A measure promised by the Minister responsible for Francophone Affairs Caroline Mulroney upon her election in the summer of 2018, the Progressive Conservative government of Ontario presented on November 4, as part of an omnibus bill, its overhaul of the French Language Services Act. The law protecting the language rights of Franco-Ontarians came into force in 1989 and has not been updated much since.
Criticized for the three-year delay before the promised deposit, Caroline Mulroney replied that it was her government, in the end, “which brought [les] changes ”to the 35-year-old law. “It’s a big project: we had to do internal consultations with the departments, then consult the Francophone community,” she explains in an interview.
The legislative entrenchment of active offer — the notion that government services should be offered proactively in French, without a Franco-Ontarian having to ask for them — is one of the most important changes in the new version. The notion will now be guaranteed by law, whereas it is not mandatory at this time.
This is a long-standing request from the Franco-Ontarian community and former French language services commissioner François Boileau, whose job was cut in 2018 during “Black Thursday”. “We note that Minister Mulroney is making significant structural changes helping to solidify the place of French and expand the Francophone space in Ontario,” said Carol Jolin, president of the Assembly of the Francophonie in Ontario, in a press release. .
Franco-Ontarians will not see the effects of entrenchment immediately after the bill is passed, however; active offer could become the norm within three years. Among other things, the province must recruit the labor force necessary to provide the service.
Liberal MP Amanda Simard, who proposed her own modernization of the law on October 18, “expected a little more modernization.” Adding active offer, she said, was not a contentious issue. Contrary to its wishes, the province will not recreate the French language services commissioner. “We have undone a structure [en 2018], I could not see the government going back on this, ”remarks Linda Cardinal, professor at the University of French Ontario specializing in language rights.
Regions still in place
The new version of the Progressive Conservatives does not include the abolition of designated regions either, a system that provides that government services are only offered in French in areas where the population is at least 10% French-speaking, or otherwise, in cities with a population of at least 5,000 French-speaking residents. 26 zones are currently designated by the province.
“Unfortunately, there are not the qualified professionals available for the entire province to be nominated. It will take a few years, ”thinks Matthew Conway, former director of Francophone affairs for Minister Mulroney. The possibility of eliminating the system for good, a formula considered obsolete by some, and thus having a bilingual province, will be reviewed in 2031, says the province. The recast mandates reviews of the law every 10 years.
However, the government is giving itself the power to open government service points offering services in French in non-designated areas. It remains to be seen who will benefit. “It will probably be the community that will note the need,” notes Caroline Mulroney.
If the bill is adopted, each minister will also have to submit a report to the Executive Council on the implementation of the French Language Services Act within his department, as well as on the quality of the department’s French-language services. The new government regulations, like those already in existence which are not yet bilingual, will have to be translated into French.
Eight months of elections
With the 69-seat majority of the Progressive Conservatives in Queen’s Park, the passage of the bill is almost a formality, especially since the amendments are part of the economic statement. The inclusion of modernization in the economic statement was proposed by the Ministry of Francophone Affairs to the Prime Minister’s office in 2019, explains Matthew Conway. One way, he says, to ensure that modernization is adopted.
“We are going to put pressure on to have our amendments added,” said MP Amanda Simard, who maintains that the Progressive Conservatives “are very closed”.
The modernization project comes less than a year before the election, the end of a mandate that started off badly for the Progressive Conservatives in the eyes of Franco-Ontarians. “I think Franco-Ontarians will see that we are taking concrete action,” said Caroline Mulroney, whose name was on all the forums in 2018.