O. Reg. 284/11: PROVISION OF FRENCH LANGUAGE SERVICES ON BEHALF OF GOVERNMENT AGENCIES

French Language Services Act

ONTARIO REGULATION 284/11

Provision of French Language Services on behalf of Government Agencies

Historical version for the period December 6, 2022 to March 31, 2023.

Last amendment: 545/22.

Legislative History: 545/22.

This is the English version of a bilingual regulation.

Definition

1. In this Regulation,

“third party” means a person or entity that has agreed with a government agency to provide a service on behalf of the agency.  O. Reg. 284/11, s. 1.

Provision of services in French

2. (1) By the day specified in subsection (3), every government agency shall ensure that all services that a third party provides to the public on its behalf under an agreement between the agency and the third party are provided in accordance with the Act.  O. Reg. 284/11, s. 2 (1).

(2) By the day specified in subsection (3), every government agency shall ensure that a third party providing a service in French to the public on its behalf shall take appropriate measures, including providing signs, notices and other information on services and initiating communication with the public, to make it known to members of the public that the service is available in French at the choice of any member of the public.  O. Reg. 284/11, s. 2 (2).

(3) Subject to section 7 of the Act, the day mentioned in subsection (1) or (2) is,

(a)  the three-year anniversary of the day this Regulation comes into force, if the agreement that the government agency has entered into with the third party comes into force before the day this Regulation comes into force; or

(b)  the day the agreement that the government agency has entered into with the third party comes into force, if it comes into force on or after the day this Regulation comes into force.  O. Reg. 284/11, s. 2 (3).

Note: On April 1, 2023, section 2 of the Regulation is revoked and the following substituted: (See: O. Reg. 545/22, s. 1)

Provision of services in French

2. (1) Every government agency shall ensure that a third party providing services to the public on its behalf does so in accordance with the provisions of the Act and the regulations made under the Act to which the government agency is itself subject. O. Reg. 545/22, s. 1.

(2) Despite subsection (1), if an agreement between a government agency and a third party is in force on the day Ontario Regulation 544/22 (Active Offer of Services in French — Prescribed Measures) made under the Act comes into force, the government agency is not required to ensure the third party’s compliance with the requirements of that Regulation until October 1, 2023. O. Reg. 545/22, s. 1.

Report

3. (1) By 30 days after the day specified in subsection 2 (3), every government agency that retains a third party to provide a service to the public on behalf of the agency shall file a report in accordance with subsection (2) setting out,

Note: On April 1, 2023, subsection 3 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following: (See: O. Reg. 545/22, s. 2 (1))

Report

(1) Every government agency that retains a third party to provide a service to the public on behalf of the agency shall, within 30 days after the agreement comes into force, file a report in accordance with subsection (2) setting out,

(a)  the name of the agency and the name and contact information of a contact person in the agency for the purposes of the report;

(b)  a statement whether the Act requires the agency to provide the service to the public in French;

(c)  if the Act requires the agency to provide the service to the public in French, a description of the service provided and a statement whether the agency has complied with section 2.  O. Reg. 284/11, s. 3 (1).

(2) A government agency shall file the report with,

(a)  the Minister responsible for Francophone Affairs, if the agency is a ministry or if the agency is not a ministry and does not have a minister responsible for it; or

(b)  the minister responsible for the agency, if the agency is not a ministry and has a minister responsible for it.  O. Reg. 284/11, s. 3 (2).

Note: On April 1, 2023, subsection 3 (2) of the Regulation is amended by striking out “Minister responsible for Francophone Affairs” wherever it appears and substituting in each case “Minister of Francophone Affairs”. (See: O. Reg. 545/22, s. 2 (2))

(3) A minister who receives a report of a government agency for which the minister is responsible shall promptly forward the report to the Minister responsible for Francophone Affairs.  O. Reg. 284/11, s. 3 (3).

Note: On April 1, 2023, subsection 3 (3) of the Regulation is amended by striking out “Minister responsible for Francophone Affairs” wherever it appears and substituting in each case “Minister of Francophone Affairs”. (See: O. Reg. 545/22, s. 2 (2))

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 284/11, s. 4.