Agreement Schedule A – Administrative Procedures and Conditions
Schedule B – New Brunswick’s Action Plan Schedule C – Model for the certified final report on outputs and actual expenditures
CANADA-NEW BRUNSWICK AGREEMENT ON THE PROVISION OF FRENCH-LANGUAGE SERVICES
2005-06 to 2008-09
Preamble
I. Introduction
On June 7, 2002 the Government of New Brunswick passed a new Official Languages Act, in which it made a commitment to fulfil its constitutional obligations under the Canadian Charter of Rights
and Freedoms.
The Official Languages Act reaffirms the rights of New Brunswickers to communicate with provincial institutions and to obtain services from them in the official language of their choice and to use
the official language of their choice before the courts in the province.
In passing the new Act, New Brunswick has taken on new linguistic obligations that did not exist in the Official Languages Act of 1969.
On the strength of this new Act and increasingly convinced of the advantages of official bilingualism, New Brunswick hopes to build once again on its close relationship with the federal government
in the area of official languages to enhance the services it provides to New Brunswickers in both official languages.
Immediately following the federal government’s announcement and release of Canada’s Action Plan for Official Languages, the Government of New Brunswick, through the Francophonie and
Official Languages Branch of the Department of Intergovernmental and International Relations (DIIR), set up a committee to explore the partnership opportunities available to it under the new federal
Plan and to prepare a “Government of New Brunswick’s Interdepartmental Action Plan for Official Languages”.
The provincial Interdepartmental Committee consisted of representatives of the following departments: Education, Training and Employment Development, Culture and Sport Secretariat,
Environment and Local Government, Health and Wellness, Family and Community Services, Business New Brunswick, Supply and Services, and Justice.
New Brunswick’s Committee drafted the Interdepartmental Action Plan after holding a number of meetings to share the outcomes of discussions that were being conducted within each department.
The interdepartmental action plan initially received the support of each of the deputy ministers in question. It was studied and discussed by the Advisory Committee on Official Languages, a
committee consisting of representatives of associations, nongovernmental organizations and institutions, the private sector, and the public and parapublic sectors. New Brunswick’s Interdepartmental
Action Plan met with much interest and enthusiasm in the community. It was in this spirit that it was presented to senior provincial government officials on March 17, 2004.
The Policy and Priorities Committee, chaired by Premier Bernard Lord, endorsed the Interdepartmental Committee’s proposal and instructed the DIIR to work with the federal government to develop
a collaborative framework and an agreement on French-language services in New Brunswick.
The DIIR continued its consultations with the Francophone and Acadian community in March and April 2005, thereby confirming official language needs. Further, the Government of New
Brunswick, through the DIIR, rallied the Francophone and Acadian community around its strategic planning process for the provision of French-language services that meet the requirements of New
Brunswick’s Official Languages Act. These initiatives also enabled the community to help shape the provincial strategy. The DIIR plans to make further use of this consultative and collaborative
process as it continues its work.
The Province of New Brunswick wishes to enhance the French-language services it provides to New Brunswickers and help promote the equality of the two official language communities. The
Government of New Brunswick, mindful of the fact that it and its departments play a key role in the provision of French-language services, recognizes the importance of working collaboratively with
community structures and organizations to help it attain its objectives. Among other things, it wishes to adopt a more strategic approach and to develop mechanisms for reporting on the effectiveness
of the measures that are chosen. The consultations with the Francophone and Acadian community and the various departments allowed the provincial government to identify key sectors for the next
four years. The Francophone and Acadian community has made it clear that the Government of New Brunswick has to enhance the services provided in the sectors in question so that Francophones
and Acadians in the province can reach their full potential and French-language services can be improved.
Under this Action Plan, the Government of New Brunswick aims to support initiatives that will enable the province to strengthen its policy, legislative, and administrative framework; support the
development, planning, and provision of French-language services in key sectors; provide for communication, formal consultation and effective participation of the community; and support
programming undertaken by School-Community Centres in the province.
The Government of New Brunswick is pleased to renew its commitments and join forces with the Government of Canada in the area of official languages. This agreement will enable the province to
continue improving the provision of French-language services in New Brunswick by complementing the many steps it has taken. New Brunswick wishes to strengthen partnerships with other
provincial and federal departments and continue working together in a spirit of cooperation. These initiatives and measures will have a definite impact on the quality of services provided in French to
New Brunswickers. The Government of New Brunswick remains committed to its efforts to develop ways and strategies allowing it to continue providing quality French-language services to New
Brunswickers.
1 Strengthen Policy, Legislative, and Administrative Framework
1.1 Local Governance
On June 4, 2002 Premier Bernard Lord unveiled his government’s new Official Languages Act, establishing fair and reasonable thresholds for determining which municipalities are obligated to meet
the requirements of the Act.
The legislative provisions of the Act address the availability of documents in both official languages and the bylaw establishment process for municipal organizations. These provisions uphold the
right of individuals to communicate in English or French with government institutions, including designated municipal organizations. In all, 15 municipalities, seven planning commissions, and eight
solid waste management commissions have obligations under the Official Languages Act.
The designated municipalities and commissions are to provide key services and communications in both official languages by December 31, 2005, as spelled out in the Services and Communications
Regulation under the Official Languages Act. The Regulation was prepared in close cooperation with the municipalities in question. Financial assistance will enable the municipalities to meet the
requirements of the new Act by December 31, 2005. The Department of Environment and Local Government will tally the number of municipalities and commissions having met their obligations
stipulated in the Act and Regulations and will work closely with them in order to implement initiatives that will enhance services to the Francophone population in general.
Currently, most Francophones in New Brunswick live in remote regions in unincorporated local service districts. The Government of New Brunswick wishes to promote the growth of local
governance and support rural development. The departments, municipalities, and the community will submit proposals to help the government attain these objectives. It wants to make sure that the
Association francophone des municipalités du Nouveau-Brunswick plays a greater role in the development of local governance policies and becomes a major player in the making of decisions
affecting its operations and economic growth. The Province of New Brunswick hopes to implement strategies that will generate revenue in the regions and contribute to the vitality of regional
communities. These initiatives should also help the Government of New Brunswick attain other objectives, namely to slow the exodus of its citizens and increase the number of investors in remote
regions.
1.2 Management and Accountability Framework
The Government of New Brunswick has tasked the DIIR with managing, coordinating, following up on and assessing the program on the provision of French-language services in New Brunswick.
The Province of New Brunswick is committed to the principle of the accountability framework as spelled out in Canada’s Action Plan for Official Languages. New Brunswick will develop
mechanisms for reporting on the effectiveness of the measures implemented. It aims to achieve transparency in its accountability. To that end, this Action Plan contains initiatives, anticipated
outcomes, and performance indicators. At reporting time, the performance indicators will make it possible to draw conclusions about the anticipated outcomes and the attainment of objectives. Even
though New Brunswick has set long-term objectives, it believes that attainment of these objectives cannot be measured over a single year. Accordingly and to meet the requirements of the
accountability framework, New Brunswick proposes to report on outputs for the first three years. Then, in 2008-2009, the Government of New Brunswick will report on performance and attainment of
outcomes. New Brunswick plans to call upon measurement and assessment experts to develop strategies and measurement and assessment tools in order to determine whether the anticipated outcomes
have been achieved in 2008-2009. For the time being, the performance indicators spelled out in the province’s Action Plan will mostly measure outputs rather than anticipated outcomes. The Action
Plan will be updated following consultations with experts.
It should be noted that there is already a consultative process in place enabling the province to measure the Francophone and Acadian population’s level of satisfaction with the provision of Frenchlanguage
services. The Government of New Brunswick helped establish the Office of the Commissioner of Official Languages, which investigates complaints from members of the public with respect
to official languages and services provided in French by institutions of the Government of New Brunswick. Following an investigation, the Commissioner can make recommendations on
improvements or corrections to be made in order to ensure compliance with the Act. The Commissioner is also responsible for promoting the advancement of both official languages in the province.
In his 2003-04 report, the Commissioner notes that despite the progress that has been made in the province in the area of official languages, much remains to be done. “There is still work to be done:
an active offer of services in both official languages is not automatic in all government institutions, including health care institutions; members of the public do not automatically have access to
services in the language of their choice in all hospitals in the province, particularly in regions with an Anglophone majority; and Francophones hired for public service positions in the province still
cannot take it for granted that they will be able to work in their language.” The Commissioner’s recommendations are brought to the attention of the Deputy Ministers’ Committee on Official
Languages, and steps are being taken to remedy the situation.
Further, the DIIR has established a biannual consultative process with an interdepartmental committee and an advisory committee on the Francophonie. In 2005 the DIIR held sectoral consultations
with the Forum de concertation des organismes acadiens du Nouveau-Brunswick, and it plans to continue its dialogue with these organizations to ensure that the program on the provision of French-language services in New Brunswick meets the needs of the Acadian and Francophone community. These consultations will also make it possible to compile a lot of data in connection with the
performance indicators.
2. Support the Development, Planning, and Provision of French-Language Services in Key Sectors
2.1 Health and Wellness
The new Regional Health Authorities Act and Official Languages Act have added requirements in the health sector, particularly with respect to the provision of services in both official languages
within the Regional Health Authorities. The two linguistic communities must have access to health services and health professionals in the language of their choice. In recent consultations, the
community reaffirmed the need for the Government of New Brunswick to continue its efforts to improve services in the health and wellness sector.
Compounding these requirements are the phenomena of shortage of supply and growth in demand. The skilled workforce supply is insufficient to meet demand in the health sector. Further, in New
Brunswick most health professionals are trained outside the province. According to a recent study, in the next 10 years today’s shortages will become more acute, and others will emerge.
Cooperation among health professionals, health managers, and communities is essential to identify lasting solutions to current problems.
Following the recommendations of the report entitled French-Language Healthcare - Improving Access to French-language Health Services submitted to the Minister of Health Canada and the
release of Canada’s Action Plan for Official Languages, funds were earmarked for three major strategies in support of the principles spelled out in the Acts.
Establishment of networks promoting community participation in the development and enhancement of health care: community networks, organization of services, training/research
Training for health professionals in order to increase the number of professionals able to provide service in French
Strategy to improve access to primary health care in French.
The Department of Health and Wellness and the Regional Health Authorities are members of three provincial networks which ensure that proposals submitted to Health Canada meet provincial
guidelines and do not duplicate services provided to the public under the current agreement.
Following the report of the Commissioner of Official Languages for New Brunswick, the Government plans to continue its efforts with the Department of Health and Wellness and the Regional
Health Authorities to enhance French-language services. The strategies implemented in recent years have definitely helped lay a solid foundation for French-language services. This agreement will
enable New Brunswick to improve the quality of documents available in both official languages to the citizens of New Brunswick and to provide more opportunities for language training in French.
2.2 Early Childhood
In Phase I of New Brunswick’s Prosperity Plan, the Government implemented measures “ensuring children are given the strongest start possible through early childhood development programs, such
as childcare, pre-natal care, and early language development, so they are prepared to learn from the moment they enter school.” For example, the Department of Family and Community Services
implemented the Talk With Me early language development program, which has produced very positive results with respect to the development of speech and language in preschool-aged children.
The program should be available in all regions of the province by late December 2005.
In New Brunswick the government is working closely with the Association francophone des parents du Nouveau-Brunswick (AFPNB). A Réseau d’appui à l’intégration des enfants des ayants droit au
système éducatif francophone has been established by the AFPNB, which also, in September 2004, set up an early childhood network consisting of representatives of federal and provincial
government departments in addition to members of the community. The early childhood network is currently developing an action plan. A provincial symposium is slated to be held in spring 2006,
followed by a general assembly in 2007. The network wishes to study needs in the regions and make recommendations to the government to address shortcomings. One of the general objectives will
definitely be to develop a service provision model guaranteeing equitable service to all children in the province. Another goal will undoubtedly be closer cooperation between the various provincial
and federal departments involved in this issue. The Province of New Brunswick is prepared to support the early childhood network in this consultative process with Francophone New Brunswickers
and assist with other initiatives designed to enhance the provision of French-language early childhood services.
2.3 Literacy
This sector has been a priority for the Government and the community since the very beginning of the consultative process. Numerous initiatives are underway in other departments in an effort to raise
literacy and education levels in the Francophone and Acadian community. To avoid duplication of services, it has been agreed that initiatives launched under this agreement should aim to increase
French-language resources, reference and information in the public library system over the next four years. The Province of New Brunswick aims to promote equality of services throughout the public
library system.
2.4 Youth
The youth sector was identified as a priority not only by the community during the sectoral consultations in March 2005, but also by the various departments at roundtable discussions. Youth must
play an active role in societal development. The expectations of today’s youth are different from those of youth in years past. They have experiences and expertise to share, which will enable society
to grow and thrive. The Government of New Brunswick will support Francophone youth organizations in New Brunswick so they can put together a long-term development action plan. In response to
needs voiced by youth at the many consultations held by the Government of New Brunswick, the province will support initiatives to foster mobility; leadership training; the active and inclusive
participation of youth in provincial, national, and international forums; and youth gatherings similar to the Grand Rassemblement 2004. This latter event had a positive impact on all youth
organizations and associations, with all reporting a significant increase in membership. Also, members are beginning to invest more of themselves in these organizations and associations.
2.5 Language Industry
The expansion of language rights and the scope of New Brunswick’s new Official Languages Act have resulted in significant translation and interpretation requirements. Demand for translation and
interpretation services in New Brunswick continues to grow, and future-year forecasts show an upward trend.
While demand is increasing, the supply of skilled translators and interpreters is diminishing. The aging of the members of the translation and interpretation profession is worrisome. In New
Brunswick, the median age of interpreters is over fifty, and there is only one practising interpreter under forty.
To ensure a quality succession and make the province more self-sufficient with regard to translation and interpretation and thereby able to provide essential French-language services, it is necessary to
strengthen and increase the workforce in this sector. New Brunswick realizes that the language industry is experiencing a shortage of human and financial resources, both nationally and regionally.
Investment will be made in order to ensure a skilled succession in the translation and interpretation sectors in New Brunswick. The proposed initiatives mesh with the priorities contained in Canada’s
Action Plan for Official Languages, which aim to establish human resource strategies and address the issue of succession in the areas of translation and interpretation.
2.6 Justice
The new Official Languages Act (OLA), which was adopted on June 7, 2002, imposes new obligations with respect to the translation of all court decisions. Currently, some 40% of all court decisions
are translated every year. It is estimated that implementation of the OLA will result in a 25% increase in the amount of translation required. These new requirements have also brought about a change
in methodology for the translation of Court of Appeal judgments. Translators with the Université de Moncton’s Centre de traduction et de terminologie juridique have to work more closely and in
continuous interaction with the Court of Appeal, resulting in a 20% increase in the cost of translation, also referred to as an interactivity premium.
Legal language training will have to be provided to more judges in order to improve their ability to hear pleas in both official languages. Accordingly, the Government of New Brunswick will be able
to better fulfil its obligations with respect to language rights enshrined in the Charter and in the OLA as well as other provincial legislation.
Currently, young offenders have to travel throughout the province to attend court hearings. Videoconferencing would help reduce the need for such travel and the associated costs. It would also
improve access to court hearings.
Translation of judgments and training for judges are areas in which the province is already very actively involved. However, to ensure access to justice in both official languages for New
Brunswickers, the province must increase its legal translation capacity and improve the ability of judges to hear pleas in both official languages. It must also innovate by using new technologies to
improve access.
The initiatives proposed in this Action Plan will enable the province to attain these objectives and will help improve access to justice in both official languages, as advocated in section 4.2.3 of
Canada’s Action Plan for Official Languages.
2.7 Promotion of Francophone Arts and Culture
Arts and culture are crucial for the development of societies. Regional prosperity depends in large part on economic conditions, and in most cases, arts and culture play a key role. It is therefore
necessary to make sure that arts and culture take centre stage in the province’s growth. The Francophone and Acadian community is aware that the time has come to identify its needs and priorities in
the arts and culture sector. The province has already demonstrated its support to the community and would like to become involved in this file in the years ahead. Also, it will provide partial funding
for a Francophone Arts and Culture Summit. This strategy should make it possible to set priorities for the next few years. The Government of New Brunswick will definitely want to support initiatives
which are designed to strengthen the vitality of the Francophone and Acadian community and will enable the arts and culture sector to play a major role in the province’s economic, social, and cultural
development. New Brunswick will also want to raise its profile in the Francophonie in terms of its cultural policy, whose objective is to enhance services to its arts and heritage clientele.
2.8 Language Planning
Many private companies have been choosing to post signage in both official languages for the past few years. The fact that New Brunswick is an officially bilingual province may no doubt
have swayed some of these companies. Many local chapters of the Société des acadiens et des acadiennes du Nouveau-Brunswick (SAANB) have worked closely with communities and
especially with private enterprise and municipal councils to make them aware of the benefits of signage and the offer of services in both official languages. The province wishes to support
other similar initiatives and thus become involved with private enterprise and the community at large to sensitize them to the importance of using French daily. The Government of New
Brunswick hopes that by increasing signage in both official languages, it will have a direct impact on the offer of services in the language of choice of the province’s citizens.
2.9 Immigration
The Province of New Brunswick is aware of the need to develop services to attract Francophone immigrants to the regions in order to maintain a demographic balance. The vast majority of
immigrants choose to settle more permanently in major centres. The benefits of living in the regions have to be known to the public and be part of a recruitment, integration, and retention strategy. The
consultations that were held shed light on the importance of establishing immigration systems for Francophones in the regions so as to increase the province’s chances of attracting Francophone
immigrants. In recent years efforts have been made to attract more Francophone immigrants in order to maintain the province’s demographic balance and help promote cultural diversity in the
Francophone and Acadian community. Much work remains to be done, and New Brunswick has to step up its recruitment and integration measures beyond those it has already implemented in order to
ensure equitable representation between the linguistic communities among new arrivals.
3. Ensure Communication, Formal Consultation and Effective Participation of the Community
3.1 Special Events and Projects
In the context of support for services to the official language communities, the Government of New Brunswick will encourage promotional and awareness-raising efforts highlighting the vitality of
Francophones and Acadians in the province. It is against this backdrop that the program on the provision of French-language services in New Brunswick will support efforts by the government or its
partners to carry out special events and projects designed to enhance and strengthen the Official Languages Act and service in both languages. The Province of New Brunswick in the years ahead will
continue to play a lead role in the Francophonie. It will work with organizations that are crucial to the development and provision of services that support the Government’s efforts and contribute to
attaining the objective of true equality of the two communities.
3.2 Community Consultation and Participation
Cooperation is vital to the success of any initiative, and it is by ensuring greater understanding and cooperation between all stakeholders that the province will continue to improve the provision of
French-language services to the public. A significant partner for the community will no doubt be the Forum de concertation des organismes acadiens du Nouveau-Brunswick, which now represents
more than 30 organizations in the following sectors: arts, culture, and communications; the economy; education; and the sociocommunity and sociopolitical spheres. The Government of New
Brunswick wishes to have more opportunities for working collaboratively with the Forum, either through meetings or initiatives that will promote exchanges and partnerships between the two groups.
The Province of New Brunswick plans to play a greater role in terms of liaison with its communities and provincial and federal government departments. In so doing, it wishes to consolidate its ties
with its Francophone and Acadian community and prevent duplication in services provided to the public.
3.3 Bringing Both Communities Closer Together
The Provincial Action Plan places considerable emphasis on initiatives enabling the province’s two linguistic communities to get to know and respect each other, to promote better mutual
understanding. The Government of New Brunswick believes that prosperity in the province will be enhanced once the two communities work together on matters of mutual interest. A study conducted
by Desserud, Everitt, and Howe in November 2004 indicates that, “Our findings reveal that, while most New Brunswickers seem convinced that they do live in a divided community, in actual fact
Anglophones and Francophones in the province share remarkably similar values and attitudes regarding political efficacy, trust, community attachment, importance of religion, and so on. (…) Despite
perceptions of conflict and differences in values, a majority of both communities agree that ‘good relations between the French and English communities in New Brunswick should be one of
government’ top priority’.” The province will approach Dialogue New Brunswick and other organizations to help it attain the objectives identified for this activity sector.
Further, social and community associations and organizations in the province help convey an image supporting New Brunswick’s status as a bilingual province. The Government wants to continue
working with these organizations and associations to ensure continued harmonious relations and achieve greater respect between the two official language communities. It will help them mostly in the
areas of translation and interpretation.
4. Support for School-Community Centre (SCC) Programming in the Province
Francophones, Acadians, Francophiles and mixed-origin couples in the urban centres of Fredericton, Saint John, and Miramichi are able to rely on a dynamic venue which offers a variety of services
and activities in French and bolsters the development and growth of their communities. The Province of New Brunswick aims to facilitate the implementation of measures to promote the growth of
Francophone and Acadian communities served by School-Community Centres in order to foster their participation in French in various aspects of life in Canada. The Fredericton and Saint John
regions have witnessed significant growth in their Francophone and Acadian population and must now endeavour to provide the same services with limited resources. The situation in the Miramichi
region is another challenge altogether. The Centre Carrefour Beausoleil has to serve a more sparsely populated area spanning some 10 kilometres. Also, it must work closely with other neighbouring
regions to provide quality French-language services to its citizens. In addition, the School-Community Centres have to reposition themselves and adjust to this new reality. They will be called upon
examine the needs of their communities more closely and refocus their strategic plans accordingly in order to provide their citizens with a diverse range of quality French-language services. The
Government wishes to help them attain that objective.
The Action Plan as spelled out in the Canada-New Brunswick Agreement on the Provision of French-Language Services 2005-06 to 2008-09 is a continuation of efforts to meet the objectives
of Canada’s Action Plan for Official Languages while helping to attain provincial objectives.
The strategies and activities proposed in the Action Plan are new ones for the most part, and they complement without duplicating those that will be funded jointly by New Brunswick and
Canada under other agreements on official languages.
This Action Plan was developed in consultation and cooperation with sectoral departments with the assistance of the Forum de concertation des organismes acadiens du Nouveau-Brunswick,
particularly when it came to identifying areas of intervention, and with the help of the Department of Canadian Heritage.
With regard to shared contributions, the Province of New Brunswick will invest 50% of the monies to be used to cover the expenditures anticipated for implementation of this Plan.
With regard to official languages, New Brunswick proposes to develop a new partnership with the Government of Canada. This new dynamic will be based primarily on the following principles:
The Province recently established a more solid foundation with its new Official Languages Act. Of course, greatly increased efforts to enhance French-language services are being made in
conjunction with a sharp rise in demand. New Brunswick is the only officially bilingual province in Canada, therefore it is the only provincial government that adheres wholly to the
fundamental principles underlying Canada’s existence;
The Province has shown the effectiveness of its actions and is proof that official bilingualism can work in Canada. The Government of New Brunswick wishes to prove that the ambitious
steps it has taken are effective and are producing better results;
Even though New Brunswick recognizes the needs of all provinces and territories with respect to official languages, it believes that the federal government must recognize, within the
framework of Canada’s Action Plan for Official Languages, the asymmetric nature of the situation in New Brunswick.
The Government of New Brunswick is, as it were, a microcosm of Canada when it comes to the two official language communities. It is without doubt the partner in Canada that has benefited the
most from official language programs in the past and has obtained the best results. The province’s current situation requires that it do even more, because its Francophone and Anglophone population
wants and is demanding that it do so. Canada must recognize New Brunswick’s unique nature so that it can continue to grow and even speed up the current pace of growth, with a view to capitalizing
on the province’s success and the example it holds up nationwide.
The Province of New Brunswick is counting on the support and cooperation of the Government of Canada in working together to achieve the goals of their respective Action Plans.
