French Language Services Act

Whereas the French language is an historic and honoured language in Ontario and recognized by the Constitution as an official language in Canada; and whereas in Ontario the French language is recognized as an official language in the courts and in education; and whereas the Legislative Assembly recognizes the contribution of the cultural heritage of the French speaking population and wishes to preserve it for future generations; and whereas it is recognized that the cultural heritage of the French speaking population is enriched by its diversity; and whereas it is desirable to guarantee the use of the French language in institutions of the Legislature and the Government of Ontario, as provided 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: Section Amendments with date in force (d/m/y) 2021…

Definitions

1 In this Act, “government agency” means, (a) a ministry of the Government of Ontario, except that a psychiatric facility, residential facility or college of applied arts and technology that is administered by a ministry is not included unless it is designated as a public service agency by the regulations, (b) a board, commission or corporation the majority of whose members or directors are appointed by the Lieutenant Governor in Council, (c) a non-profit corporation or similar entity that provides a service to the public, is subsidized in whole or in part by public money and is designated as a public service agency by the regulations, (d) a long-term care home as defined in the Fixing Long-Term Care Act, 2021 that is designated as a public service agency by the regulations or a home for special care as defined in the Homes for Special Care Act that is designated as a public service agen…

Rights and Obligations

2 The Government of Ontario shall ensure that services are provided in French in accordance with this Act. R.S.O. 1990, c. F.32, s. 2. Section Amendments with date in force (d/m/y) 2013, c. 16, s. 2 - 01/01/2014

2.1 (1) The Treasury Board or Management Board of Cabinet may issue directives to government agencies, (a) governing the provision of services in French, including, for greater certainty, communications with the public that are services within the meaning of the definition of “service” in section 1; (b) governing any matter prescribed by regulation for the purposes of this clause. 2021, c. 40, Sched. 13, s. 3. General or particular (2) A directive issued under subsection (1) may be general or particular in its application. 2021, c. 40, Sched. 13, s. 3. Status (3) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives issued under subsection (1). 2021, c. 40, Sched. 13, s. 3. Compliance required (4) Each government agency shall ensure that it complies with any directives issued under subsection (1). 2021, c. 40, Sched. 13, s. 3. Section Amendments wi…

3 (1) Everyone has the right to use English or French in the debates and other proceedings of the Legislative Assembly. R.S.O. 1990, c. F.32, s. 3 (1). Bills and Acts of the Assembly (2) The public Bills of the Legislative Assembly shall be introduced and enacted in both English and French. R.S.O. 1990, c. F.32, s. 3 (2); 2021, c. 40, Sched. 13, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 4 - 09/12/2021

4 (1) Before the 31st day of December, 1991, the Attorney General shall cause to be translated into French a consolidation of the public general statutes of Ontario that were re-enacted in the Revised Statutes of Ontario, 1980, or enacted in English only after the coming into force of the Revised Statutes of Ontario, 1980, and that are in force on the 31st day of December, 1990. R.S.O. 1990, c. F.32, s. 4 (1). Enactment (2) The Attorney General shall present the translations referred to in subsection (1) to the Legislative Assembly for enactment. R.S.O. 1990, c. F.32, s. 4 (2). Translation of regulations (3) The Attorney General shall cause to be translated into French such regulations as the Attorney General considers appropriate and shall recommend the translations to the Executive Council or other regulation-making authority for adoption. R.S.O. 1990, c. F.32, s. 4 (3). Note: On a day…

4 (1) The Lieutenant Governor in Council may make regulations, (a) requiring regulations to be made in English and in French; (b) requiring, for regulations that have already been made but that are not bilingual, that a French version be added by the regulation-making authority. 2021, c. 40, Sched. 13, s. 5. Exemptions (2) Regulations made under subsection (1) may provide for exemptions from requirements made by such regulations and may prescribe conditions for any such exemptions. 2021, c. 40, Sched. 13, s. 5. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 5 - not in force

5 (1) A person has the right in accordance with this Act to communicate in French with, and to receive available services in French from, any office of a government agency or institution of the Legislature, (a) that is a head or central office; (b) that is located in or serves an area designated by regulation for the purposes of this clause; or (c) that is designated by regulation for the purposes of this clause. 2021, c. 40, Sched. 13, s. 6 (1). Active offer of services in French (1.1) If a person has a right under subsection (1) to receive services in French from an office of a government agency or institution of the Legislature, the agency or institution shall do the following to bring the availability of those services in French to the attention of the person from the time contact is first made between the person and the office: 1. Take measures prescribed for the purposes of this pa…

6 This Act shall not be construed to limit the use of the English or French language outside of the application of this Act. R.S.O. 1990, c. F.32, s. 6.

7 The obligations of government agencies and institutions of the Legislature under this Act are subject to such limits as circumstances make reasonable and necessary, if all reasonable measures and plans for compliance with this Act have been taken or made. R.S.O. 1990, c. F.32, s. 7.

8 The Lieutenant Governor in Council may make regulations generally for the better administration of this Act and, without limiting the generality of the foregoing, may make regulations, (a) designating public service agencies for the purpose of the definition of “government agency”; (a.1) prescribing matters for the purposes of clause 2.1 (1) (b); (b) designating areas for the purposes of clause 5 (1) (b); (b.1) designating offices for the purposes of clause 5 (1) (c); (b.2) prescribing measures for the purposes of paragraph 1 of subsection 5 (1.1); (c) exempting services from the application of sections 2 and 5 where, in the opinion of the Lieutenant Governor in Council, it is reasonable and necessary to do so and where the exemption does not derogate from the general purpose and intent of this Act; (d) governing the provision of services in French under a contract with a person who ha…

9 (1) A regulation designating a public service agency may limit the designation to apply only in respect of specified services provided by the agency, or may specify services that are excluded from the designation. R.S.O. 1990, c. F.32, s. 9 (1). Consent of university (2) A regulation made under this Act that applies to a university is not effective without the university’s consent. R.S.O. 1990, c. F.32, s. 9 (2).

10 (1) This section applies to a regulation, (a) exempting a service under clause 8 (c); (b) revoking the designation of a public service agency; (c) amending a regulation designating a public service agency so as to exclude or remove a service from the designation. R.S.O. 1990, c. F.32, s. 10 (1). Idem (2) A regulation to which this section applies shall not be made until at least forty-five days after a notice has been published in The Ontario Gazette and a newspaper of general circulation in Ontario setting forth the substance of the proposed regulation and inviting comments to be submitted to the Minister. R.S.O. 1990, c. F.32, s. 10 (2); 2013, c. 16, s. 3. Idem (3) After the expiration of the forty-five day period, the regulation with such changes as are considered advisable may be made without further notice. R.S.O. 1990, c. F.32, s. 10 (3). Section Amendments with date in force (d…

Minister and Employees

11 (1) The Minister is responsible for the administration of this Act. R.S.O. 1990, c. F.32, s. 11 (1); 2013, c. 16, s. 4 (2). Functions (2) The functions of the Minister are to develop and co-ordinate the policies and programs of the government relating to Francophone Affairs and the provision of French language services and for the purpose, the Minister may, (a) prepare and recommend government plans, policies and priorities for the provision of French language services; (b) co-ordinate, monitor and oversee the implementation of programs of the government for the provision of French language services by government agencies and of programs relating to the use of the French language; (c) make recommendations in connection with the financing of government programs for the provision of French language services; (d) review the availability and quality of French language services and make re…

12 There shall be a ministry of the public service to be known in English as the Ministry of Francophone Affairs and in French as le ministère des Affaires francophones. 2021, c. 40, Sched. 13, s. 9. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 35, Sched. C, s. 48 - 20/08/2007 2013, c. 16, s. 5 (1, 2) - 01/01/2014 2021, c. 40, Sched. 13, s. 9 - 09/12/2021

Accountability of Ministers, Reports

12.0.1 Each minister is accountable to the Executive Council for, and shall report to the Executive Council on, (a) the implementation of this Act by their ministry; and (b) the quality of the French language services provided by their ministry. 2021, c. 40, Sched. 13, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 10 - 09/12/2021

Provincial Advisory Committee on Francophone Affairs

12.0.2 (1) The Provincial Advisory Committee on Francophone Affairs, established by Order in Council, is continued. 2021, c. 40, Sched. 13, s. 11. Mandate (2) The Committee shall provide advice to the Minister with respect to this Act and Ontario’s French speaking population. 2021, c. 40, Sched. 13, s. 11. Additional duties (3) The Lieutenant Governor in Council may, by order, assign additional duties to the Committee. 2021, c. 40, Sched. 13, s. 11. Status (4) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order made under subsection (3). 2021, c. 40, Sched. 13, s. 11. Appointment (5) The members of the Committee shall be appointed by the Lieutenant Governor in Council. 2021, c. 40, Sched. 13, s. 11. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 11 - 09/12/2021

Ombudsman

12.1 (1) The Ombudsman may exercise the powers and shall perform the duties and functions assigned to him or her under this Act. 2018, c. 17, Sched. 20, s. 2. Same (2) Every power possessed by the Ombudsman in carrying out his or her functions and responsibilities under the Ombudsman Act, and every duty to comply with the exercise of such a power, is also a power and duty under this Act, subject to any necessary modification. 2018, c. 17, Sched. 20, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 16, s. 3 - 17/05/2007; 2007, c. 7, Sched. 16, s. 4 - 20/08/2007 2013, c. 16, s. 6 - 01/01/2014 2018, c. 17, Sched. 20, s. 2 - 01/05/2019

12.1.1-12.1.6 Repealed: 2018, c. 17, Sched. 20, s. 2. Section Amendments with date in force (d/m/y) 2013, c. 16, s. 6 - 01/01/2014 2018, c. 17, Sched. 20, s. 2 - 01/05/2019

12.2 It is the function of the Ombudsman to encourage compliance with this Act by, (a) conducting investigations into the extent and quality of compliance with this Act, pursuant to complaints relating to French language services made by any person or on the Ombudsman’s own initiative; (b) preparing reports on investigations, including recommendations for improving the provision of French language services; (c) monitoring the progress made by government agencies in providing French language services; (d) advising the Minister on matters related to the administration of this Act; and (e) performing such other functions as may be assigned to the Ombudsman by the Lieutenant Governor in Council. 2007, c. 7, Sched. 16, s. 3; 2018, c. 17, Sched. 20, s. 3, 8. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 16, s. 3 - 17/05/2007 2018, c. 17, Sched. 20, s. 3, 8 - 01/05/2019

12.3 Repealed: 2018, c. 17, Sched. 20, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 16, s. 3 - 17/05/2007 2018, c. 17, Sched. 20, s. 4 - 01/05/2019

12.4 (1) Subject to this Act, the Ombudsman may determine the procedure to be followed in conducting an investigation. 2007, c. 7, Sched. 16, s. 3; 2018, c. 17, Sched. 20, s. 8. Notice to be given to deputy head (2) Before beginning an investigation, the Ombudsman shall inform the deputy head or other administrative head of the government agency concerned of his or her intention to conduct an investigation. 2007, c. 7, Sched. 16, s. 3; 2018, c. 17, Sched. 20, s. 8. Application of Public Inquiries Act, 2009 (3) Section 33 of the Public Inquiries Act, 2009 applies to an investigation by the Ombudsman under this Act. 2009, c. 33, Sched. 6, s. 60; 2018, c. 17, Sched. 20, s. 5 (1). (3.1) Repealed: 2018, c. 17, Sched. 20, s. 5 (2). Report on results of investigation (4) The Ombudsman shall report the results of an investigation, (a) where the investigation arises from a complaint, to the compl…

12.5 (1) The Ombudsman shall ensure there is an annual report to the Speaker of the Assembly on the activities of his or her office under this Act. 2018, c. 17, Sched. 20, s. 6. Recommendations (2) The report shall be known as the Annual Report of the French Language Services Commissioner and shall include the Commissioner’s recommendations for improving the provision of French language services. 2018, c. 17, Sched. 20, s. 6. Copy of report (3) Upon the report being provided to the Speaker, the Ombudsman shall provide a copy of the report to the Minister. 2018, c. 17, Sched. 20, s. 6. Tabling of report (4) The Speaker shall lay the report before the Assembly at the earliest reasonable opportunity. 2018, c. 17, Sched. 20, s. 6. Inclusion in Ombudsman report (5) The annual report may, in the Ombudsman’s discretion, be included in the Ombudsman’s annual report prepared under section 11 of t…

12.6 (1) The Ombudsman may at any time prepare and submit, to the Speaker of the Assembly, any other report that the Ombudsman considers appropriate on any matter related to this Act. 2013, c. 16, s. 8; 2018, c. 17, Sched. 20, s. 8. Copy of report before submission (2) Before submitting a report under subsection (1), the Ombudsman shall deliver a copy of it to any member of the Executive Council who presides over and has charge of any ministry or to the head of any public entity to which the report is relevant. 2013, c. 16, s. 8; 2018, c. 17, Sched. 20, s. 8. Interpretation, head of a public entity (3) A reference in subsection (2) to the head of a public entity is a reference to its chief executive officer or to a person who holds a similar position with respect to the public entity. 2013, c. 16, s. 8. Copy of report (4) Upon submitting a report under subsection (1), the Ombudsman shall…

12.7 Repealed: 2021, c. 40, Sched. 13, s. 12. Section Amendments with date in force (d/m/y) 2013, c. 16, s. 8 - 01/01/2014 2018, c. 17, Sched. 20, s. 7 - 01/05/2019 2021, c. 40, Sched. 13, s. 12 - 09/12/2021

12.8 Repealed: 2021, c. 40, Sched. 13, s. 12. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 20, s. 7 - 01/05/2019 2021, c. 40, Sched. 13, s. 12 - 09/12/2021

12.9 (1) The Ombudsman shall appoint a Deputy Ombudsman who shall be known as the French Language Services Commissioner. 2018, c. 17, Sched. 20, s. 7. Duties (2) The French Language Services Commissioner may exercise the powers and shall perform the duties of the Ombudsman under this Act, subject to the direction of the Ombudsman. 2018, c. 17, Sched. 20, s. 7. Employee (3) The French Language Services Commissioner is an employee of the office of the Ombudsman. 2018, c. 17, Sched. 20, s. 7. French proficiency (4) The French Language Services Commissioner shall be proficient in French. 2018, c. 17, Sched. 20, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 20, s. 7 - 01/05/2019

12.10 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 20 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 20, s. 7. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 20, s. 7. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 20, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 20, s. 7 - 01/05/2019

French Language Services Co-ordinators

13 (1) A French language services co-ordinator shall be appointed for each ministry of the government other than the Ministry of Francophone Affairs. R.S.O. 1990, c. F.32, s. 13 (1); 2021, c. 40, Sched. 13, s. 13 (1). Committee (2) There shall be a committee consisting of the French language services co-ordinators, presided over by the deputy minister of Francophone Affairs or the deputy minister’s delegate. 2021, c. 40, Sched. 13, s. 13 (2). Communication (3) Each French language services co-ordinator may communicate directly with his or her deputy minister. R.S.O. 1990, c. F.32, s. 13 (3). (4) Repealed: 2021, c. 40, Sched. 13, s. 13 (3). Section Amendments with date in force (d/m/y) 2013, c. 16, s. 9 - 01/01/2014 2021, c. 40, Sched. 13, s. 13 (1-3) - 09/12/2021

Municipalities

14 (1) The council of a municipality that is in an area designated for the purposes of clause 5 (1) (b) may pass a by-law providing that the administration of the municipality shall be conducted in both English and French and that all or specified municipal services to the public shall be made available in both languages. R.S.O. 1990, c. F.32, s. 14 (1); 2021, c. 40, Sched. 13, s. 14 (1). Right to services in English and French (2) When a by-law referred to in subsection (1) is in effect, a person has the right to communicate in English or French with any office of the municipality, and to receive available services to which the by-law applies, in either language. R.S.O. 1990, c. F.32, s. 14 (2). Regional councils (3) Where an area designated for the purposes of clause 5 (1) (b) is in a regional municipality and the council of a municipality in the area passes a by-law under subsection (…

Miscellaneous

15 (1) The Lieutenant Governor in Council may make regulations providing for transitional matters arising from the enactment of Schedule 20 to the Restoring Trust, Transparency and Accountability Act, 2018. 2018, c. 17, Sched. 20, s. 9. Conflicts (2) If there is a conflict between a regulation made under subsection (1) and a provision of this or any other Act or a provision of another regulation made under this or any other Act, the regulation made under subsection (1) prevails. 2018, c. 17, Sched. 20, s. 9. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 20, s. 9 - 01/05/2019

Review of the Act

16 (1) At least every 10 years, the Government of Ontario shall review this Act. 2021, c. 40, Sched. 13, s. 15. Consultation (2) As part of the review, the Minister shall, in a manner the Minister considers appropriate, inform the public that this Act is being reviewed and solicit the views of the public with respect to this Act. 2021, c. 40, Sched. 13, s. 15. When reviews shall begin (3) The first review under this section shall begin before the end of 2031, and each subsequent review shall begin before the 10th anniversary of the beginning of the previous review. 2021, c. 40, Sched. 13, s. 15. Report (4) Within one year after a review is completed, the Minister shall prepare a report setting out the findings of the review and deliver the report to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity. 2021, c. 40, Sched. 13, s.…