Commissioner calls on the government to include active offer in the French Language Services Act

Report in PDF format

TORONTO, May 26, 2016 – Today, the French Language Services Commissioner of Ontario, François Boileau, submitted to the Speaker of the Legislative Assembly, the Honourable Dave Levac, a special report entitled Active Offer of Services in French: The Cornerstone for Achieving the Objectives of Ontario’s French Language Services Act. In the report, the Commissioner states that more regulation of the obligation to “actively” offer services in French is needed, and recommends that the government propose an amendment to the French Language Services Act to include active offer in the delivery of services by government ministries and agencies.

This report highlights the need for the Government of Ontario to put concrete measures in place and acquire the tools that are needed for government ministries, agencies and entities and third parties that provide services on behalf of the government to implement the active offer of services in French. Indeed, the Commissioner identifies the absence of active offer as a significant shortcoming in the province’s language regime, a shortcoming that stands in the way of the full achievement of the Act’s objectives. Moreover, Francophone Ontarians in vulnerable positions are hardest hit by this shortcoming, as the personal stories related in this report illustrate.

“Active offer of services in French is a prerequisite for honouring Ontarians’ right to receive their services in French. French-speaking Ontarians (both Francophones and Francophiles), like their English-speaking fellow Ontarians, must be able to communicate in their language without feeling uncomfortable or ill at ease, and without experiencing negative reactions or unpleasant consequences for the quality of the services received,” said Commissioner Boileau.

Although the Act does not expressly refer to the right of Francophones to actively obtain services in their language, some organizations have made active offer the norm in delivering services, a fact the Commissioner is quick to recognize. Absent an express reference to this obligation in the Act, however, progress on active offer may be difficult and slow.

This is the backdrop against which the Commissioner recommends that the Minister Responsible for Francophone Affairs take the necessary steps to ensure that (1) the Act is amended to include a provision relating to active offer. This amendment should come into force no later than May 2018. In addition, the changes to the Act should (2) be based on an action plan setting forth clear directives and best practices to guide executives and managers responsible for implementing the active offer of services in French. (3) The Commissioner also recommends the development of a provincial strategy to promote the implementation of the active offer of services in French by government agencies and institutions subject to the Act. The strategy should be developed in cooperation with community partners that can offer useful expertise and invaluable help in achieving the objectives.

QUICK FACTS

• Active offer implies that service providers are proactive. It also entails guaranteeing that services will be equivalent in quality to the services provided in English.
• For this report, 18 users of Ontario provincial public services were interviewed in order to understand the impact that not receiving active offer of services in French has on the Franco-Ontarian population.
• In 2016, Ontario is celebrating the 30^th anniversary of the French Language Services Act.

The Office of the French Language Services Commissioner reports directly to the Legislative Assembly of Ontario. Its principal mandate is to ensure compliance with the French Language Services Act in the delivery of government services.

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LEARN MORE

You can access the special report at flscontario.ca in the PUBLICATIONS section.