We often get questions about French language requirements in Canada (particularly in Quebec). Language law changes came into full effect last year, so it’s a good time to examine the matter and highlight compliance requirements for businesses.
But first, here is some history for context.
The Royal Commission on Bilingualism and Biculturalism (1963-69) stated that “A bilingual country is not one where all the inhabitants necessarily have to speak two languages; rather, it is a country where the principal public and private institutions must provide services in two languages to the citizens, the vast majority of whom may well be unilingual.”
Canada’s Official Languages Act, adopted in 1969, made English and French the two official languages of Canada. That move reflects the importance of both languages in the country’s history and guarantees that citizens across the nation can access government services in both official languages. (Packaging and labelling laws across the country also have built-in bilingual requirements.) Quebec’s Charter of the French Language (Bill 101) was enacted in 1977 to establish French as that province’s official language when it comes to the government, education, commerce, and the workplace.
Statistics indicate that English is the most popular and widely used of both official languages outside the province of Quebec. In fact, the ‘demographic weight‘ of Francophones across Canada has declined for many years. In June 2022, the Quebec government passed Bill 96 (An Act respecting French, the official and common language of Quebec) to address this decline and support its language.
Bill 96 is an amendment to Quebec’s Charter—the first major change since 1977—designed to protect and strengthen French as that province’s official language. It has material impacts not only for businesses operating in that province but also for businesses with customers inside Quebec. The most significant impacts of Bill 96 include the following:
- Marketing and customer service – Businesses offering goods or services must respect their customers’ right to be informed and served in French. This includes having a French version of a business’s web pages.
- Labelling – If English (or any language) is used on a label, it cannot be presented more favourably than the French version. Even slight differences in font size can run afoul of Bill 96.
- Trademarks – Generic terms or product descriptions included in a registered trademark must also appear in French on the product.
- Employment documents – All agreements, offers, promotions, and training materials must be offered to Quebec employees in French. Job postings must also have a French version distributed in a manner equal to their English counterparts.
- Small business language reporting – Small businesses (with 5 to 49 employees) must declare their employees’ French language skills and note how many cannot communicate in that language. This applies to new and existing businesses; the results will be posted publicly. (These requirements previously applied to larger organizations.) Businesses employing 25 people or more will also be subject to a ‘francisation’ process that determines internally how the language is used throughout the company.
- Business contracts – All contracts (employment, insurance, collective agreements, and others) must be provided in French. However, signing parties can request an English version to accompany the French one.
The Office québécois de la langue française (OQLF) is the body responsible for implementing Bill 96’s requirements, conducting audits, and issuing fines of up to $30,000 for non-compliance.
We always recommend our clients engage with legal and translation resources in Quebec to avoid misinterpreting and contravening that province’s laws. The Éducaloi website recommends consulting a lawyer or notary to clarify Charter issues. It redirects to JurisReference, a legal resource that refers prospective clients to Quebec lawyers with experience in various fields (including language matters).
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