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Bill 126, La Francophonie Act, 2019

Des Rosiers, Nathalie

Lalonde, Marie-France

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Status

Debates

Original

Bill 126 Original (PDF)

EXPLANATORY

NOTE

The

Bill replaces the French Language Services Act with

a new La Francophonie Act, 2019 that codifies and

clarifies the provision of French-language services in Ontario. Here are some

highlights of the Bill.

The

Legislative Assembly shall operate bilingually. Regulations shall be bilingual.

Courts

and tribunals shall all be able to operate in French and important decisions

shall be published bilingually.

Government

entities shall actively offer services bilingually, including bilingual

signage.

Municipalities

may opt to operate bilingually. Ottawa’s bilingual character is recognized.

Universities

may be designated to operate bilingually, and a procedure is set out to make

such universities’ establishing legislation bilingual.

French-language

services plans must be made by government entities.

The

Francophonie of Ontario must be maintained and developed.

There

are established or continued an Office de La Francophonie, an Advisory Council

on La Francophonie, a Commissioner of La Francophonie as an officer of the

Assembly, a system of French Language Services Coordinators throughout

government entities, a language rights support program and a Fund for the

Promotion of La Francophonie, all to be funded out of money appropriated for

these purposes by the Legislature.

Bill 126 2019

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

CONTENTS

Preamble

Definitions

Definitions

Purpose and Principles

Purpose

Principles

Provision

of services in French

Legislative Debates, Work and Acts

Right

Translation

of Acts and regulations

Equal

authority

Administration of Justice

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 providing public services

Opinions

and comments on the exemption regulation

Municipalities

By-laws

City

of Ottawa

Progress

towards equality

Universities

Consent

of the university

Enabling

statutes

Progress

towards equality

French-Language Services Plans

French-language

services plans

Ministerial

approval

Periodic

report

Promotion of French

Commitment

Coordination

Implementation

Consultation

Minister and Employees

Minister

Office

de La Francophonie

Advisory

Council on La Francophonie

Commissioner of La Francophonie

Commissioner

of La Francophonie

Nature

of employment

Remuneration

and benefits

Office

of the Commissioner of La Francophonie

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 La Francophonie

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

Registration and Farm Organizations Funding Act, 1993

Housing

Services Act, 2011

Local

Health System Integration Act, 2006

Commencement

Short

title

Preamble

The “Francophonie,” including the French-speaking Métis,

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

The

Constitution recognized French as an official language in Canada.

French

is an official language of education and justice in Ontario.

The

Legislative Assembly recognizes the contribution of the cultural heritage of La

Francophonie and wishes to preserve it for future generations.

The

Legislative Assembly commits itself to fostering the maintenance and

development of La Francophonie.

The

Legislative Assembly undertakes to guarantee the use of French in government

agencies and institutions of the Legislature, as provided for in this Act.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions

Definitions

1 In this Act,

“Board

of Internal Economy” means the Board of Internal Economy established by

section

87 of the Legislative Assembly Act ; (“Commission de

régie interne”)

“Commissioner”

means the Commissioner for Ontario’s Francophonie; (“commissaire”)

“Francophonie”

means the community of people whose mother tongue is French and those who,

although it is not their mother tongue, have a special affinity with French; (“Francophonie”)

“French-language

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

“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 17 (1),

(

d) a

not-for-profit corporation or similar organization that provides a service to

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

public purse, and is designated by the regulations as an agency providing

public services, including universities and colleges of applied arts and

technology,

but

does not include, unless the regulations designate them as bodies providing

public services,

(

e) a

psychiatric institution,

(

f) a

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

Act, 2007 ,

(

g) a

municipal home or a joint home under

Part VIII of the Long-Term

Care Homes Act, 2007 ,

(

h) a

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

(

i) a

service provider within the meaning of the Child, Youth

and Family Services Act, 2017 or a 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 Legislative

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

interest, including professional regulators, officers of the Assembly and court

administration; (“institution publique”)

“service”

means a service or procedure that a government agency or public institution

provides to the public, and includes communications made to provide the

service; (“service”)

“third

party” means a person or entity that provides a service on behalf of a

government agency. (“tiers”)

Purpose and Principles

Purpose

2 The purpose of this Act is to,

(

a) ensure

the protection of French and Francophone cultures;

(

b) foster

the preservation and development of La Francophonie;

(

c) contribute

(

d) specify

the obligations of government agencies and public institutions with respect to

La Francophonie; and

(

e) require

the services of government agencies and public institutions to be offered

Principles

(1) The following principles guide the

administration of this Act:

collaboration

and dialogue

1. Collaboration

and dialogue between representatives of government agencies and public

institutions and representatives of La Francophonie promote the maintenance and

development of this community.

equality

2. In

order to promote the maintenance and development of Ontario’s Francophonie, the

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

active

offer

3. The

concept of active offer is one of the cornerstones underlying the supply and

delivery of services in French.

Definition

(2) In

this section,

“active

offer” means a set of measures taken to ensure that services in French are

clearly advertised, visible, readily available and of equal quality to the

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

as first contact with customers.

Provision

of services in French

4 The Government of Ontario is responsible for the

application and enforcement of this Act.

Legislative Debates, Work and Acts

Right

in debates and other proceedings of the Legislative Assembly.

Bills

and Acts of the Assembly

(2) Bills

Records

and minutes

(3) The

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

Translation

of Acts and regulations

6 The Attorney General shall cause to be translated into French

the regulations made in Ontario after the day this Act receives Royal Assent.

Equal

authority

that are enacted or made in both languages are equally authoritative.

Administration of Justice

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 because of the election made under subsection

(2).

Hearings

(4) Unless

the use of French is otherwise provided for,

(

a) hearings

(

b) documents

translation certified as true by an affidavit of the translator.

Bilingual

proceedings

(1) A party to a proceeding who speaks French

has the right to require that the proceeding be tried as a bilingual

proceeding.

Rules

for bilingual proceedings

(2) The

following rules apply to bilingual oral and written proceedings before courts

and tribunals:

1. Bilingual

oral proceedings shall be heard by individuals who understand French without

the assistance of an interpreter or of any technique of simultaneous

interpretation or consecutive

interpretation.

2. Written

3. If

a bilingual hearing is held before a judge and jury, the jury is made up of

are 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, by a government agency or

by a public institution, the prosecutor assigned to the case must be a person

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 body and every public institution shall actively offer its services

Exemption

(3) A

government agency or public institution is exempt from its obligations under

subsection (1) if all reasonable steps have been taken and all reasonable

proposals have been made to enforce this Act.

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, other signs, posters and commercial

Regulations

(2) The

Lieutenant Governor in Council may make regulations providing for the gradual

replacement of public signs and other signs referred to in subsection (1) that,

at the time of the coming into force of this Act, do not comply with the

requirements of this Act.

Designation

Restricted

designation of government agency providing public services

(1) A regulation designating a government agency

that provides public services may restrict the scope of the designation so that

it relates only to specific services that the agency provides, or specify the

services that are excluded from the designation.

Extension

of designation

(2) A

government agency that was, before this Act came into force, the subject of a

designation regulation as a body providing public services is deemed to have

been designated for the purposes of this Act.

Opinions

and comments on the exemption regulation

(1) This

section applies to a regulation,

(

a) to

exempt a service under subsection 15 (1);

(

b) to

revoke the designation of a government agency that provides public services; or

(

c) to

amend a regulation that designates a government agency that provides public

services to exclude or remove a service from the scope of the designation.

Notice

(2) A

regulation that this

section applies to may be made only after the expiry of a

period of not less than 45 days after publication, in the Ontario Gazette and a

media service generally read in Ontario, of a notice setting out the substance

of the proposed regulation and inviting the Commissioner and the public to

address their comments to the Minister.

Consideration

(3) Before

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

shall consider the comments of the Commissioner and the public.

Changes

without further notice

(4) After

the expiry of the 45-day period, the Lieutenant Governor in Council may,

without further notice, make any amendment to the regulation that contains any

changes that the Lieutenant Governor in Council considers desirable.

Municipalities

By-laws

(1) The council of a municipality may pass a

by-law providing that the administration of the municipality shall be in both French

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 French

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 not less than 45 days after the publication of a

notice setting out the substance of the proposed by-law and inviting the

Commissioner and the public to submit their comments to the council of the

municipality and to the Minister.

Consideration

(4) Before

passing a by-law under subsection (1), the council shall 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 17 (1) of this Act.

Progress

towards equality

19 Sections 17 and 18 do not limit the power of the City of

Ottawa or other municipalities to promote the advancement of equality of status

Universities

Consent

of the university

20 A regulation made under this Act designating a university as

a government agency has no effect without the consent of the university.

Enabling

statutes

(1) The Attorney General shall cause to be

translated into French the enabling statutes of any university that is the

subject or a regulation referred to in

section 20 within 365 days after the

designation.

Tabling

(2) As

soon as reasonably possible, the Attorney General shall table the translations

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

resolution within 30 days after the tabling.

Sitting

days

(3) Only

sitting days of the Legislative Assembly shall be taken into account for the

calculation of the 30-day period referred to in subsection (2).

Progress

towards equality

22 Sections 20 and 21 do not limit the power of universities

French-Language Services Plans

French-language

services plans

(1) Within 365 days after this Act receives

Royal Assent, every government agency and every public institution shall

prepare and submit to the Minister and the Commissioner a proposed

French-language services plan covering a period of two to five years.

Content

of French-language services plans

(2) Each

government agency and public institution shall set out in their proposed

French-language services plan,

(

a) the

priorities of La Francophonie with respect to the French-language services it

provides;

(

b) its

ability to provide French-language services;

(

c) the

French-language services that it intends to provide, particularly in the case

of services provided by third parties on its behalf;

(

d) the

other measures it intends to take to promote the preservation and development

of La Francophonie and to support its development;

(

e) whether

reasonable steps have been taken and reasonable proposals have been made to

take advantage of the exemption under subsection 13 (3); and

(

f) any

other subject prescribed by regulation.

Format

of French-language services plans

(3) The

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

Consultation

(4) Government

agencies and public institutions shall consult La Francophonie and develop

their French-language services plans according to the needs of La Francophonie.

Ministerial

approval

24 If the Minister considers the plan satisfactory, the

Minister shall approve a French-language services plan submitted by a

government agency or public institution. If he or she does not, he or she shall

send it back so that the government agency or public institution may modify it

according to his or her instructions.

Periodic

report

25 At the request of the Minister, a government agency or

public institution shall provide the Minister 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 governing body 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 Legislative Assembly and the Government

of Ontario shall promote the maintenance and development of La Francophonie and

support its development and promote the full recognition and use of French in

Ontario society.

Obligation

(2) It

is the responsibility of government agencies and public institutions to ensure

that steps are taken to implement this commitment.

Coordination

27 The Minister, in consultation with other ministers and the

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) to

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

(

b) to

encourage and support the learning of French;

(

c) to

encourage the public to better accept and appreciate French;

(

d) to

encourage businesses, employers and workers’ organizations, voluntary

organizations and others to provide their services in French and to promote the

recognition and use of French, and to ensure collaboration with them for these

purposes; and

(

e) to

encourage and assist organizations and associations to reflect and promote the

status of French.

Consultation

(1) La Francophonie has the right to be

consulted on the development of the principles of the application of and the

revision of programs promoting the advancement of the equality of status and

use of French in Ontario society in an open and participative manner.

Minister’s

action

(2) The

Minister shall take any action that the Minister considers appropriate to

provide for the public consultation referred to in subsection (1).

Minister and Employees

Minister

(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 La Francophonie and the provision of services in

French. For these purposes, he or she may,

(

a) act

as an advocate to ensure that the policies, programs and services of government

agencies and public institutions take into account the needs of La Francophonie

and that adequate resources are allocated to these 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

filed and set deadlines for their development and presentation; and

(

f) encourage

the representation of La Francophonie in the governing bodies of government

agencies and public institutions.

Same

(5) The

Minister 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 development of French in all sectors of Ontario society;

(

b) increased

learning, mastery and vitality of French;

(

c) public

awareness and appreciation of the history, use, status, importance and

diversity of French;

(

d) the

increase in French productions and the use of this language by all types of

media in all sectors of Ontario society;

(

e) the

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

(

f) the

recognition and support of French on the national and international scenes, as

well as by the private sector, including its legal recognition.

Annual

report

(7) At

the end of each fiscal year, the Minister shall submit to the Lieutenant

Governor in Council a report on the activities of the Office de La Francophonie

and the Advisory Council of La Francophonie, and shall then submit the report

to the Assembly if it is sitting, and if not, at the next session.

Office

de La Francophonie

(1) The employees deemed necessary to perform

the duties of the Minister shall be appointed under

Part III of the Public Service of Ontario Act, 2006 . These employees

together constitute the Office de La Francophonie.

Deputy

Minister

(2) The

Deputy Minister of the Office de La Francophonie shall be an Associate

Secretary of the Cabinet Office.

Functions

of the Office de La Francophonie

(3) The

Office de La Francophonie may,

(

a) review

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

their improvement;

(

b) recommend

the designation of agencies providing public services;

(

c) require

not-for-profit legal persons and similar organizations and institutions, homes

and colleges referred to in the definition of “government agency” in

section 1

to provide information that may be relevant to the making of recommendations on

their designation as public service bodies;

(

d) make

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

(3);

(

e) assist

and advise government agencies and public institutions on the development of

their French-language services plans and coordinate the approval of such plans;

and

(

f) where

applicable, recommend changes to the French-language services plans of

government agencies and public institutions.

Same

(4) The

Office de La Francophonie shall ensure that government agencies and public

institutions hire the necessary personnel to meet their obligations under this

Act and the needs of La Francophonie, including by notifying the Treasury Board

for this purpose.

Support

to Advisory Council on La Francophonie

(5) The

Office de La Francophonie shall provide the Advisory Council on La Francophonie

with the operational and administrative support it requires.

Other

duties

(6) The

Office de La Francophonie shall also perform the duties assigned to it by the

Minister, the Lieutenant Governor in Council or the Legislative Assembly.

Advisory

Council on La Francophonie

(1) The Advisory Council on La Francophonie is

hereby established.

Composition

(2) The

Advisory Council on La Francophonie is composed of,

(

a) the

Minister or his or her Deputy Minister, as chair;

(

b) the

Assistant Deputy Minister of the Office de La Francophonie;

(

c) the

Clerk of the Executive Council; and

(

d) Deputy

Ministers or French Language Services Coordinators from,

(

i) the

Ministry of the Attorney General,

(ii) the

Ministry of Government and Consumer Services,

(iii) Treasury

Board,

(iv) the

Ministry of Education,

(

v) a

Deputy Minister or French Language Services Coordinator appointed by the

Minister, and

(vi) at

least five members of La Francophonie recognized for their commitment to the

fulfilment of the purpose of this Act and appointed by the Minister.

Mandate

(3) The

Advisory Council on La Francophonie shall provide advice and recommendations on

measures to promote the maintenance and development of La Francophonie to the

Minister.

Same

(4) The

Advisory Council on La Francophonie may, at the request of the Minister,

(

a) review

and make recommendations with respect to this Act;

(

b) review

and make recommendations on French-language services plans;

(

c) review

and make recommendations on the French Language Communications Directive with

respect to its implementation;

(

d) develop

recommendations on the measures to be taken to encourage the representation of

La Francophonie in the governing bodies of government agencies and public

institutions; and

(

e) provide

advice and recommendations to the Minister on any other matter.

Meetings

(5) The

chair shall call the Advisory Council on La Francophonie at least twice a year.

Commissioner of La Francophonie

Commissioner

of La Francophonie

(1) There is hereby created a position called in

Francophonie, the incumbent of which is an officer of the Assembly.

Nomination

(2) The

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

the Assembly, but only if the person he or she appoints has been chosen by a

panel consisting of a Member of the government caucus, a Member of the Official

Opposition and a Member elected by the Assembly chaired by the Speaker who is a

member without voting rights.

Duration

of office

(3) The

Commissioner holds office for a five-year term, renewable once.

Continuation

of office

(4) The

Commissioner continues to hold office after the expiry of his or her term until

reappointed or until the appointment of his or her successor.

Revocation

(5) The

Lieutenant Governor in Council may, on the address of the Assembly, dismiss the

Commissioner 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 Commissioner of La

Francophonie, subject to the conditions provided in the delegation.

Vacancy

(7) If,

while the Assembly is not sitting, the Commissioner is unable to perform the

duties of his or her office for any reason or the office becomes vacant, the

Lieutenant Governor in Council shall appoint a temporary commissioner whose

duties terminate when the Commissioner is again capable of performing his or

her duties or when a new Commissioner is appointed under subsection (2), as the

case may be.

Choice

made by a special group

(8) The

Lieutenant Governor in Council may appoint a temporary commissioner under

subsection (7) only if the person he or she appoints has been chosen by a panel

consisting of a Member of the government caucus, a Member of the Official

Opposition and a Member elected by the Assembly chaired by the Speaker who is a

member 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 Commissioner of La Francophonie

(1) The portion of the Office of the Ombudsman

that was previously the Office of the French Language Services Commissioner is

continued under the name Commissariat à la Francophonie in French and Office of

Budget

(2) The

sums necessary for the administration of the Office of the Commissioner of La

Francophonie shall be paid out of the appropriations allocated for those

purposes by the Legislature.

Instructions

(3) The

Board of Internal Economy may direct the Commissioner with respect to expenses

and the Commissioner shall comply with the directions.

Estimates

(4) The

Commissioner shall, each year, submit to the Board of Internal Economy the

estimates of the sums of money required to perform the duties assigned to him

or her by this Act.

Review

(5) The

Board of Internal Economy shall review the estimates and may vary them as it

considers appropriate.

Verification

(6) The

accounts and financial operations of the Office of the Commissioner of La

Francophonie shall be audited annually by the Auditor General.

Employees

(1) Subject to the approval of the Board of Internal

Economy, the Commissioner may employ such persons as he or she considers

necessary for the proper functioning of the Office of the Commissioner of La

Francophonie. He or she may fix their wages or their salaries and their

conditions of employment.

Salaries

or wages

(2) Salaries

or wages determined under subsection (1) shall be comparable to those of

employees employed under

Part III of the Public Service of

Ontario Act, 2006 to work in similar positions.

Benefits

(3) The

employees of the Office of the Commissioner of La Francophonie shall have benefits

comparable to those of employees employed under

Part III of the Public Service of Ontario Act, 2006 who work in similar

positions, with respect to,

(

a) cumulative

vacation and sick leave credits and related payments;

(

b) group

life insurance, medical and surgical expense insurance or long-term income

protection plans; and

(

c) the

granting of leave.

Same

(4) For

the purposes of subsection (3), if benefits to an employee of the Office of the

Commissioner of La Francophonie are conditional on the exercise of a power or

discretionary function, that power of function may be exercised by the

Commissioner or by any person he or she authorizes in writing.

Premises

and supplies

38 The Commissioner may lease the premises and acquire the

equipment and supplies necessary for the proper functioning of the Office of

the Commissioner of La Francophonie.

Immunity

(1) No proceeding shall be commenced against the

Commissioner or an employee of the Office of the Commissioner of La

Francophonie for any act done or omitted in good faith in the performance or

purported performance of his or her duties under this Act.

Testimony

(2) Neither

the Commissioner nor an employee of the Office of the Commissioner of La Francophonie

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,

within the scope of his or her powers under subsection (2), measures to ensure

compliance with this Act, the promotion of French and the maintenance and

development of La Francophonie.

Same

(2) To

fulfil its mandate, the Commissioner may,

(

a) conduct

inquiries into the extent to which this Act is being observed and the quality

of the compliance, whether as a result of complaints about French-language

services and the French-language services plans of any person or on its own

initiative;

(

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 maintenance and development of La Francophonie;

(

e) advise

the Minister respecting French-language services plans;

(

f) provide

training to government agencies and public institutions regarding the

administration of this Act;

(

g) make

the public aware of the application of this Act;

(

h) institute

legal proceedings in accordance with

section 43; and

(

i) exercise

any other powers and duties that the Lieutenant Governor in Council assigns to

him or her.

Complaint

investigations at the discretion of the Commissioner

(1) The Commissioner may, at his or her

discretion, decide not to take any action as a result of a complaint about the

administration of this Act, including refusing or discontinuing a complaint if,

(

a) the

complaint is futile;

(

b) the

complaint is frivolous, vexatious or made in bad faith;

(

c) the

subject matter of the complaint has already been investigated and has been settled;

(

d) the

subject matter of the complaint does not relate to a contravention or failure

to comply with this Act or, for any other reason, does not fall within the

Commissioner’s jurisdiction under this Act.

Notice

given to the author of the complaint

(2) If

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

to take any other action in respect of the complaint, the Commissioner shall

give written notice of the decision to the person making the complaint.

Investigations

(1) Subject to this Act, the Commissioner may

determine the procedure to be followed in conducting an investigation.

Duty

to notify the deputy head

(2) Before

commencing an investigation, the Commissioner shall notify the deputy head or

another chief administrator of the government agency, public institution,

municipality or university of his or her intention to investigate.

Application

of the Public Inquiries Act, 2009

(3) Section

33 of the Public Inquiries Act, 2009 applies to an

investigation conducted by the Commissioner.

Confidentiality

(4) Information

disclosed to the Commissioner under this Act is confidential and may not be

disclosed to anyone except,

(

a) by

the person the information concerns or with his or her consent;

(

b) in

the course of a criminal proceeding according to rules of law; or

(

c) in

accordance with this Act.

Relation

to other Acts

(5) Subsection

(4) prevails over the Freedom of Information and

Protection of Privacy Act and the Municipal Freedom

of Information and Protection of Privacy Act .

Report

on the outcome of an investigation

(6) The

Commissioner shall report the result of an investigation,

(

a) in

the case of an investigation resulting from a complaint, to the complainant, to

the deputy head or to another chief administrator of the government agency,

public institution, municipality or university concerned and to the Speaker of

the Assembly; and

(

b) in

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

or other chief administrator of the government agency, public institution,

municipality or university and to the Speaker of the Assembly.

Involvement

in litigation

43 The Commissioner may,

(

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 La Francophonie, shall

file with the Assembly a response to the Commissioner’s annual report within 90

days after its being tabled in the Assembly.

Other

reports

(1) The Commissioner may, at any time, prepare

and present to the Speaker of the Assembly such other report as he or she

considers appropriate on any matter relating to this Act.

Delivery

of a copy of the report prior to its presentation

(2) Before

submitting a report under subsection (1), the Commissioner shall provide a copy

of the report to any member of the Executive Council who heads and is

responsible for a relevant office or to the head of any public entity

concerned.

Interpretation:

head of a public entity

(3) The

reference in subsection (2) to the head of a public entity shall be read as a

reference to the Chief Executive Officer or a person who holds a similar

position with respect to the entity.

Copy

of the report

(4) When

submitting a report under subsection (1), the Commissioner shall provide a copy

to the Minister and may deliver a copy to any person he or she considers

appropriate.

Tabling

of report

(5) On

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

before the Assembly as soon as reasonably possible.

Publication

of reports

46 The Commissioner may, in such manner as he or 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,

chaired by the senior official of the Office de La Francophonie.

Functions

(3) A

French Language Services Coordinator shall,

(

a) establish

a process of consultation of La Francophonie;

(

b) identify

the priorities of his or her government agency or public institution as and

when required; and

(

c) establish

the French-language services plan of his or her government agency or public

institution in accordance with established needs.

Communication

(4) Each

French Language Services Coordinator may communicate directly with his or her

Deputy Minister or, in the case of an officer of the Assembly, with the

officer.

Deputy

Minister

(5) Each

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

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

body.

General

Appeals

(1) A person who has made a complaint to the

Commissioner under this Act may appeal under this section.

Limitation

(2) Unless

the Superior Court of Justice grants an extension to file the appeal on an application

made before or after the expiry of the normal time limit, the appeal shall be

filed within 60 days after the complainant has been informed of the findings of

the investigation or the recommendations or the refusal to commence or continue

an investigation.

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) However,

in any case where the Superior Court of Justice or the Court of Appeal

considers that the subject matter of the appeal has raised an important and new

point of law respecting this Act, it shall award the costs and disbursements to

the appellant even if the appeal is dismissed.

Language

rights support program

(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 La Francophonie

(1) The Fund for the Promotion of La

Francophonie is established as a special account in the Consolidated Revenue

Fund.

Objects

(2) The

assets of the Fund for the Promotion of La Francophonie must be used only to,

(

a) recognize

and promote the status, rights and privileges of French;

(

b) strengthen

cultural and linguistic expression in French through the media;

(

c) improve

French language literacy and proficiency, and reverse the process of language

loss and language assimilation;

(

d) value

or revitalize French and support its current use as the language of education,

work and daily life; and

(

e) strengthen

the vitality of La Francophonie, and create a favourable environment for its

cultural expression and community life.

Money

appropriated by the Legislation

52 The money required for the purposes of this Act shall be

paid out of the money appropriated for these purposes by the Legislature.

Other

languages

53 Nothing in this Act affects the use of other languages that

are outside the scope of this Act.

Conflict

with other Acts

(1) This Act prevails over the inconsistent

provisions of any other Act or regulation.

Exception

(2) Subsection

(1) does not apply to the Human Rights Code or its

regulations.

Regulations

55 The Lieutenant Governor in Council may make regulations,

(

a) designating

bodies for the purpose of the definition of “government agency” in

section 1;

(

b) exempting

services if, in the opinion of the Lieutenant Governor in Council, the measure

is reasonable and necessary and does not affect the general purpose of this

Act;

(

c) establishing

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

French by a government 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) prescribing

the procedure for bilingual proceedings under

section 9;

(

f) identifying

decisions to which clause 10 (1) (

a) applies;

(

g) prescribing

(

h) governing

the publication of documents in French of a government agency or public

institution;

(

i) governing

the operation of the Fund for the Promotion of La Francophonie;

(

j) providing

for any other measure necessary for the application of this Act.

Repeal, Amendments to Other Acts, Commencement and Short

Title

French

Language Services Act

56 The French Language Services Act

is repealed.

City

of Ottawa Act, 1999

Section 11.1 (2) of the City of

Ottawa Act, 1999 is amended by striking out “subsection 14 (1) of the French Language Services Act ” at the end and substituting

“subsection 17 (1) of the La Francophonie Act, 2019 ”.

Connecting

Care Act, 2019

58 Clause 6 (

h) of the Connecting Care

Act, 2019 is amended by striking out “ French

Language Services Act ” and substituting “ La

Francophonie Act, 2019 ”.

Farm

Registration and Farm Organizations Funding Act, 1993

59 Subsection 31.5 (2) of the Farm

Registration and Farm Organizations Funding Act, 1993 is amended by

striking out “ French Language Services Act ” and

substituting “ La Francophonie Act, 2019 ”.

Housing

Services Act, 2011

60 (1) Subsection 18 (1) of the Housing Services Act, 2011 is amended by striking out

“the French Language Services Act ” at the end and

substituting “the French Language Services Act , as

it read immediately before it was repealed”.

(2) Clause

18 (3) (

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

Language Services Act ” and substituting “the French

Language Services Act , as it read immediately before it was repealed”.

(3) Section

31 of the Act is amended by striking out “the French

Language Services Act ” at the end and substituting “the French Language Services Act , as it read immediately

before it was repealed”.

Local

Health System Integration Act, 2006

(1) Clause 5 (e.1) of the Local Health System Integration Act, 2006 is amended by

striking out “ French Language Services Act ” and

substituting “ La Francophonie Act, 2019 ”.

(2) Subsection

14 (5) of the Act is amended by striking out “ French

Language Services Act ” at the end and substituting “ La Francophonie Act, 2019 ”.

Commencement

(1) Subject to subsections (2) and (3), this

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

(2) Section

58 comes into force on the later of the day

section 6 of

Schedule 1 to The People’s Health Care Act, 2019 comes into force and

the day this Act receives Royal Assent.

(3) Section

59 comes into force on the later of the day

section 10 of

Schedule 1 to the Restoring Ontario’s Competitiveness Act, 2019 comes into

force and the day this Act receives Royal Assent.

Short

title

63 The

short title of this Act is the La

Francophonie Act, 2019 .

Date Bill stage Event Outcome Committee

June 5, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

June 5, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

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