The offer of government services in French without having to request them is taking shape in Ontario. According to a draft regulation proposed by the Ford government, but subject to modifications, certain government organizations could be under a legal obligation to offer services in French on the telephone, online and in person.
The concept of “active offer” consists of clearly indicating to citizens that they can automatically receive services in French and offering to serve them in French from the first interaction with government institutions. This draft regulation indicates that government organizations could be forced to establish “intake processes” to ensure service in French. The language preference of citizens should also be recorded, and online chat, among other things, could have to be offered in French or in a bilingual format.
The Ford government released the draft regulations on September 20; of those who hoped for it, some are however waiting to see the final regulations to fully understand them. Ontarians can submit comments to the government in response to the draft until November 4. In 2021, the province responded to a longstanding request from the Franco-Ontarian community by codifying active offer, then an implicit directive, when it modernized the French Language Services Act.
By drafting such a regulation, the province takes a “head start” on the federal government, which has none, Conversely, not established, explains the professor of law of the University of Ottawa François Larocque, specialist in linguistic law. This means that the federal “active offer” may have less legal weight. In Ontario, the legal obligation is now “less ambiguous and more binding,” emphasizes Professor Larocque. The professor salutes the “innovation” of the province.
In 2021, Ontario officials indicated that the implementation of the new French Language Services Act would take place over a three-year period. The creation of a regulation for active offer is one of the first steps in this implementation.
The application of this active offer will also be required in several places, such as the offices of government agencies located in regions where Francophones represent at least 10% of the population. Jacinthe Desaulniers, President and CEO of the French Language Health Services Network of Eastern Ontario, wonders what will happen to this implementation in the health sector. “In health, you have to specify who it applies to,” she says.
Despite its advantages, Professor Larocque suggests that the regulation could still benefit from the provision of a mechanism of monetary penalties to stimulate compliance with the regulation. The trained lawyer is considering suggesting improvements to the province through the public feedback form.
This story is supported by the Local Journalism Initiative, funded by the Government of Canada.