Policy Notice - New Policy on Alternative Service Delivery

Date: February 19, 2002

To: Deputy Heads of Organizations subject to Schedule I, I.1 and II of the Financial Administration Act and other institutions subject to the Official Languages Act

Subject: New Policy on Alternative Service Delivery

I am pleased to inform you that Treasury Board ministers have approved the new Policy on Alternative Service Delivery (ASD), which takes effect on April 1, 2002.

The Policy on ASD applies to all organizations named in Schedules I, I.1 and II of the Financial Administration Act (FAA) that are engaged in the delivery of programs and services that fulfil federal government objectives, unless specifically exempted by an Act of Parliament.

The Policy also includes five guiding principles that underscore the Government of Canada's commitment to strengthen respect of the spirit and intent of the Official Languages Act and the Official Languages (Communications with and Services to the Public) Regulations. Other organizations subject to the Official Languages Act must respect the spirit of these principles.

The Policy on ASD

The new policy follows through on the Government's commitment to the House Standing Committee on Public Accounts to strengthen the governance and accountability provisions for alternative service delivery initiatives.

The policy supports and encourages innovation in service delivery, provides a framework to govern ASD initiatives and account for results, and strengthens respect for the spirit and intent of the Official Languages Act and its Regulations.

The new policy applies when your organization is involved in:

• Creating new program or service delivery organizations, including service agencies, Crown corporations and Shared Governance Corporations such as local authorities and foundations
• Partnering and collaborating with other sectors and levels of government to deliver a program or service that fulfills Government objectives; and
• Contracting-out federal programs or services to the private and not-for-profit sector.

These initiatives often have far-reaching impacts on other departments, other governments and other sectors. Taken as a whole, they can have a significant cumulative effect on the institution of the public service. To ensure that a whole-of-government approach is taken, Treasury Board ministers will approve strategically important ASD initiatives.

Organizations are to provide the Treasury Board of Canada Secretariat with an annual ASD Plan, beginning in fiscal year 2003-04, which should be submitted by February 1^st each year. Based on the ASD Plan and further information that may be requested by the Treasury Board of Canada Secretariat, the Secretary of the Treasury Board will determine whether an initiative needs to be submitted to Treasury Board ministers for their approval.

ASD initiatives currently planned or underway should be identified to the Treasury Board of Canada Secretariat contact, prior to the submission of the first ASD plan in February 2003. To facilitate this exchange could you please nominate a departmental contact and ask this individual to communicate with Gérald Cossette, Director Management Strategies, Expenditure and Management Strategies Sector, Treasury Board of Canada Secretariat. He can be reached at (613) 946-6225.

Official Languages Principles

When an ASD arrangement is being contemplated, in all cases institutions subject to the Official Languages Act must address the five principles set out in the policy (Annex C). As well, prior to any decision on any initiative that could impact on their development, official language minority communities must be fully consulted.

Institutions must:

• Undertake a detailed impact analysis on service to the public in the official language of its choice, on language of work of federal employees, and on the development of official language minority communities.
• When a transfer or withdrawal involving other levels of government or the private sector is proposed, obtain a commitment to support the development of the official language minority communities affected, to consult those communities with regard to their needs
• and interests and to take concrete measures accordingly.⁽¹⁾ Under section 25 of the Official Languages Act, federal institutions must ensure that third parties providing services to the public on their behalf do so in both official languages according to the Act.
• Ensure that adequate redress mechanisms are in place, and make them known to the general public.
• Establish monitoring mechanisms for evaluating the results in achieving official language commitments.
• Take into account the language preferences of federal employees working in prescribed bilingual regions for language of work when the service is transferred to another level of government or to the private sector.

In their analysis, institutions must indicate the means chosen to respect official languages requirements. The analysis must also identify results commitments and how those results will be measured and reported.

The analysis must demonstrate how proponents will meet the official languages requirements when entrusting the delivery of programs and services to organizations not directly subject to the Official Languages Act.

For additional information on the Official Languages dimensions of the ASD Policy, you are invited to consult Kelly Collins, Official Languages Branch, Treasury Board of Canada, Secretariat at (613) 954-2582 or the person responsible for official languages within your institution.à

Announcement

An official news release and backgrounder will be issued on February 13, 2002. The policy will be available on Treasury Board of Canada Secretariat Web site at http://www.tbs-sct.gc.ca/pubs_pol/opepubs/tb_b4/siglist-eng.asp. Related tools will soon be made available at http://www.tbs-sct.gc.ca/asd-dmps/index-eng.asp.

As this is an advance notice, please do not share this information with people outside your organization. However, I would encourage you to share this notice with your subordinates involved in program and service delivery.

I am confident that you will find the new policy useful in developing and assessing any new ASD initiatives your department may wish to undertake.

Frank Claydon
Secretary of the Treasury Board and Comptroller General of Canada

Footnote

(1)  Where an exception to this principle is required (e.g. no official language minority community will be affected), an explanation must be included in the analysis.