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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: The Office of the Registrar of Regulations has not updated any of the references to departments, offices and agencies in Schedule A.]
Departments
Agriculture
Community Services
Economic Development
Education
Energy
Environment and Labour
Finance
Health
Health Promotion and Protection
Intergovernmental Affairs
Justice
Natural Resources
Public Service Commission
Service Nova Scotia and Municipal Relations
Tourism, Culture and Heritage
Transportation and Public Works
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