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French-language Services Regulations

made under Section 10 of the

French-language Services Act

S.N.S. 2004, c. 26

O.I.C. 2006-563 (Dec. 18, 2006, effective Dec. 31, 2006), N.S. Reg. 233/2006


Citation

1     These regulations may be cited as the French-language Services Regulations.


Definitions

2     In these regulations,

 

                (a)    “designated public institution” means a department, office, agency of Government, Crown corporation, or public institution listed in Schedule A;

 

                (b)    “French-language services plan” means a plan developed and published under Section 4 by a designated public institution.


Objective of these regulations

3     (1)    The objective of these regulations is to ensure that there are substantive and measurable improvements to the French-language services offered by the Government of Nova Scotia.

 

       (2)    Before July 31, 2010, the Minister must conduct a review of the French-language services offered by the Government of Nova Scotia for the purpose of evaluating the effectiveness of these regulations in achieving the objective set out in subsection (1).


Annual French-language services plans

4     (1)    Before March 31, 2007, and annually before March 31 of each subsequent year, each designated public institution must develop and publish a French-language services plan.

 

       (2)    A French-language services plan must be published in French and English.


Content of French-language services plans

5     (1)    A French-language services plan must describe all of the following:

 

                (a)    how the designated public institution’s staff have been instructed to respond to verbal and written requests from the public to communicate in French;

 

                (b)    the French-language services offered by the designated public institution;

 

                (c)    the steps the designated public institution will take to preserve or improve its French-language services in the next fiscal year;

 

                (d)    if the designated public institution intends to improve its French-language services in the next fiscal year, the specific goals and objectives that have been established for improving French-language services and the specific measures that it will take to achieve these goals and objectives;

 

                (e)    how the plan will contribute to the preservation or growth of the Acadian and francophone community.


Addressing priorities of Acadian and francophone community

6     After January 1, 2008, in addition to meeting the requirements of Section 5, a French-language services plan must describe how the designated public institution will address the priorities of the Acadian and francophone community that have been expressed during consultations required by Section 15 or in communications between the Acadian and francophone community and the designated public institution.


Reporting progress

7     After January 1, 2008, in addition to meeting the requirements of Section 5 and 6, a French-language services plan must describe the public institution’s progress in reaching any specific goals and objectives set for the previous fiscal year in accordance with clause 5(1)(d).


Developing French-language services plans

8     In establishing specific goals and objectives in accordance with clause 5(1)(d), a designated public institution must give priority to services to which one or both of the following apply:

 

                (a)    there is a demand from the Acadian and francophone community for the services to be provided in French;

 

                (b)    failure to provide the services in French may compromise the health, safety or security of members of the public.


Implementing regulations

9     A Minister responsible for a designated public institution must ensure the following:

 

                (a)    that the designated public institution’s French-language services plan is developed and published in accordance with these regulations;

 

                (b)    that the implementation of these regulations within the Minister’s area of responsibility conforms with the purpose of providing quality French-language services and contributing to the preservation and growth of the Acadian and francophone community.


Minister’s annual report

10   After April 1, 2008, the Minister must set out all of the following in the annual report required by subsection 7(1) of the French-language Services Act:

 

                (a)    the progress of the designated public institutions in reaching the specific goals and objectives set for improving French-language services in the previous fiscal year;

 

                (b)    the progress of the Government of Nova Scotia in reaching the objective set out in subsection 3(1);

 

                (c)    recommendations to designated public institutions for implementing French-language services plans.


List of French-language services co-ordinators

11   The Office of Acadian Affairs must publish a list of all French-language services co-ordinators annually.

 

Communicating with public

12   Each designated public institution must ensure all of the following:

 

                (a)    that all written correspondence in French that is received by the designated public institution is replied to in French;

 

                (b)    that all information material issued to the public simultaneously in French and English displays a bilingual Provincial logo;

 

                (c)    that reasonable and appropriate steps are taken to make members of the public aware that services are available in French and English.


Information material

13   In determining which of its information material that is intended for the general public will be issued simultaneously in French and English, a designated public institution must give priority to information material to which one or more of the following apply:

 

                (a)    the information material is of particular relevance to the Acadian and francophone community;

 

                (b)    the information material pertains to French-language service delivery from the designated public institution;

 

                (c)    failure to provide the information in French may compromise the health, safety or security of members of the public.


Information issued by the Office of Acadian Affairs

14   Despite Section 13, all information material that is issued by the Office of Acadian Affairs and is intended for the general public must be issued in French.


Consulting with Acadian and francophone community

15   The Office of Acadian Affairs must conduct regular consultations with the Acadian and francophone community regarding French-language services offered by the Government of Nova Scotia.


Province-wide public meetings for public consultations

16   (1)    French-language services must be provided during at least one session of every series of Province-wide public meetings conducted by a designated public institution for the purpose of consulting the public.

 

       (2)    Subsection (1) does not apply if, in the opinion of the Minister responsible for the public meetings, members of the Acadian and francophone community have been able to participate in the public consultation process by other appropriate means.

Third party services

17   Each designated public institution must ensure that, if practicable, any new contract or renewal of a contract between the designated public institution and a third party that provides services on its behalf requires the third party to provide services in accordance with these regulations.


Participating in Provincial agencies, boards and commissions

18   Each designated public institution must encourage members of the Acadian and francophone community to become members of agencies, boards and commissions whose members are nominated for appointment or appointed by the Government of Nova Scotia.


Existing practice protected       

19   These regulations do not limit the use of the French or English language outside of the application of these regulations.


Limitation of obligations of designated public institutions

20   The obligations of designated public institutions under these regulations are subject to any limits that circumstances make reasonable and necessary, if all reasonable measures and plans for compliance with these regulations have been taken or made.



Schedule A

[Note: references to Departments and Offices in the following lists have been updated in accordance with the following Orders in Council under the Public Service Act, R.S.N.S. 1989, c. 376: O.I.C. 2007-553, effective October 23, 2007; O.I.C. 2008-161, effective April 1, 2008; O.I.C. 2011-15, effective January 11, 2011; O.I.C. 2011-147, effective April 19, 2011.]

 

Departments

Agriculture

Community Services

Economic [and Rural] Development [and Tourism]

Education

Energy

Environment and Labour

Finance

Health [and Wellness]

Health Promotion and Protection

Intergovernmental Affairs

Justice

[Labour and Advanced Education]

Natural Resources

Public Service Commission

Service Nova Scotia and Municipal Relations

Tourism [Communities], Culture and Heritage

Transportation and Public Works [Infrastructure Renewal]


Offices

Communications Nova Scotia

Emergency Management Office

Freedom of Information and Protection of Privacy Review Office

Nova Scotia Fisheries and Aquaculture

Office of Acadian Affairs

Office of Immigration

Office of the Ombudsman

Office of the Premier


Agencies

Advisory Council on the Status of Women

Annapolis Valley District Health Authority

Art Gallery of Nova Scotia

Cape Breton District Health Authority

Capital District Health Authority

Colchester East Hants District Health Authority

Cumberland District Health Authority

Guysborough Antigonish Strait Health Authority

IWK Health Centre

Nova Scotia Business Inc.

Nova Scotia Gaming Corporation

Nova Scotia Human Rights Commission

Nova Scotia Legal Aid Commission

Nova Scotia Liquor Corporation

Nova Scotia Pension Agency

Nova Scotia Utility and Review Board

Pictou County Health Authority

Seniors’ Secretariat

South Shore District Health Authority

South West Nova District Health Authority

Voluntary Planning Board

Workers’ Compensation Board of Nova Scotia

Youth Secretariat