On May 13, 2021, the Québec government tabled Bill 96, An Act respecting French, the official and common language of Québec. This Act redefines the rules governing the use of the French language within all organizations operating in Québec.
Bill 96 is imminent and will result in significant changes in several areas with respect to business practices and obligations, including labour relations, public signage, marketing and advertising, contracts and securities, as well as civil administration interactions (The civil administration includes the government of Québec, its departments or bodies).
To help you understand and anticipate the changes to come, our team has prepared the following Frequently Asked Questions (FAQ) offering you practical answers to the most frequently asked questions about Bill 96.
Frequently Asked Questions
- Labour Relations | As an employer, can I require knowledge of a language other than French in a job offer?
- Public display | Is it possible to display a trademark in a language other than French?
- Advertising, websites and social media | Do my website and its content have to be translated into French if they are accessible from Quebec?
- Contracts | Do contracts between two private entities, one of which is in Quebec, have to be drafted in French?
- Francization of companies and relations with the OQLF | What risks do my company and its directors face if they do not comply with the new Charter?
- Francization of companies and relations with the OQLF | When does my company have to register with the OQLF and begin the francization process?
Labour Relations
Q. As an employer, can I require knowledge of a language other than French in a job offer?
An employer may require knowledge of a language other than French in an offer of employment provided that such knowledge is necessary for the performance of the job. The employer will need to take all reasonable steps to avoid imposing such a requirement. While this duty to take reasonable steps should not require an unreasonable reorganization of the employer’s business, it nevertheless implies compliance with the following conditions:
- Assess the actual language needs associated with the tasks to be performed
- Ensure that the language skills already required of other staff members were insufficient to perform these tasks
- To the extent possible, limit the number of positions that require the performance of duties in a language other than French
Otherwise, it will be considered that the employer has not taken all reasonable steps to avoid such a requirement.
It should also be noted that the offer must indicate the reasons for requiring knowledge of a language other than French.
Reference sections: 46 and 46.1
Public display
Q. Is it possible to display a trademark in a language other than French?
A trademark may be displayed in a language other than French in public signage and commercial advertising if it is a registered trademark within the meaning of the Trademarks Act and there is no corresponding version in French on the register maintained under that Act.
If the mark is in French and in another language, French must appear in a clearly predominant manner when the mark is used in this other language in public signage visible from outside the premises.
Reference section: 58.1
Advertising, websites and social media
A business that offers goods or services to consumers must respect their right to be informed and served in French. In the case of a public other than consumers, the company must inform and serve this public in French. The website of a company doing business in Quebec must therefore be accessible in French. The company does not need to enter into any transactions in order to be subject to this requirement; it only has to intend to make goods or services available to the Quebec market. A company claiming that it serves no customers in Quebec may have to demonstrate this to the OQLF.
Reference sections: 50.2 and 52
Contracts
A freely negotiated contract may be drafted exclusively in a language other than French. As for adhesion contracts, i.e., contracts whose essential clauses are drafted in advance by a party and which cannot be negotiated, these can be drafted in another language only if the French version has been given to the adherent and the parties expressly wish to avail themselves of the version drafted in another language. There are some exceptions to this rule.
In the real estate field, the following contracts must be drawn up in French, unless the parties expressly wish that they be drawn up in another language:
- An agreement for the sale or exchange of all or part of a primarily residential building with fewer than five dwelling units
- An agreement for the sale or exchange of a fraction of a primarily residential property that is the subject of a condominium agreement or declaration
Reference sections: 55 and 55.1
Francization of companies and relations with the OQLF
Q. What risks do my company and its directors face if they do not comply with the new Charter?
In the event of non-compliance with the new version of the Charter, the company may be subject to the following sanctions:
- 1st: $3,000 to $30,000
- 2nd: $6,000 to $60,000
- Nth: $9,000 to $90,000
Reference sections: 205 and 206
With Bill 96, directors can now be held personally liable and be subject to sanctions:
- 1st: $1,400 to $14,000
- 2nd: $2,800 to $28,000
- Nth: $4,200 to $42,000
Reference section: 207
Q. When does my company have to register with the OQLF and begin the francization process?
Any company employing 25 or more people in Quebec for a period of six months will have to register with the OQLF. Following this registration, the company must send the OQLF an analysis of its language situation. Upon receipt of the analysis, the OQLF will determine whether the use of French is generalized at all levels of the company. If this is not the case, the company should adopt a francization program.
Reference sections: 139 and 140
