2.1 Translation of regulations by the government
Translation of provincial regulations
| Year | 2009-2010 |
|---|---|
| Issue | Ontario regulations are translated into French at the discretion of the Attorney General |
| Impacts following FLSC’s intervention |
|
| Current status |
|
Since the French Language Services Act was passed 30 years ago, only a little more than half of the regulations16 have been translated into French. However, the Attorney General is under no obligation to have all the regulations translated. It’s in the sectors of health and security that the absence of translation of regulations has a greater impact.
The Commissioner has always criticized this practice, which is contrary to the spirit and the letter of the French Language Services Act; for that reason, he recommended in 2009 that the Attorney General adopt criteria to guide ministries in translating regulations.
He also recommended that the Ministry prepare a list of regulations to be given priority for translation, based on the needs of the Francophone community and the type of regulation.
Effectiveness of the intervention
Following the Commissioner’s recommendation and his meeting with the government’s Legislative Counsel Office,17 the Ministry of the Attorney General confirmed its commitment to meet the Commissioner’s expectations. The Ministry said it planned to adopt an execution policy and a strategy for the gradual translation of existing regulations. It also established a steering committee to evaluate the translation of regulations. The committee was also to recommend the adoption of a policy to guide the translation process.
The Commissioner was delighted with these breakthroughs, as the Act clearly gives the Attorney General a leadership role in the translation of regulations into French. It is the Attorney General’s responsibility to have whatever regulations he sees fit translated into French.18
In his last annual report, the Commissioner noted the importance of revising the French Language Services Act with regard to the translation of regulations. One of the aims of his recommendation to revamp the Act is to give the Lieutenant Governor in Council the power to make a regulation on the criteria to be met for the translation of regulations.
16. There are 1922 provincial regulations, of which 1001 are bilingual.
17. The Office is mainly responsible for drafting and translating Ontario’s laws and regulations.
18. S. 4(3), supra note 1.