French Language Services Act
Encyclopedia
The French Language Services Act is a law in the province of Ontario
, Canada
which is intended to protect the rights of Franco-Ontarian
s, or French
-speaking people, in the province.
The Act does not give the French language full official language
status in the province, which has no official language defined in law but is primarily an English-speaking province in practice. The Act, however, ensures that provincial government services are offered in French in 25 designated areas across the province with significant numbers of Franco-Ontarian residents.
as an official language in Canada; and whereas in Ontario the French language is recognized as an official language in the courts and in education; and whereas the Legislative Assembly
recognizes the contribution of the cultural heritage of the French speaking population and wishes to preserve it for future generations; and whereas it is desirable to guarantee the use of the French language in institutions of the Legislature and the Government of Ontario, as provided in this Act;
, which forbade the use of French as a language of school instruction in Ontario. Regulation 17 was challenged in court by the activist organization ACFÉO
, and was never fully implemented before its repeal in 1927. However, it was not until 1968 that the provincial government amended the Education Act to officially recognize the existence of French language schools in the province.
Over the next number of years, the government began to offer a wider range of services in French. In 1970, a Coordinator of Bilingualism was appointed to oversee the development of French language government services. Over the next 16 years, a large number of service policies were adopted on a piecemeal basis by individual ministries, until the French Language Services Act was introduced in 1986.
Francophones living outside of the designated areas can receive services in French by accessing government services located in the designated areas or by directly contacting the head offices of government ministries. The provision and coordination of French language services is managed by the Office of Francophone Affairs
.
The French Language Services Act does not cover public agencies such as hospitals, nursing homes or the Children's Aid Society
. However, these agencies may ask to be officially designated as providers of services in French by the Cabinet. Once designated, the agencies must provide French-language services just as the ministries do. Other partially-funded provincial and municipal agencies may develop their own policies regarding French language services. For instance, Ontario public libraries within FLSA designated areas are not bound by the Act, however the Ontario Libraries Act’s section 20 (b) states that public library boards “shall seek to provide library services in the French language, where appropriate”.
The Act also does not legislate any responsibilities upon individual municipalities to provide French language services, although a municipality may choose to do so of its own accord.
The Act was introduced in 1986 by Bernard Grandmaître
, Minister of Francophone Affairs in the Liberal government of David Peterson
, and passed successfully. It provided for a three-year implementation period, and the law officially came into effect on November 19, 1989.
was designated as the province's 24th bilingual service centre in 2004, and the designation officially came into effect in March 2007. Kingston
was designated as the 25th bilingual service centre in May 2006, and French services officially came into effect in 2009.
advocates such as the Alliance for the Preservation of English in Canada
, who alleged that it created a special entitlement for francophones at the expense of anglophone residents of the province – for example, the requirement to provide bilingual services was perceived to discriminate against government employees who did not speak French.
APEC also misrepresented or misunderstood the reality that the legislation did not cover municipal government services, and began a campaign of persuading Ontario municipalities to declare themselves English-only. A number of smaller municipalities, especially in the Western Ontario region, did so during the implementation period. On January 29, 1990, the most famous such resolution was passed in Sault Ste. Marie
, igniting a national controversy which in turn became a flashpoint in the Meech Lake Accord
debate. (See Sault Ste. Marie language resolution
.)
In 1996, New Democrat
MPP Gilles Bisson
spoke in French in the Legislative Assembly
to mark the 10th anniversary of the Act's passage. He was heckled by Progressive Conservative opponent Joe Spina
, who yelled at Bisson to "Speak English!"
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
which is intended to protect the rights of Franco-Ontarian
Franco-Ontarian
Franco-Ontarians are French Canadian or francophone residents of the Canadian province of Ontario. They are sometimes known as "Ontarois"....
s, or French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
-speaking people, in the province.
The Act does not give the French language full official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
status in the province, which has no official language defined in law but is primarily an English-speaking province in practice. The Act, however, ensures that provincial government services are offered in French in 25 designated areas across the province with significant numbers of Franco-Ontarian residents.
Preamble
Whereas the French language is a historic and honoured language in Ontario and recognized by the ConstitutionConstitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
as an official language in Canada; and whereas in Ontario the French language is recognized as an official language in the courts and in education; and whereas the Legislative Assembly
Legislative Assembly of Ontario
The Legislative Assembly of Ontario , is the legislature of the Canadian province of Ontario, and is the second largest provincial legislature of Canada...
recognizes the contribution of the cultural heritage of the French speaking population and wishes to preserve it for future generations; and whereas it is desirable to guarantee the use of the French language in institutions of the Legislature and the Government of Ontario, as provided in this Act;
History
Historically, the Franco-Ontarian community had been ignored or treated with contempt by the government of Ontario, most notably with the adoption in 1912 of Regulation 17Regulation 17
Regulation 17 was a regulation of the Ontario Ministry of Education, issued in July 1912 by the Conservative government of premier Sir James P. Whitney. It restricted the use of French as a language of instruction to the first two years of schooling. It was amended in 1913, and it is that version...
, which forbade the use of French as a language of school instruction in Ontario. Regulation 17 was challenged in court by the activist organization ACFÉO
AFO (Canada)
AFO, or L'Assemblée de la francophonie de l'Ontario is a Canadian organization which coordinates the political and cultural activities of the Franco-Ontarian community....
, and was never fully implemented before its repeal in 1927. However, it was not until 1968 that the provincial government amended the Education Act to officially recognize the existence of French language schools in the province.
Over the next number of years, the government began to offer a wider range of services in French. In 1970, a Coordinator of Bilingualism was appointed to oversee the development of French language government services. Over the next 16 years, a large number of service policies were adopted on a piecemeal basis by individual ministries, until the French Language Services Act was introduced in 1986.
The Act
The primary purpose of the Act was to consolidate and formalize government policies and regulations around the provision of French language services. The Act guaranteed francophones in 23 designated areas of the province a right to local French services from the provincial government. Two more cities were designated as French language service areas after the Act came into effect.Francophones living outside of the designated areas can receive services in French by accessing government services located in the designated areas or by directly contacting the head offices of government ministries. The provision and coordination of French language services is managed by the Office of Francophone Affairs
Office of Francophone Affairs
The Office of Francophone Affairs in the Canadian province of Ontario is responsible for the provision of government services to Franco-Ontarian citizens and communities....
.
The French Language Services Act does not cover public agencies such as hospitals, nursing homes or the Children's Aid Society
Children's Aid Society
__notoc__The Children’s Aid Society is a private charitable organization based in New York City. It serves 150,000 children per year, providing foster care, medical and mental health services, and a wide range of educational, recreational and advocacy services through dozens of community centers,...
. However, these agencies may ask to be officially designated as providers of services in French by the Cabinet. Once designated, the agencies must provide French-language services just as the ministries do. Other partially-funded provincial and municipal agencies may develop their own policies regarding French language services. For instance, Ontario public libraries within FLSA designated areas are not bound by the Act, however the Ontario Libraries Act’s section 20 (b) states that public library boards “shall seek to provide library services in the French language, where appropriate”.
The Act also does not legislate any responsibilities upon individual municipalities to provide French language services, although a municipality may choose to do so of its own accord.
The Act was introduced in 1986 by Bernard Grandmaître
Bernard Grandmaître
Bernard "Ben" C. Grandmaitre is a retired politician in Ontario, Canada. He was a Liberal member of the Legislative Assembly of Ontario from 1984 to 1999, and served as a cabinet minister in the government of David Peterson.Grandmaitre was educated as Ottawa schools, and owned a small business in...
, Minister of Francophone Affairs in the Liberal government of David Peterson
David Peterson
David Robert Peterson, PC, O.Ont was the 20th Premier of the Province of Ontario, Canada, from June 26, 1985 to October 1, 1990. He was the first Liberal premier of Ontario in 42 years....
, and passed successfully. It provided for a three-year implementation period, and the law officially came into effect on November 19, 1989.
Ensuring Compliance
As of 2007, the Office of the French Language Services Commissioner is the agency whose primary mandate is to ensure compliance with the French Language Services Act in the delivery of government services by means of independent investigations. The Commissioner receives and handles complaints from the public with respect to inadequate French-language services from the Ontario government. Recommendations are outlined in a publicly-available annual report to the Minister Responsible for Francophone Affairs.Designated areas
In order for an area to obtain designation Francophones must make up at least 10% of its population, and urban centres must have at least 5000 Francophones. Previous to 2009, the definition of a Francophone in Ontario included only native French speakers. This definition was broadened by the Government of Ontario in June of 2009 "to better reflect the changing face and diversity of Ontario's Francophone communities”. The new Inclusive Definition of Francophones (IDF) now includes allophones (“those whose mother tongue is neither French nor English but have particular knowledge of French as an official language and use French at home, including many recent immigrants to Ontario for whom French is the language of integration").Districts and counties
- Algoma DistrictAlgoma District, OntarioAlgoma District is a district and census division in Northeastern Ontario in the Canadian province of Ontario. It was created in 1858 comprising territory as far west as Minnesota...
- Cochrane DistrictCochrane District, OntarioCochrane District, Ontario is a district and census division in Northeastern Ontario in the Canadian province of Ontario. It was created in 1921 from parts of Timiskaming and Thunder Bay districts....
- Nipissing DistrictNipissing District, OntarioNipissing District, Ontario is a district in Northeastern Ontario in the Canadian province of Ontario. It was created in 1858. The district seat is North Bay.In 2006, the population was 84,688...
- Prescott and Russell United CountiesPrescott and Russell United Counties, OntarioThe United Counties of Prescott and Russell are consolidated counties located in the Canadian province of Ontario. As of 2006, the population is 80,184. Its county seat is L'Orignal, Ontario. It was created as a result of a merger between Russell County and Prescott County in 1820...
- Sudbury DistrictSudbury District, OntarioThe Sudbury District is a district in Northeastern Ontario in the Canadian province of Ontario. It was created in 1894 from townships of eastern Algoma District and west Nipissing District....
- Timiskaming DistrictTimiskaming District, OntarioTimiskaming is a district and census division in Northeastern Ontario in the Canadian province of Ontario. The district was created in 1912 from parts of Algoma, Nipissing, and Sudbury districts. In 1921, Cochrane District was created from parts of this district and parts of Thunder Bay...
Municipalities
- BramptonBramptonBrampton is the third-largest city in the Greater Toronto Area of Ontario, Canada.Brampton may also refer to:- Canada :* Brampton, a city in Ontario** Brampton GO Station, a station in the GO Transit network located in the city- United Kingdom :...
- CallanderCallander, OntarioThe Municipality of Callander is a township in central Ontario, Canada, located at the southeast end of Lake Nipissing in the District of Parry Sound...
- CornwallCornwall, OntarioCornwall is a city in Eastern Ontario, Canada and the seat of the United Counties of Stormont, Dundas and Glengarry, Ontario. Cornwall is Ontario's easternmost city, located on the St...
- EssaEssa, OntarioEssa is a township in Ontario, Canada, west and south of the city of Barrie in the County of Simcoe. It is bounded by County Road 90 to its north, County Road 27 to its east, and Ontario Highway 89 to its south...
- Greater Sudbury
- GreenstoneGreenstone, OntarioGreenstone is an amalgamated town in the Canadian province of Ontario. The area of the town is , stretching along Highway 11 from Lake Nipigon to Longlac; it is one of the largest incorporated towns in Canada....
- HamiltonHamilton, OntarioHamilton is a port city in the Canadian province of Ontario. Conceived by George Hamilton when he purchased the Durand farm shortly after the War of 1812, Hamilton has become the centre of a densely populated and industrialized region at the west end of Lake Ontario known as the Golden Horseshoe...
- IgnaceIgnace, OntarioIgnace is a township in the Kenora District of Northwestern Ontario, Canada, located at Highway 17 and Secondary Highway 599, and on the Canadian Pacific Railway between Thunder Bay and Kenora. It is on the shore of Agimak Lake, and, as of 2006, the population of Ignace was 1,431.The town was...
- KingstonKingston, OntarioKingston, Ontario is a Canadian city located in Eastern Ontario where the St. Lawrence River flows out of Lake Ontario. Originally a First Nations settlement called "Katarowki," , growing European exploration in the 17th Century made it an important trading post...
- LakeshoreLakeshore, OntarioLakeshore is a town in southwestern Ontario, Canada, on Lake St. Clair. Its nearest city is Windsor, located in Essex County. The town was incorporated in 1999 by amalgamating the Town of Belle River with the townships of Maidstone, Rochester, Tilbury North, and Tilbury West.Lakeshore has a...
- Laurentian ValleyLaurentian Valley, OntarioLaurentian Valley is an incorporated township in Renfrew County in eastern Ontario, Canada. It borders on the Ottawa River, the city of Pembroke and the town of Petawawa....
- LondonLondon, OntarioLondon is a city in Southwestern Ontario, Canada, situated along the Quebec City – Windsor Corridor. The city has a population of 352,395, and the metropolitan area has a population of 457,720, according to the 2006 Canadian census; the metro population in 2009 was estimated at 489,274. The city...
- ManitouwadgeManitouwadge, OntarioManitouwadge is a township in the Canadian province of Ontario. It is located in the Thunder Bay District, at the north end of Highway 614, east of Thunder Bay and west of Sault Ste. Marie.-History:...
- MarathonMarathon, OntarioMarathon is a town in the Canadian province of Ontario, located in Thunder Bay District, on the north shore of Lake Superior north of Pukaskwa National Park, in the heart of the Canadian Shield.- History :...
- Mississauga
- North GlengarryNorth Glengarry, OntarioNorth Glengarry is a township in eastern Ontario, Canada, in the United Counties of Stormont, Dundas and Glengarry. It is a predominantly rural area located between Ottawa-Gatineau, Montreal and Cornwall-Massena....
- North StormontNorth Stormont, OntarioNorth Stormont is a lower tier township in eastern Ontario, Canada in the United Counties of Stormont, Dundas and Glengarry. The township was incorporated on January 1, 1998 by amalgamating the former townships of Finch and Roxborough with the independent village of Finch.-Communities:The township...
- OttawaOttawaOttawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
- PembrokePembroke, OntarioPembroke is a city in the province of Ontario, Canada, at the confluence of the Muskrat River and the Ottawa River in the Ottawa Valley...
- Penetanguishene
- Port ColbornePort Colborne, OntarioPort Colborne is a city on Lake Erie, at the southern end of the Welland Canal, in the Niagara Region of southern Ontario, Canada...
- South GlengarrySouth Glengarry, OntarioSouth Glengarry is a township in eastern Ontario, Canada on the St. Lawrence River in the United Counties of Stormont, Dundas and Glengarry.The township was created on 1 January 1998, by amalgamating the townships of Charlottenburgh and Lancaster with the independent village of...
- South StormontSouth Stormont, OntarioSouth Stormont is a township in eastern Ontario, Canada, in the United Counties of Stormont, Dundas and Glengarry. The township was incorporated on January 1, 1998, by amalgamating the former geographic townships of Cornwall and Osnabruck....
- TecumsehTecumseh, OntarioTecumseh is a town on Lake St. Clair east of Windsor, Ontario, Canada. It has a population of just over 24,000.Tecumseh enjoys long summers and mild winters...
- Terrace Bay
- TilburyTilbury, OntarioTilbury is a community in the municipality of Chatham-Kent, Ontario, Canada. It is located between Chatham and Windsor on Highway 401.-History:...
- TinyTiny, OntarioTiny is a township, part of Simcoe County in south-central Ontario, Canada. The Township of Tiny can be found in the Southern Georgian Bay region and is approximately long or...
- TorontoTorontoToronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
- WellandWelland, OntarioWelland is a city in the Regional Municipality of Niagara in Southern Ontario, Canada.The city has been traditionally known as the place where rails and water meet, referring to the railways from Buffalo to Toronto and Southwestern Ontario, and the waterways of Welland Canal and Welland River,...
- Whitewater RegionWhitewater Region, OntarioWhitewater Region is a township located within the scenic Ottawa Valley, in eastern Ontario, Canada on the Ottawa River in Renfrew County. Whitewater Region is made up of the former municipalities of Beachburg, Cobden, Ross and Westmeath, which were amalgamated into the current township on January...
- Winchester
- WindsorWindsor, OntarioWindsor is the southernmost city in Canada and is located in Southwestern Ontario at the western end of the heavily populated Quebec City – Windsor Corridor. It is within Essex County, Ontario, although administratively separated from the county government. Separated by the Detroit River, Windsor...
Expansion of services
BramptonBrampton
Brampton is the third-largest city in the Greater Toronto Area of Ontario, Canada.Brampton may also refer to:- Canada :* Brampton, a city in Ontario** Brampton GO Station, a station in the GO Transit network located in the city- United Kingdom :...
was designated as the province's 24th bilingual service centre in 2004, and the designation officially came into effect in March 2007. Kingston
Kingston, Ontario
Kingston, Ontario is a Canadian city located in Eastern Ontario where the St. Lawrence River flows out of Lake Ontario. Originally a First Nations settlement called "Katarowki," , growing European exploration in the 17th Century made it an important trading post...
was designated as the 25th bilingual service centre in May 2006, and French services officially came into effect in 2009.
Controversy
The Act was controversial with anti-bilingualismBilingualism in Canada
The official languages of Canada are English and French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada" according to Canada's constitution...
advocates such as the Alliance for the Preservation of English in Canada
Alliance for the Preservation of English in Canada
The Alliance for the Preservation of English in Canada was a group in Canada, which campaigned against the Canadian government's policy of official bilingualism....
, who alleged that it created a special entitlement for francophones at the expense of anglophone residents of the province – for example, the requirement to provide bilingual services was perceived to discriminate against government employees who did not speak French.
APEC also misrepresented or misunderstood the reality that the legislation did not cover municipal government services, and began a campaign of persuading Ontario municipalities to declare themselves English-only. A number of smaller municipalities, especially in the Western Ontario region, did so during the implementation period. On January 29, 1990, the most famous such resolution was passed in Sault Ste. Marie
Sault Ste. Marie, Ontario
Sault Ste. Marie is a city on the St. Marys River in Algoma District, Ontario, Canada. It is the third largest city in Northern Ontario, after Sudbury and Thunder Bay, with a population of 74,948. The community was founded as a French religious mission: Sault either means "jump" or "rapids" in...
, igniting a national controversy which in turn became a flashpoint in the Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
debate. (See Sault Ste. Marie language resolution
Sault Ste. Marie language resolution
The Sault Ste. Marie language resolution was a government motion passed on January 29, 1990 by Sault Ste. Marie City Council, the governing body of the city of Sault Ste. Marie, Ontario, Canada, which resolved that English was the sole working language of city government...
.)
In 1996, New Democrat
Ontario New Democratic Party
The Ontario New Democratic Party or , formally known as New Democratic Party of Ontario, is a social democratic political party in Ontario, Canada. It is a provincial section of the federal New Democratic Party. It was formed in October 1961, a few months after the federal party. The ONDP had its...
MPP Gilles Bisson
Gilles Bisson
Gilles Bisson is a Franco-Ontarian Canadian politician who has represented the northern riding of Timmins—James Bay in the Legislative Assembly of Ontario since 1990...
spoke in French in the Legislative Assembly
Legislative Assembly of Ontario
The Legislative Assembly of Ontario , is the legislature of the Canadian province of Ontario, and is the second largest provincial legislature of Canada...
to mark the 10th anniversary of the Act's passage. He was heckled by Progressive Conservative opponent Joe Spina
Joe Spina
Joe Spina is a politician in Ontario, Canada. He was a member of the Legislative Assembly of Ontario from 1995 to 2003, representing a Brampton-area riding for the Progressive Conservative Party....
, who yelled at Bisson to "Speak English!"