Resolution 25-09-277

DIRECTIVE REGARDING THE USE OF A LANGUAGE OTHER THAN THE OFFICIAL LANGUAGE

Adopted September 8, 2025

Introduction

Under the Act respecting French, the official and common language of Québec, assented to on June 1, 2022, Québec government bodies, including municipalities, must demonstrate exemplary conduct in the use, promotion, protection, and advancement of the French language. Depending on the context, certain exceptions apply subject to conditions. The Government’s Language Policy (Politique linguistique de l’État – PLE) guides this duty of exemplarity.

Accordingly, the Municipality of Ormstown (the “Municipality”) must draft and adopt a specific directive regarding the use of a language other than the official language. This directive sets out and contextualizes the exceptional situations in which the Municipality intends to use a language other than French, in cases permitted by the Charter of the French Language (CFL).

This directive responds to the government requirement and identifies the exceptions recognized by the Municipality.

The directive must be reviewed at least every five years.

Theme 1 – Written and Oral Communications with Legal Persons and Businesses Established in Québec

Legal Person – Head Office or Establishment Outside Québec – CFL 16, RLA 2(1)

The organization may use another language, in addition to the official language, when written communication is addressed solely to the head office or establishment of a legal person established in Québec, when that head office or establishment is located outside Québec.

1. In what cases, circumstances, situations, and for what purposes does the organization intend to use a language other than French?

The Municipality may use another language, in addition to the official language, when communicating with a legal person whose head office or establishment is located outside Québec in connection with a project or the awarding of a contract, without being limited to those two situations.

2. What measures or instructions must be respected before another language may be used?

Written communications must first be made in the official language. To use another language, the legal person must demonstrate that doing so would facilitate exchanges and understanding of the project or file.

Theme 2 – Documents Submitted to the Administration by Legal Persons and Businesses to Obtain a Permit, Authorization, Subsidy, or Other Financial Assistance

Head Office or Establishment Outside Québec – CFL 21.9, RLA 6(3)

A document may be drafted in another language when it originates from the head office or establishment located outside Québec of a legal person or business established in Québec.

1. In what cases and for what purposes?

Written communications may be drafted in another language when the head office or establishment is located outside Québec for the purpose of obtaining a permit, authorization, awarding of a contract, or any form of financial assistance.

2. What measures must be respected?

Communications must first be made in the official language. To use another language, the legal person must demonstrate that it would facilitate exchanges and understanding of the project or file so that the Municipality’s request is more likely to be accepted.

Theme 3 – Written and Oral Communications with Individuals and Other Communications

Judicial or Potentially Judicial Matters – Individuals – RDR 1(16)

The Administration may use another language, in addition to French, when communicating in writing with a person whose personal participation is necessary in a judicial or potentially judicial matter, whether as a party or witness.

1. In what cases?

The Municipality may use another language when communicating with a person whose participation is required in a judicial or potentially judicial matter, whether the person is accused or a witness.

2. What measures apply?

The Municipality must first communicate solely in the official language, unless the person is covered by CFL 22.2. Since matters of justice are involved, the Municipality considers it important that the person receive communications in the language they wish, provided all measures ensuring exemplarity have been taken and French remains predominant.

When Health Requires It – CFL 22.3

The organization may use another language when health requires it.

1. In what cases?

When situations may pose a risk to public health, the Municipality will communicate in the official language and in the second most widely used language in the territory. This includes public health emergencies, boil-water advisories, contamination notices, and similar measures.

2. What measures apply?

French remains predominant. The second language follows closely due to the importance of emergency situations.

When Public Safety Requires It – CFL 22.3

The organization may use another language when public safety requires it.

1. In what cases?

In situations posing risks to public safety, such as evacuations, fires, extreme weather, or other emergencies.

Municipal representatives may also use another language if technical terms would be difficult to understand in French and misunderstanding could create safety issues or regulatory non-compliance.

2. What measures apply?

French remains predominant. Another language may be used if necessary to ensure proper understanding.

When Principles of Natural Justice Require It – CFL 22.3

1. In what cases?

The Municipality may use another language to ensure understanding of regulations, administrative procedures, statements of offence, and financial obligations.

2. What measures apply?

Personnel must first communicate in French and determine whether communication can proceed solely in French. If impossible, another language may be used in the interest of natural justice.

English Correspondence Prior to May 13, 2021 – CFL 22.2

The organization may continue communicating in English with a person with whom it communicated exclusively in English regarding a specific file prior to May 13, 2021.

The Municipality maintains a list of such individuals. Staff must verify this list before communicating in English.

Media Outlets Broadcasting in Another Language – CFL 22.5

The organization may use another language in communications intended for media outlets operating in another language.

The Municipality prioritizes French-language media but may grant interviews in English when requested by English-language media.

Theme 4 – Signage

When health or safety requires it, the Municipality may display information in French and another language. French must remain predominant.

Theme 5 – Contracts and Agreements

Public Contracts – CFL 21, RLA 4(1)

Another language version may be attached when seeking interest from businesses without establishments in Québec.

Financial, Technical, Industrial, or Scientific Documents – CFL 21, RLA 4(2)

Another language version may be attached if documents do not exist in French, are produced by a third party, and are financial, technical, industrial, or scientific in nature.

Head Office Outside Québec – CFL 21, RLA 4(6)

Another language version may be attached when contracting with a Québec-based entity whose head office is outside Québec.

French remains prioritized.

Impossibility of Obtaining a Product or Service in Time or at Reasonable Cost – CFL 21, RLA 4(14)

The Municipality may contract with entities outside Québec when necessary to manage taxpayer funds responsibly. French remains prioritized, but another language may be used when necessary for contract execution.

Contract Outside Québec – CFL 21.5

Contracts signed outside Québec may be drafted solely in another language when necessary.

Theme 7 – Intergovernmental and International Affairs

International Agreements – CFL 21.1

Another language version may be attached to international agreements. French remains predominant and must be obtained if the other party drafts the agreement.

Services and Relations Outside Québec – CFL 22.3

The Municipality may use another language when providing services or maintaining relations outside Québec. French must be used first; another language is used only if French-only communication is not possible.