Patients First Act, 2016
Although the Patients First Act, 2016,7 passed on December 7, 2016, included two sections on compliance with the Act (10), its enactment did not resolve issues that currently hamper the planning, integration and overall delivery of French-language health services.
However, in presenting his brief8 to the committee of the Legislative Assembly responsible for studying Bill 41, the Commissioner made a number of recommendations focusing on the status of service providers identified under the FLSA, the role of the planning entities, and the LHINs’ accountability for the delivery of French-language services. Only the recommendation concerning the Ministry’s obligation to ensure that the health system’s priorities and strategic directions meet the FLSA’s requirements was accepted.9 The other, more important recommendations regarding the planning entities and identified service providers were not addressed through amendments to Bill 41.
Since the bill was passed, the Commissioner’s Office team has been working on the adoption of a directive that would require LHINs entering into agreements with identified service providers to comply with the FLSA and Regulation 284/11. However, the legal interpretation of the Ministry’s and the LHINs’ obligations prevents the adoption of a permanent solution to the public’s major problems with the health system’s accountability for delivering French-language health services continuously and predictably.
At this point, talks are continuing. At the time this report was published, the Commissioner’s Office noted, though it is still playing catch-up, there is willingness on the ministry’s part to find ways to address the Commissioner’s concerns.
7. Ibid.
8. For more details, see https://csfontario.ca/wp-content/uploads/2016/11/Bill-41-Office-of-the-French-Language-Commissioner-Brief.pdf (page consulted in March 2017).
9. 14. (5) In developing priorities and strategic directions for the health system and the local health systems in the provincial strategic plan, the Minister shall ensure that said priorities and strategic directions foster the provision of health services in a way that meets the requirements of the French Language Services Act.