Ontario Bill 137 (42nd Parliament, 1st Session)
Bill 137, 42-1
Ontario — Bills
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Bill 137, Franco-Ontarian Community Act, 2019
Bourgouin, Guy
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Bill 137 Original (PDF)
EXPLANATORY
NOTE
The
Bill replaces the French Language Services Act with
a new Franco-Ontario Community Act, 2019 . 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 137 2019
Act to promote the preservation, growth and vitality
of the Franco-Ontarian Community
CONTENTS
Preamble
Definitions
Definitions
Purposes and Principles
Purposes
Principles
Legislative Debates, Work and
Acts
Right
Bilingual
regulations
Equal
authority
Administration of Justice
Application
Official
languages
Bilingual
proceedings
Decisions
Decisions
of the Court of Appeal
Oral
decisions
Services
Right
to French language services
Bilingual
signage
Designation
Restricted
designation of government agency
Changes
to designated government agency
Comments
on the exemption regulation
Municipalities
By-laws
City
of Ottawa
Progress
towards equality
Universities
Consent
of the university
Enabling
statute
French-Language Services Plans
French-language
services plans
Ministerial
approval
Periodic
report
Promotion of French
Commitment
Coordination
Implementation
Consultation
Minister and Employees
Minister
Office
of the Franco-Ontarian community
Advisory
Council on the Franco-Ontarian Community
French Language Services
Commissioner
Commissioner
Nature
of employment
Remuneration
and benefits
Office
of the French Language Services Commissioner
Employees
Premises
and supplies
Immunity
Mandate
Complaint
investigations at the discretion of the Commissioner
Investigations
Involvement
in litigation
Annual
report
Other
reports
Publication
of reports
French Language Services
Coordinators
French
Language Services Coordinators
General
Appeals
Costs
and disbursements
Language
rights support program
Fund
for the Promotion of the Franco-Ontarian Community
Money
appropriated by the Legislation
Other
languages
Conflict
with other Acts
Regulations
Repeal, Amendments to Other Acts,
Commencement and
Short Title
French
Language Services Act
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
Housing
Services Act, 2011
Local
Health System Integration Act, 2006
Commencement
Short
title
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
majority. The policy remained in effect for over a decade. This is 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
Definitions
1 In 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; (“communauté franco-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
2 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 has the right to use French or
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
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
that are enacted or made in both languages are equally authoritative.
Administration of Justice
Application
7 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 official languages of courts and
Right
(2) Everyone
tribunals, including written proceedings, oral pleadings, written pleadings and
other documents.
disadvantage
(3) No
person shall be disadvantaged in a proceeding before a court or tribunal because
of the election made under subsection (2).
Hearings
(4) Subject
to any requirement under this Act or any other Act or other requirement
respecting the use of French in hearings by a court or tribunal,
(
a) hearings
(
b) documents
translation certified as true by an affidavit of the translator.
Bilingual
proceedings
(1) A party to a proceeding before a court or a
tribunal who speaks French has the right to require that the proceeding be
tried as a bilingual proceeding in accordance with this section.
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
3. If
a bilingual hearing is held before a judge and jury, the jury is made up of individuals
received, recorded and transcribed in the language in which they are presented.
4. Oral
shall be received, recorded and transcribed in the language in which it is
given.
5. At
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 in which the defendant has
elected to be tried in a bilingual proceeding, the prosecutor assigned to the
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 parties 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
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 provide for the translation into French
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
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, shall be published in French and in
(
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
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
in accordance with this Act, to 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
16 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 of the municipality shall be in both
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
20 Sections 18 and 19 do not limit the power of the City of
Ottawa or other municipalities to promote the advancement of equality of status
Universities
Consent
of the university
21 A 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
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 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
27 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
28 The Minister shall take such measures as he or she
considers advisable to promote progress toward the equality of status and use
(
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
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 shall be an office known as Commissariat
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
38 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
43 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
46 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
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
(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
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
56 The French Language Services Act
is repealed.
City
of Ottawa Act, 1999
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 18 (1) of the Franco-Ontarian Community Act,
2019 ”.
Connecting
Care Act, 2019
58 Clause 6 (
h) of the Connecting Care
Act, 2019 is amended by striking out “ French
Language Services Act ” and substituting “ Franco-Ontarian
Community Act, 2019 ”.
Farm
Products Payments Act
59 Subsection 13 (2) of the Farm Products Payment Act is
amended by striking out “ French Language Services Act ”
and substituting “ Franco-Ontarian Community Act, 2019 ”.
Farm
Registration and Farm Organizations Funding Act, 1993
60 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, 2019 ”.
Franco-Ontarian
Emblem Act, 2001
61 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
62 (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
(1) Clause 5 (e.1) of the Local Health System Integration Act, 2006 is amended by
striking out “ French Language Services Act ” and
substituting “ Franco-Ontarian Community Act, 2019 ”.
(2) Subsection
14 (5) of the Act is amended by striking out “ French
Language Services Act ” at the end and substituting “ Franco-Ontarian Community Act, 2019 ”.
Commencement
(1) Subject to subsection (2), this Act comes
into force on the day it receives Royal Assent.
(2) Section
60 comes into force on the later of the day
section 10 of
Schedule 1 to the Restoring Ontario’s Competitiveness Act, 2019 comes into
force and the day this Act receives Royal Assent.
Short
title
65 The
short title of this Act is the Franco-Ontarian
Community Act, 2019 .
Date Bill stage Event Outcome Committee
November 5, 2019
First Reading
Vote
Carried
Debates and Progress
First Reading
November 5, 2019
Committee
Second Reading
Committee
Third Reading
Royal Assent
Acts affected - Bill 137
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
Franco-Ontario Community Act, 2019
French Language Services Act
Housing Services Act, 2011
Local Health System Integration Act, 2006
Legislative Assembly of Ontario
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