Reference to the CFA’s Advocacy Update from May 26, 2022

Bill 96, the provincial government’s controversial legislation aimed at protecting the French language in Quebec, has been adopted in the National Assembly. The bill was designed as an update to Quebec’s original language law, Bill 101, but it contains huge, sweeping changes that will make deep marks in the justice system and college education system, among many other sectors of Quebec society.

Among other things, it would make it mandatory for new immigrants in Quebec to communicate with any government entity entirely in French starting just six months after their arrival.

The bill would also change the system for deciding how many judges in Quebec must be bilingual, shifting that power to the justice minister — who is currently the same person as the minister responsible for French.

MNAs voted 78-29 in favour of passing the law Tuesday afternoon, with opposition members from the Liberal Party and Parti Québécois voting against it. 

WHAT DOES IT MEAN FOR BUSINESSES?

Here are some of the ways in which we expect Bill 96 will impact employers and businesses operating in Quebec:

Conducting Business:

Businesses will have heightened requirements with respect to their communications in French with consumers as well as non-consumers and the Quebec government.

• Offering goods and services in French: The bill introduces explicit requirements for businesses to offer goods and services to consumers, as well as non-consumers, and agencies of civil administration, in French. Under the current regime, consumers have the right to be informed and served in French, but the new Bill extends the requirements to non-consumers and explicitly imposes the corollary obligation on businesses to respect such right.
• Contracts and other documents must be in French: Bill 96 elaborates on the existing requirement that contracts pre-determined by one party, contracts containing standard clauses, and the related documents, must be drawn up in French. The current interpretation of this rule is that parties may execute an English-only agreement as long as it contains a clause whereby the parties agree that only an English version will be drafted and executed. Once the amendments are in force, however, businesses will have to provide a French version of these documents before a counterparty expresses a wish to be bound by a version written in another language.
• Contracts drawn up exclusively in French: Contracts entered into with Quebec civil administration will have to be drawn up exclusively in French, with few exceptions, regardless of whether the contracting enterprise is operating in Quebec or not.
• Permit applications exclusively in French: Written documents sent to government agencies by businesses in order to obtain a permit, authorization, subsidy, or financial assistance shall be drawn up exclusively in French.
• Registering security in French: Bill 96 amends to the Civil Code of Quebec that would require all registrations of security on movable property in Quebec to be exclusively in French, i.e. including the description of the relevant collateral being charged.

Public Signs and Advertising:

Bill 96 narrows the existing trademark exception relied upon by many national and international businesses to ensure branding consistency.

• The trademark exception is narrowed: Currently, a trademark recognized under Canadian trademark legislation (which includes both common trademarks and trademarks for which an application is pending) may appear on public signs and posters exclusively in a language other than French, with some additional requirements in respect of public signs and posters displayed outside an immovable. Bill 96 stipulates that such exception can only be used in connection with registered trademarks, provided that no corresponding French version appears in the Canadian Trademarks Database.

In the Workplace: Bill 96 strengthens and expands on employers’ obligations with respect to communicating with employees and prospective employees in French, employees’ French language rights, and complying with francization requirements. For more information about how Bill 96 will affect employment in Quebec, please read our blog post here.

Non-compliance:

Currently, the Charter only provides for administrative fines and the potential suspension or withdrawal of the francization certificate, if applicable.

• Ability to bring a civil action: The amendments would allow people who feel their language rights are violated under the Charter to bring a civil right of action against the offender.
• Permits and authorizations: Repeated contraventions of the Charter may result in suspension or revocation of government permits or authorizations.
• Fines will increase: The fines for non-compliance with the Charter will increase to $3,000 to $30,000 for businesses. It provides for the doubling of fines for a second offence and tripling for a subsequent offence, and considers each day an offence persists as a separate offence.
• Injunctions and court orders: The OQLF will gain the ability to request an injunction to force compliance with the requirements of the Charter, or a court order for the removal or destruction of posters, signs or advertisements that contravene the Charter, at the expense of the offending business.