DIALOGUE CANADA Proposed Bill to amend the City of Ottawa Act, 1999 City of Ottawa Act, 1999 Proposed Bill Notes Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:: Section 1 Section 11.1 of the City of Ottawa Act, 1999 is amended by adding the following: Bilingual character (1) The City recognizes its bilingual character, its place as the capital of Canada and the equality of English and French, its official languages. Right to communication and services in English and French (2) A person has the right to communicate in English or French with the City and to receive available services in either language. The proposed bill adds new provisions to the City of Ottawa Act and the sections currently in force are maintained unchanged. R.1 That the City of Ottawa reiterate the bilingual character of the City as well as equality of rights and privileges for both linguistic groups in light of services offered. A reference to Ottawa s place as the capital of Canada is added. By-law No. 2001 170 states: 1. A citizen of Ottawa has the right to communicate in English and French in accordance with the bilingualism policy adopted by Council on May 9, 2001 and as may be amended from time to time. 2. A citizen of Ottawa has the right to receive available services in either English or French in accordance with the bilingualism policy adopted by Council on May 9, 2001 and as may be amended from time to time. Broadening of the scope to A person in reference to the status of Canada s capital. Dialogue Canada - Proposed Bill to amend the City of Ottawa Act, 1999 page 1 of 5
Council Proceedings (3) Everyone has the right to use English or French in the debates and other proceedings of the city council. Simultaneous interpretation of the debates and other proceedings is to be provided. The Bilingualism Policy provides for translation and simultaneous interpretation: R.5, R.7 Written records (4) ) By-laws, resolutions and written records of the debates and other proceedings of the city council are to be in both English and French. The Bilingualism Policy provides for documents to be in English and French : R.5 Policy respecting use of English and French languages 11.1 (1) The city shall adopt a policy respecting the use of the English and French languages in all or specified parts of the administration of the city and in the provision of all or specified municipal services by the city. Same : board of health (1.1) A policy adopted under subsection (1) applies with respect to the administration of the board of health and the provision of services by the board. Scope and content of the policy (2) The scope and content of the policy adopted under subsection (1) shall be as determined by the city. Dialogue Canada - Proposed Bill to amend the City of Ottawa Act, 1999 page 2 of 5
Existing policy (3) If, before the day this section comes into force, the city has adopted a policy respecting the use of the English and French languages as described in subsection (1) that is lawful, that policy shall be deemed to be a policy adopted under subsection (1). Limitations (4) The requirement to adopt a policy under this section is independent of and unaffected by the power to pass a by-law under section 14 of the French Language Services Act and nothing in this section affects the interpretation of section 14 of that Act. Active promotion of services (5) The City shall actively promote its services in both official languages. Optional provisions Implementation of the Bilingualism Policy (6) The implementation of the Bilingualism Policy shall not cause any employee of the municipality to lose his or her employment. (7) The implementation of the Bilingualism Policy shall be implemented in co-operation and consultation with collective bargaining groups. This subsection will be replaced by the new transitional provision in section 2 of the present Bill. R.1.11.2 That the City actively promote its services in both official languages. By-law No. 2001-170 states: 3. The implementation of the Bilingualism Policy shall not cause any employee of the municipality to lose his or her employment. 4. The implementation of the Bilingualism Policy shall be implemented in co-operation and consultation with collective bargaining groups. Dialogue Canada - Proposed Bill to amend the City of Ottawa Act, 1999 page 3 of 5
Reasonable Measures (8) If all reasonable measures and plans for compliance with this section have been taken or made, the obligations it imposes on the City are subject to such limits as the circumstances make reasonable and necessary. Existing practice protected 9) This section does not limit the use of the English or French language outside the scope of its application. Exemptions (10) Are excluded from the application of the present section non-profit corporations or other entities that have for principle mission the promotion and development of a language or culture. Complaints (11) The City shall follow up on complaints concerning the implementation of this section. French Language Services Act states: 7. The obligations of government agencies and institutions of the Legislature under this Act are subject to such limits as circumstances make reasonable and necessary, if all reasonable measures and plans for compliance with this Act have been taken or made. French Language Services Act provides: 6. This Act shall not be construed to limit the use of the English or French language outside of the application of this Act. This subsection excludes entities whose mission is the promotion of a language or culture. R.9 That a follow-up procedure be established for handling complaints and for receiving comments and suggestions; and that the City make the general public aware of this procedure. Dialogue Canada - Proposed Bill to amend the City of Ottawa Act, 1999 page 4 of 5
Review of the policy (12) The City Council shall conduct a review of the Bilingualism Policy every 5 years. The review shall be conducted in cooperation with the Anglophone and Francophone communities of Ottawa. Transitional provisions Section 2 The policy in force under section 11.1 of the City of Ottawa Act immediately before section 1 of the present Bill comes into force continues in force as if it had been adopted under section 11.1, as modified by section 1 of the present Bill and the same applies to the Bilingualism By-law No. 2001 170, a by-law of the City of Ottawa relating to bilingualism. This subsection provides for a review of the Bilingualism Policy every 5 years. This section provides a legislative protection to the bilingual policy and to the By-law under section 11.1 as modified by the bill. www.bilingualottawabilingue.ca Dialogue Canada - Proposed Bill to amend the City of Ottawa Act, 1999 page 5 of 5