1.11.5. General provisions — Regulatory power

In the Commissioner’s view, you don’t amend a statute to deal with maintenance issues. Such matters can be dealt with by regulation. But you have to have the power to make regulations. The French Language Services Act provides for the making of very few regulations. In fact, regulations may be made namely in the five following cases:37

  • designating agencies;
  • designating areas;
  • exempting services, where necessary;
  • governing the publication of documents in French; and
  • governing the provision of services in French under a contract with a third party.

The Lieutenant Governor in Council has enacted a series of regulations governing designated agencies, designated areas, possible service exemptions and, since 2014, services provided by third parties and the associated obligations of ministries.

It would be desirable to allow for the enactment of other regulations, as is done in Prince Edward Island. It should be noted that it was only recently that that province revised its act. Though based on Ontario’s act, Prince Edward Island’s version is a significant improvement. For that reason, it is important to take an in-depth look at revised Act, especially its general provisions concerning the regulatory power of the Lieutenant Governor in Council.

37 Sections 8 (a), (b) and (c), and 11(4) (a) and (b).

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