revenue Fund. Objects

(2) The assets of the Fund for the Promotion of La Francophonie must be used only to, (

a) recognize and promote the status, rights and privileges of French; (

b) strengthen cultural and linguistic expression in French through the media;

16 (

c) improve French language literacy and proficiency, and reverse the process of language loss and language assimilation; (

d) value or revitalize French and support its current use as the language of education, work and daily life; and (

e) strengthen the vitality of La Francophonie, and create a favourable environment for its cultural expression and community life. Money appropriated by the Legislation 52 The money required for the purposes of this Act shall be paid out of the money appropriated for these purposes by the Legislature. Other languages 53 Nothing in this Act affects the use of other languages that are outside the scope of this Act. Conflict with other Acts 54

(1) This Act prevails over the inconsistent provisions of any other Act or regulation. Exception (2) Subsection (1) does not apply to the Human Rights Code or its regulations. Regulations 55 The Lieutenant Governor in Council may make regulations, (

a) designating bodies for the purpose of the definition of “government agency” in

section 1; (

b) exempting services if, in the opi nion of the Lieutenant Governor in Council, the measure is reasonable and necessary and does not affect the general purpose of this Act; (

c) establishing any measure relating to the active offer of services that may be offered in French by a government ag ency or public institution; (

d) governing French-language services plans, including, (

i) setting their content, (ii) requiring government agencies and public institutions to consult with individuals and entities about their French - language services plans, (iii) requiring government agencies and public institutions to provide certain types of information on the implementation of their approved French-language services plans and progress made in this regard, or (iv) requiring French-language services plans to be reviewed and modified in certain cases; (

e) prescribing the procedure for bilingual proceedings under

section 9; (

f) identifying decisions to which clause 10 (1) (

a) applies; (

g) prescribing terms and conditions for bilingual signage under

section 14; (

h) governing the publication of documents in French of a government agency or public institution; (

i) governing the operation of the Fund for the Promotion of La Francophonie; (

j) providing for any other measure necessary for the application of this Act. REPEAL, AMENDMENTS TO OTHER ACTS, COMMENCEMENT AND

SHORT TITLE French Language Services Act 56 The French Language Services Act is repealed. City of Ottawa Act, 1999 57

Section 11.1 (2) of the City of Ottawa Act, 1999 is amended by striking out “subsection 14 (1) of the French Language Services Act” at the end and substituting “subsection 17 (1) of the La Francophonie Act, 2019”. Connecting Care Act, 2019 58 Clause 6 (

h) of the Connecting Care Act, 2019 is amended by s triking out “ French Language Services Act ” and substituting “La Francophonie Act, 2019”. Farm Registration and Farm Organizations Funding Act, 1993 59 Subsection 31.5 (2) of the Farm Registration and Farm Organizations Funding Act, 1993 is amended by striking out “French Language Services Act” and substituting “La Francophonie Act, 2019”.

17 Housing Services Act, 2011 60 (1) Subsection 18 (1) of the Housing Services Act, 2011 is amended by striking out “the French Language Services Act” at the end and substituting “the French Language Services Act, as it read immediately before it was repealed”. (2) Clause 18 (3) (

a) of the Act is amended by striking out “the French Language Services Act ” and substituting “the French Language Services Act, as it read immediately before it was repealed”.

(3) Section 31 of the Act is amended by striking out “the French Language Services Act ” at the end and substituting “the French Language Services Act, as it read immediately before it was repealed”. Local Health System Integration Act, 2006 61

(1) Clause 5 (e.1) of the Local Health System Integration Act, 2006 is amended by striking out “ French Language Services Act” and substituting “La Francophonie Act, 2019”. (2) Subsection 14 (5) of the Act is amen ded by striking out “ French Language Services Act ” at the end and substituting “La Francophonie Act, 2019”. Commencement 62

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) Section 58 comes into f orce on the later of the day

section 6 of

Schedule 1 to The People’s Health Care Act, 2019 comes into force and the day this Act receives Royal Assent.

(3) Section 59 comes into force on the later of the day

section 10 of

Schedule 1 to the Restoring Ontar io’s Competitiveness Act, 2019 comes into force and the day this Act receives Royal Assent.

Short title 63 The

short title of this Act is the La Francophonie Act, 2019.

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 126 b126 e.pdf
Type	bill
Volume / chapter	p42 s1 bill 126 b126 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	33569472cca9bc175d884effb62189b897083d69

Source file is stored in the law ingest library (json).