French Language Services Amendment Act (French Language Services Commissioner), 2013, S.O. 2013, c. 16 - Bill 106
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chapter 16
An Act to amend the French Language Services Act with respect to the French Language Services Commissioner
Assented to December 12, 2013
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) The French Language Services Act is amended by adding the following heading immediately before section 1:
Definitions
(2) Section 1 of the Act is amended by adding the following definition:
“Board of Internal Economy” means the Board of Internal Economy established by section 87 of the Legislative Assembly Act; (“Commission de régie interne”)
(3) The French version of clause (c) of the definition of “government agency” in section 1 of the Act is amended by adding “en tout ou en partie” after “prélevées”.
(4) Section 1 of the Act is amended by adding the following definition:
“Minister” means the Minister responsible for Francophone Affairs; (“ministre”)
2. The Act is amended by adding the following heading immediately before section 2:
Rights and Obligations
3. Subsection 10 (2) of the Act is amended by striking out “responsible for Francophone Affairs” at the end.
4. (1) The Act is amended by adding the following heading immediately before section 11:
Minister and Employees
(2) The following provisions of the Act are amended by striking out “responsible for Francophone Affairs” wherever that expression appears:
1. Subsection 11 (1).
2. Subsection 11 (4), in the portion before clause (a).
5. (1) The English version of subsection 12 (1) of the Act is amended by striking out “responsible for Francophone Affairs”.
(2) Subsection 12 (2) of the Act is amended by striking out “responsible for Francophone Affairs” in the portion after clause (e).
6. Section 12.1 of the Act is repealed and the following substituted:
French Language Services Commissioner
French Language Services Commissioner
12.1 (1) There shall be an officer of the Assembly who is known in English as the French Language Services Commissioner and in French as commissaire aux services en français.
Definition
(2) In this section,
“recognized party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act.
Appointment
(3) The Lieutenant Governor in Council shall appoint the Commissioner on the address of the Assembly, but only if the person to be appointed has been selected by a panel that is composed of one member of the Assembly from each recognized party and that is chaired by the Speaker of the Assembly who is a non-voting member.
Transition
(4) The Commissioner in office immediately before the French Language Services Amendment Act (French Language Services Commissioner), 2013 comes into force shall continue to hold office until confirmed in office under subsection (3) or until a successor is appointed.
Term of office
(5) The Commissioner shall hold office for a term of five years and may be reappointed for one further term of five years.
Same
(6) The Commissioner continues to hold office after the expiry of the term until reappointed or until a successor is appointed.
Removal
(7) The Lieutenant Governor in Council may remove the Commissioner for cause on the address of the Assembly.
Delegation
(8) The Commissioner may delegate in writing, to any person employed in the Office of the French Language Services Commissioner, the authority to perform any of the Commissioner’s functions or to carry out any of the Commissioner’s powers, subject to the terms provided for in the delegation.
Temporary Commissioner
(9) If, while the Assembly is not sitting, the Commissioner is unable for any reason to fulfil the duties of office or the office becomes vacant, the Lieutenant Governor in Council shall appoint a temporary Commissioner, whose appointment comes to an end when the Commissioner is again able to fulfil the duties of the office or when a new Commissioner is appointed under subsection (3), as the case may be.
Selection by panel
(10) The Lieutenant Governor in Council may appoint a temporary Commissioner under subsection (9) only if the person to be appointed has been selected by a panel that is composed of one member of the Assembly from each recognized party and that is chaired by the Speaker of the Assembly who is a non-voting member.
Powers and duties
(11) A temporary Commissioner shall have the power and duties of the Commissioner.
Nature of employment
12.1.1 (1) The Commissioner shall work exclusively as Commissioner and shall not hold any other office under the Crown or engage in any other employment.
Not a public servant
(2) The Commissioner is not a public servant within the meaning of the Public Service of Ontario Act, 2006.
Salary and benefits
12.1.2 (1) The Commissioner and a temporary Commissioner appointed under subsection 12.1 (9) shall be paid a salary that the Board of Internal Economy determines and that is comparable to the salary paid to other officers of the Assembly.
Same
(2) The salary of the Commissioner shall not be reduced except on the address of the Assembly.
Expenses
(3) The Commissioner is entitled to be paid reasonable travelling and living expenses while absent from his or her ordinary place of residence in the exercise of any functions under this Act.
Pension
(4) The Commissioner is a member of the Public Service Pension Plan.
Office of the Commissioner
12.1.3 (1) The office known in English as the Office of the French Language Services Commissioner and in French as Commissariat aux services en français is continued.
Budget
(2) The money required for the administration of the Office of the French Language Services Commissioner shall be paid out of the money appropriated for that purpose by the Legislature.
Directives
(3) The Board of Internal Economy may from time to time issue directives to the Commissioner with respect to the expenditure of funds and the Commissioner shall comply with those directives.
Estimates
(4) The Commissioner shall present annually to the Board of Internal Economy estimates of the sums of money that will be required for the purposes of carrying out the Commissioner’s functions under this Act.
Review by Board
(5) The Board of Internal Economy shall review and may alter the estimates as it considers proper.
Audit
(6) The accounts and financial transactions of the Office of the French Language Services Commissioner shall be audited annually by the Auditor General.
Employees
12.1.4 (1) Subject to the approval of the Board of Internal Economy, the Commissioner may employ the employees whom the Commissioner considers necessary for the efficient and proper operation of the Office of the French Language Services Commissioner and may determine their salary or wages and terms and conditions of employment.
Transition
(2) The employees of the Office of the French Language Services Commissioner in office immediately before the day the French Language Services Amendment Act (French Language Services Commissioner), 2013 comes into force shall continue as employees of that Office.
Salaries or wages
(3) Salaries or wages determined under subsection (1) shall be comparable to the salaries or wages determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are in similar positions.
Benefits
(4) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the employees of the Office of the French Language Services Commissioner:
1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of those credits.
2. Plans for group life insurance, medical-surgical insurance or long-term income protection.
3. The granting of leaves of absence.
Same
(5) For the purposes of subsection (4), if a benefit applicable to an employee of the Office of the French Language Services Commissioner is contingent on the exercise of a discretionary power or the performance of a discretionary function, the Commissioner or any person authorized in writing by the Commissioner may exercise the power or perform the function.
Premises and supplies
12.1.5 The Commissioner may lease the premises and acquire the equipment and supplies as are necessary for the efficient and proper operation of the Office of the French Language Services Commissioner.
Immunity
12.1.6 (1) No proceeding shall be commenced against the Commissioner or any employee of the Office of the French Language Services Commissioner for any act done or omitted in good faith in the execution or intended execution of his or her duties under this Act.
Testimony
(2) Neither the Commissioner nor an employee of the Office of the French Language Services Commissioner is a compellable witness in a civil proceeding outside the Assembly in connection with anything done under this Act or any other Act.
7. (1) Section 12.4 of the Act is amended by adding the following subsection:
Confidentiality
(3.1) Information disclosed to the Commissioner under this Act is confidential and shall not be disclosed to any person, except,
(a) by the person to whom the information relates or with the consent of that person;
(b) in a criminal proceeding, as required by law; or
(c) otherwise in accordance with this Act.
(2) The following provisions of the Act are amended by striking out “the Minister” wherever that expression appears and substituting in each case “the Speaker of the Assembly”:
1. Clause 12.4 (4) (a).
2. Clause 12.4 (4) (b).
8. Sections 12.5 and 12.6 of the Act are repealed and the following substituted:
Annual report
12.5 (1) On or before July 31 in each year, the Commissioner shall prepare and submit to the Speaker of the Assembly an annual report on his or her activities, which may include recommendations for improving the provision of French language services.
Copy of report
(2) Upon submitting an annual report, the Commissioner shall provide a copy of it to the Minister.
Tabling of report
(3) Upon receiving an annual report, the Speaker of the Assembly shall lay it before the Assembly at the earliest reasonable opportunity.
Other reports
12.6 (1) The Commissioner may at any time prepare and submit, to the Speaker of the Assembly, any other report that the Commissioner considers appropriate on any matter related to this Act.
Copy of report before submission
(2) Before submitting a report under subsection (1), the Commissioner shall deliver a copy of it to any member of the Executive Council who presides over and has charge of any ministry or to the head of any public entity to which the report is relevant.
Interpretation, head of a public entity
(3) A reference in subsection (2) to the head of a public entity is a reference to its chief executive officer or to a person who holds a similar position with respect to the public entity.
Copy of report
(4) Upon submitting a report under subsection (1), the Commissioner shall provide a copy of it to the Minister and may provide a copy of it to any person whom the Commissioner considers appropriate.
Tabling of report
(5) Upon receiving a report under subsection (1), the Speaker of the Assembly shall lay it before the Assembly at the earliest reasonable opportunity.
Publication of report
12.7 The Commissioner may publish, in any manner he or she considers appropriate, a report of the Commissioner mentioned in this Act, 30 days after having submitted the report, unless the Speaker consents to the report’s earlier publication.
9. The Act is amended by adding the following heading immediately before section 13:
French Language Services Co-ordinators
10. The Act is amended by adding the following heading immediately before section 14:
Municipalities
Commencement
11. This Act comes into force on the later of January 1, 2014 and the day it receives Royal Assent.
Short title
12. The short title of this Act is the French Language Services Amendment Act (French Language Services Commissioner), 2013.