Franco-Ontarian Community Act, 2021 — Bill 36 (42nd Parliament, 2nd Session)

Bill 36, 42-2

Ontario — Bills

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Bill 36, Franco-Ontarian Community Act, 2021

Bourgouin, Guy

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Bill 36 Original (PDF)

EXPLANATORY

NOTE

The

Bill replaces the French Language Services Act with

a new Franco-Ontarian Community Act, 2021 . Here are

some highlights of the Bill:

Proceedings

shall be introduced and enacted in both languages. Regulations shall be made in

both languages.

Courts

and tribunals shall all be able to carry out proceedings in French and

Government

agencies and public institutions, as defined in the Act, shall actively offer

Municipalities

may pass a by-law electing to provide services in French. Ottawa’s bilingual

character is recognized.

Universities

may be designated as government agencies that are required to operate

bilingually, and a procedure is set out to ensure that the enabling statutes of

such universities are translated into French.

French-language

services plans must be made by government agencies and public institutions.

The

Act establishes or continues, as the case may be, an Office of the

Franco-Ontarian Community, an Advisory Council on the Franco-Ontarian

Community, a French Language Services Commissioner as an officer of the

Assembly, a system of French Language Services Coordinators throughout

government agencies and public institutions, a language rights support program

and a Fund for the Promotion of the Franco-Ontarian Community, all to be funded

out of money appropriated for these purposes by the Legislature.

Bill 36 2021

Act to promote the preservation, growth and vitality of the Franco-Ontarian

Community

Preamble

The

Franco-Ontarian community, including the French-speaking Métis, has played a

historic and honourable role in Ontario since the 17th century.

The

Constitution recognizes French as an official language in Canada.

2016 the Province of Ontario apologized to the Franco-Ontarian community for

the adoption in 1912 of Regulation 17, a policy of the Ministry of Education

that almost completely banned the use of French in the Province’s elementary

schools and was intended to assimilate the Franco-Ontarian minority into the

one reason why governance by Franco-Ontarians of their educational

institutions, at every level including post-secondary, remains of vital

importance to the Franco-Ontarian community.

Although

French has now been recognized for many years in Ontario as an official

language in education, in the courts and in the Legislature, the Province of

Ontario wishes to provide concrete measures to make amends for the wrongs

resulting from the implementation of Regulation 17 and to offer legislative

protections to the Franco-Ontarian community.

Today’s

Franco-Ontarian community is a rich, diverse, multicultural community that

contributes to Ontario’s cultural heritage and that should be preserved for

future generations.

The

Province of Ontario recognizes that the Franco-Ontarian community plays an

important role in the French international community, commercially and

otherwise. It has been recognized by the International Organisation of La

Francophonie and is a place of destination for francophone immigrants who

arrive in Ontario and help make it a better place to live. Welcoming these

francophone immigrants to Ontario, a place where they can work and live in

French, is important to the preservation, growth and vitality of the

Franco-Ontarians community.

The

Province of Ontario undertakes to guarantee the use of French in government

agencies and public institutions in accordance with this Act.

The

Province of Ontario commits itself to remembering the historic role of the

Franco-Ontarian community and to fostering the preservation, growth and vitality

of the Franco-Ontarian community.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

“active

offer” means, in relation to the supply and delivery of services in French, an

active offer as defined in subsection 3 (2) and “offered actively” has a

corresponding meaning; (“offre active”)

“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 French Language Services Commissioner appointed under

section 33;

(“commissaire”)

“Franco-Ontarian

community” means the community of individuals residing in Ontario whose mother

tongue is French and of individuals,

(

a) whose

(

i) speak

(ii) although

(

b) whose

mother tongue is not French but who speak French fluently, and

(

c) who

meet any prescribed criteria; (“communaut é f ranco-ontarienne”)

“French-language

services plan” means a plan established by government agencies or public

“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 Majesty in

right of Ontario or under the control of the Lieutenant Governor in Council or

Minister,

(

c) municipalities

and local boards within the meaning of the Municipal

Affairs Act that have passed a by-law under subsection 18 (1),

(

d) an

agency that provides services to the public, is paid by the government to do so

and is designated by the regulations as a government agency for the purposes of

this Act,

(

e) any

of the following entities that have been designated by the regulations as

government agencies for the purposes of this Act:

(

i) a

not-for-profit corporation or similar organization that provides services to

the public and receives a grant that is levied in whole or in part out of the

public purse,

(ii) a

university or a college of applied arts and technology that receives a grant

that is levied in whole or in part out of the public purse,

(iii) a

psychiatric institution,

(iv) a

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

(

v) a

municipal home or a joint home under

Part VIII of the Long-Term Care Homes

Act, 2007 ,

(vi) a

home for special care under the Homes for Special Care Act ,

(vii) a

service provider within the meaning of the Child, Youth and Family Services

Act, 2017 or a board 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 Province of Ontario

to exercise legislative, executive or judicial powers in the public interest,

including professional regulators, officers of the Assembly and court administration;

(“institution publique”)

“service”,

with respect to a service that a government agency or public institution

provides to the public, includes a procedure and any communications made to

provide the service. (“service”)

Purposes

and Principles

Purposes

The

purposes of this Act are to,

(

a) protect

and preserve the French language in Ontario and to preserve and enhance the

vitality of the Franco-Ontarian community;

(

b) protect

and preserve the cultural diversity that exists within the Franco-Ontarian

community;

(

c) contribute

(

d) specify

the obligations of government agencies and public institutions with respect to the

Franco-Ontarian community; and

(

e) require

the services of government agencies and public institutions to be offered

Principles

(1) The

following principles guide the administration of this Act:

1. Collaboration

and dialogue between representatives of government agencies and public

institutions and representatives of the Franco-Ontarian community to promote

the preservation, growth and vitality of this community.

2. In

order to promote the preservation, growth and vitality of the Franco-Ontarian

community, the provision of services in French may, depending on the nature of

the service offered, require content that is distinct from the service offered

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

digital communication, signage, notices and other service information, as well

as first contact with customers.

Legislative

Debates, Work and Acts

Right

(1) Everyone

Legislative Assembly.

Bills

and Acts of the Assembly

(2) All

Bills of the Legislative Assembly shall be introduced and enacted in both

Records

and minutes

(3) The

records and minutes of the Legislative Assembly shall be kept in both French

Bilingual

regulations

(1) Every

regulation made after the day this Act comes into force shall be made in both

Translation

of unilingual regulations

(2) Before

the prescribed date, the Attorney General shall cause to be translated into

day and shall recommend the translations to the Executive Council or other

regulation-making authority for adoption.

Equal

authority

The

made in both languages are equally authoritative.

Administration

of Justice

Application

Sections

8 to 12 apply to every level of court in Ontario and every administrative

tribunal established by or under

an Act of the Province of Ontario, subject to

the regulations.

Official

languages

(1) The

Right

(2) Everyone

tribunals, including written proceedings, oral pleadings, written pleadings and

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

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

(1) The

decisions or orders of courts and tribunals, including reasons and summaries,

(

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 inconvenience 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

The

decisions of the Court of Appeal are deemed to satisfy the criteria in

subsection 10 (1).

Oral

decisions

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

(1) Every

communicate with and receive services of a government agency or public institution.

Active

offer

(2) Every

government agency and every public institution shall actively offer its

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 comply with this Act.

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

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

(1) Government

agencies and public institutions shall,

(

a) display

(

b) display

and distribute their posters and advertisements, if any, in both French and

(

c) ensure

that the French text of their public signs, posters and advertisements is as

Regulations

(2) The

Lieutenant Governor in Council may make regulations providing for the gradual

replacement of public 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

(1) A

regulation designating a government agency for the purposes of this Act made

under clause 55 (

a) may restrict the scope of the designation so that it

relates only to specific services that the agency provides or may specify the

services that are excluded from the designation.

Transition,

extension of previous designation

(2) Any

entity that was designated as a public service agency under the French Language Services Act before the day this Act

comes into force is deemed, on and after that day, to be a government agency

designated for the purposes of this Act.

Changes

to designated government agency

If a

government agency that provides services to the public in French merges with

another entity, changes its name or governing structure or undergoes another

prescribed type of change, the new or changed entity shall continue to provide

the services to the public in French until,

(

a) the

new or changed entity, or another entity, is designated as a government agency

under this Act for the purposes of providing the services to the public in

French; or

(

b) it

receives a notice from the Ministry advising that it is no longer required to

provide services to the public in French.

Comments

on the exemption regulation

(1) This

section applies to a regulation that,

(

a) designates

a government agency and excludes or removes a service from the scope of the

designation;

(

b) revokes

the designation of a government agency; or

(

c) amends

a regulation designating a government agency so as to exclude or remove a

service from the scope of the designation.

Notice

(2) A

regulation described in subsection (1) may be made only after the expiry of a

period of 45 days that begins when notice of the proposed regulation is

published in the Ontario Gazette and either in a newspaper of general

circulation in Ontario or in a news service generally accessible throughout

Ontario on the internet.

Same

(3) A

notice under subsection (2) shall set out the substance of the proposed

regulation and invite the Commissioner and the public to address their comments

with respect to the proposed regulation to the Minister.

Consideration

(4) Before

making a regulation under this section, the Lieutenant Governor in Council

shall consider the comments of the Commissioner and the public.

Changes

without further notice

(5) 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

(1) The

council of a municipality may pass a by-law providing that the administration

services to the public, or a specified part of those services, shall be

provided in those two languages.

Right

(2) Where

a by-law under subsection (1) is in force, every person is entitled to use

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 administration of the municipality shall be adopted only after

the expiry of a period of 45 days that begins when notice of the proposed

by-law is published either in a newspaper of general circulation in the

municipality or in a news service generally accessible in the municipality on

the internet.

Notice

(4) A

notice under subsection (3) shall set out the substance of the proposed by-law

and invite the Commissioner and the public to submit their comments to the

council of the municipality and to the Minister.

Consideration

(5) Before

passing a by-law under subsection (1), the council shall consider the comments

of the Commissioner and the public.

City

of Ottawa

(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 18 (1) of this Act.

Progress

towards equality

Sections

18 and 19 do not limit the power of the City of Ottawa or other municipalities

Universities

Consent

of the university

regulation made under this Act designating a university as a government agency

has no effect without the consent of the university.

Enabling

statute

(1) The

Attorney General shall cause to be translated into French the enabling statute

of any university that is the subject of a regulation referred to in

section 21

within 365 days after the designation.

Tabling

(2) As

soon as reasonably possible, the Attorney General shall table a translation

referred to in subsection (1) in the Legislative Assembly for adoption by

resolution as soon as practicable thereafter.

French-Language

Services Plans

French-language

services plans

(1) Within

365 days after this Act comes into force, 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.

Collection

of data

(2) In

order to properly prepare a French-language services plan, every government

agency and public institution shall collect data relevant to the needs of the

part of the Franco-Ontarian community to which it provides services.

Content

of French-language services plans

(3) Each

government agency and public institution shall set out in their proposed

French-language services plan,

(

a) the

priorities of the Franco-Ontarian community with respect to the French-language

services it provides, based on the data collected under subsection (2);

(

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, growth and vitality

of the Franco-Ontarian community and to support its development;

(

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

(4) The

Commissioner may establish the format of the French-language services plans.

Consultation

(5) Government

agencies and public institutions shall consult the Franco-Ontarian community

and develop their French-language services plans according to the needs of the

Franco-Ontarian community.

Ministerial

approval

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

At the

request of the Minister, a government agency or public institution shall

provide the Minister and the Commissioner with a periodic report on the

implementation of its approved French-language services plan and the progress

made in this regard. The government agency or public institution shall, in this

respect, comply with the time limits and other conditions set by the Minister.

Promotion

of French

Commitment

(1) The

Government of Ontario is committed to promoting and supporting the preservation,

growth and vitality of the Franco-Ontarian community and promoting 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 the commitment described in subsection (1).

Coordination

The

Minister, in consultation with other ministers and the Commissioner, shall

encourage the co-ordination of the implementation by government agencies and

public institutions of the commitment and obligation under

section 26.

Implementation

The

Minister shall take such measures as he or she considers advisable to promote

society and, in particular, any measure to,

(

a) promote

the vitality of the Franco-Ontarian community and to support its development;

(

b) encourage

and support the learning of French;

(

c) encourage

the public to better accept and appreciate French;

(

d) 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) encourage

and assist organizations and associations to reflect and promote the status of

French.

Consultation

(1) The

Franco-Ontarian community 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).

Duty

to consult

(3) A

government agency or public institution shall consult with representatives of

the Franco-Ontarian community if the government agency or public institution

intends to develop and implement a new policy, program, service or activity

that directly or indirectly impacts or is relevant to the Franco-Ontarian

community.

Same

(4) Consultations

under subsection (3) shall include consultations with the Assemblée de la

francophonie de l’Ontario and with the Association des communautés francophones

de l’Ontario for each region where the new policy, program, service or activity

is likely to be implemented or carried out.

Minister

and Employees

Minister

(1) The

Minister is responsible for the administration of this Act.

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 offer 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 the Franco-Ontarian community 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 the

Franco-Ontarian community and that adequate resources are allocated to these

needs;

(

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 implementation of this Act to be developed and made

available to the public and set deadlines for doing so; and

(

f) encourage

the representation of the Franco-Ontarian community in the governing bodies of

government agencies and public institutions.

Same

(5) The

Minister shall 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 growth 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 the Franco-Ontarian community at the national and

international levels of government, as well as by the private sector.

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 the Office of the

Franco-Ontarian Community and the Advisory Council on the Franco-Ontarian

Community, and shall then submit the report to the Assembly if it is sitting,

and if not, at the next session.

Office

of the Franco-Ontarian community

(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 of the

Franco-Ontarian Community.

Deputy

Minister

(2) The

Deputy Minister of the Office of the Franco-Ontarian Community shall be an

Associate Secretary of Cabinet.

Functions

of the Office

(3) The

Office of the Franco-Ontarian Community may,

(

a) review

the availability and quality of services in French and make recommendations for

their improvement;

(

b) recommend

the designation of government agencies;

(

c) require

not-for-profit corporations and similar organizations and universities,

colleges, other entities referred to in clause (

e) of the definition of

“government agency” in

section 1 to provide information that may be relevant to

the making of recommendations on their designation as government agencies;

(

d) make

recommendations with respect to the exemption of a service under subsection 13

(3);

(

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 of the Franco-Ontarian Community shall ensure that government agencies

and public institutions hire the necessary personnel to meet their obligations

under this Act and the needs of the Franco-Ontarian community, including by

notifying the Treasury Board for this purpose.

Support

to Advisory Council

(5) The

Office of the Franco-Ontarian Community shall provide the Advisory Council on the

Franco-Ontarian Community with the operational and administrative support it

requires.

Other

duties

(6) The

Office of the Franco-Ontarian Community shall also perform the duties assigned

to it by the Minister or the Lieutenant Governor in Council.

Advisory

Council on the Franco-Ontarian Community

(1) The

Advisory Council on the Franco-Ontarian Community is hereby established.

Composition

(2) The

Advisory Council on the Franco-Ontarian Community is composed of,

(

a) the

Minister or his or her Deputy Minister, as chair;

(

b) the

Assistant Deputy Minister of the Office of the Franco-Ontarian Community;

(

c) the

Clerk of the Executive Council;

(

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) the

Treasury Board, and

(iv) the

Ministry of Education;

(

e) a

Deputy Minister or French Language Services Coordinator appointed by the

Minister; and

(

f) at

least five members of the Franco-Ontarian community recognized for their

commitment to the fulfilment of the purposes of this Act and appointed by the

Minister.

Mandate

(3) The

Advisory Council on the Franco-Ontarian Community shall provide advice and

recommendations on measures to promote the preservation, growth and vitality of

the Franco-Ontarian community to the Minister.

Same

(4) The

Advisory Council on the Franco-Ontarian Community 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 the

Franco-Ontarian community 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 the Franco-Ontarian Community at least

twice a year.

French

Language Services Commissioner

Commissioner

(1) There

shall be an officer of the Assembly who is known as Commissaire aux services en

Nomination

(2) The

Lieutenant Governor in Council shall appoint the Commissioner on the address of

the Assembly, but only if the person to be appointed has been chosen by a panel

that,

(

a) consists

of a Member of the government caucus, a Member of the Official Opposition and a

Member elected by the Assembly; and

(

b) is

chaired by the Speaker who is a non-voting member of the panel.

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 for 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 French Language Services

Commissioner, 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 without voting rights.

Powers

and duties

(9) The

temporary commissioner shall exercise the powers and perform the duties of the

Commissioner.

Nature

of employment

(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

(1) The

Commissioner 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 French Language Services Commissioner

(1) There

Budget

(2) The

sums necessary for the administration of the Office of the French Language

Services Commissioner shall be paid out of the appropriations allocated for

those purposes by the Legislature.

Directives

(3) The

Board of Internal Economy may issue directives to the Commissioner with respect

to expenditures from sums received under subsection (2) and the Commissioner

shall comply with the directives.

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 French Language Services

Commissioner shall be audited annually by the Auditor General.

Employees

(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 French Language Services Commissioner. 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 who work in similar positions.

Benefits

(3) The

employees of the Office of the French Language Services Commissioner 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

French Language Services Commissioner 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

The

Commissioner may lease the premises and acquire the equipment and supplies

necessary for the proper functioning of the Office of the French Language Services

Commissioner.

Immunity

(1) No

proceeding shall be commenced against the Commissioner or an employee of the

Office of the French Language Services Commissioner 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 French Language Services Commissioner

is a compellable witness in a civil proceeding outside the Assembly in respect

of any act done under this or any other Act.

Mandate

(1) It

is the duty of the Commissioner to take such measures as are within the scope

of his or her powers and duties set out in subsection (2) to ensure compliance

with this Act, the promotion of French and the preservation, growth and vitality

of the Franco-Ontarian community.

Powers

and duties

(2) To

fulfil its mandate, the Commissioner may,

(

a) conduct

investigations into the extent to which this Act is being observed and the

quality of the compliance, whether on his or her own initiative or as a result

of complaints about French-language services and the French-language services

plans of any entity;

(

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 matters related to the application of this Act, the promotion

of French and the preservation, growth and vitality of the Franco-Ontarian

community;

(

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 as may be prescribed by regulation.

Complaint

investigations at the discretion of the Commissioner

(1) The

Commissioner may, at his or her discretion, decide not to take any action as a

result of a complaint about the failure of a government agency or public

institution to comply with this Act or the provision of French language

services under this Act, and may refuse or discontinue 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) Whether

the Commissioner decides not to take any action as a result of a complaint or decides

to take action in respect of the complaint, the Commissioner shall give written

notice of the decision to the person making the complaint.

Investigations

(1) Subject

to this Act, the Commissioner may determine the procedure to be followed in

conducting an investigation.

Duty

to notify chief administrator

(2) Before

commencing an investigation, the Commissioner shall notify the chief administrator

of the government agency or public institution 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 to,

(

a) in

the case of an investigation resulting from a complaint,

(

i) the

complainant,

(ii) the

chief administrator of the government agency or public institution, and

(iii) the

Speaker of the Assembly; and

(

b) in

the case of an investigation on his or her own initiative,

(

i) the

chief administrator of the government agency or public institution, and

(ii) the

Speaker of the Assembly.

Involvement

in litigation

The

Commissioner may,

(

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

(1) On

or before July 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 the Franco-Ontarian Community,

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

(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 is responsible for a

relevant office or to the chief administrator of any public entity concerned.

Copy

of the report

(3) 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

(4) On

receiving a report under subsection (1), the Speaker shall lay the report

before the Assembly as soon as reasonably possible.

Publication

of reports

The Commissioner

may, in such manner as he or she 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

(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

for each government ministry, chaired by the senior official of the Office of

the Franco-Ontarian Community.

Functions

(3) A

French Language Services Coordinator shall,

(

a) establish

a process of consultation with the Franco-Ontarian community;

(

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.

Communication

(4) Each

French Language Services Coordinator in a government agency public institution

that is not itself a ministry but for which a particular ministry is

responsible may communicate directly with the French Language Service

Coordinator for that ministry.

Same,

ministries

(5) The

French Language Services Coordinator appointed for a ministry may communicate

directly with the Deputy Minister.

Deputy

Minister

(6) Each

Deputy Minister shall report to the Executive Council on the implementation of

this Act and the quality of French-language services provided in his or her

ministry and in any government agency or public institution for which the

ministry is responsible.

General

Appeals

(1) A

person who has made a complaint to the Commissioner under this Act may appeal a

decision of the Commissioner to the Superior Court of Justice under this

section.

Limitation

(2) An

appeal under this

section 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 investigation, unless the Superior

Court of Justice grants an extension of the 60-day appeal period, whether the

extension is granted before or after the expiry of the 60-day period.

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

(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) Despite

subsection (1), 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

(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 subsection (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 and 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 decision of the language rights support program on the application.

Fund

for the Promotion of the Franco-Ontarian Community

(1) The

Fund for the Promotion of the Franco-Ontarian Community is established as a

special account in the Consolidated Revenue Fund.

Objects

(2) The

assets of the Fund for the Promotion of the Franco-Ontarian Community 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;

(

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 the Franco-Ontarian community, and create a favourable

environment for its cultural expression and community life.

Money

appropriated by the Legislation

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

Nothing

in this Act affects the use of other languages that are outside the scope of

this Act.

Conflict

with other Acts

(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

The

Lieutenant Governor in Council may make regulations,

(

a) designating

not-for-profit corporations, similar organizations, universities, colleges and

other entities as government agencies for the purposes of this Act;

(

b) exempting

services from the application of all or part of this Act if, in the opinion of

the Lieutenant Governor in Council, the measure is reasonable and necessary and

does not affect the general purposes of this Act;

(

c) establishing

any measure relating to the active offer of services that may be offered in

French by a government agency 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) governing

the courts and administrative tribunals to which sections 8 to 12 apply and prescribing

the procedure for bilingual proceedings under

section 9;

(

f) identifying

decisions to which clause 10 (1) (

a) applies;

(

g) prescribing

(

h) governing

consultations that are required under subsection 29 (3) including respecting

the manner in which consultations shall be carried out;

(

i) prescribing

additional powers and duties of the Commissioner for the purposes of clause 40

(2) (i);

(

j) governing

the publication of documents prepared in French by a government agency or

public institution;

(

k) governing

the operation of the Fund for the Promotion of the Franco-Ontarian Community;

(

l) 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

The French Language Services Act is repealed.

City

of Ottawa Act, 1999

Subsection 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 18 (1) of

the Franco-Ontarian Community Act, 2021 ”.

Connecting

Care Act, 2019

(1) The

Preamble to the Connecting Care Act, 2019

is amended by striking out “ French Language Services Act ”

and substituting “ Franco-Ontarian Community Act, 2021 ”.

(2) Clause 6 (

h) of the Act is amended by striking out “ French

Language Services Act ” and substituting “ Franco-Ontarian

Community Act, 2021 ”.

Farm

Products Payments Act

Subsection 13 (2) of the Farm Products Payment Act

is amended by striking out “ French Language Services Act ”

and substituting “ Franco-Ontarian Community Act, 2021 ”.

Farm

Registration and Farm Organizations Funding Act, 1993

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 “ Franco-Ontarian Community Act, 2021 ”.

Franco-Ontarian

Emblem Act, 2001

The

Preamble to the Franco-Ontarian Emblem Act, 2001

is amended by striking out “the present

section 5 of the French

Language Services Act ” and substituting “section 5 of the French Language Services Act ”.

Housing

Services Act, 2011

(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”.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Franco-Ontarian

Community Act, 2021 .

Date Bill stage Event Outcome Committee

October 28, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

October 28, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 36

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

City of Ottawa Act, 1999

Connecting Care Act, 2019

Farm Products Payments Act

Farm Registration and Farm Organizations Funding Act, 1993

Franco-Ontarian Emblem Act, 2001

French Language Services Act

Housing Services Act, 2011

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 36, 42-2
Type	bill
Volume / chapter	p42 s2 bill-36 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	64697721232c96a84b3a465511da9fbf7a081575

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