Quebec's Bill 96: Law In Effect?

Bill 96, Québec's new French language law, received Royal Assent on June 1, 2022, and became law. The bill, which was adopted by the Québec National Assembly on May 24, 2022, amends the Charter of the French Language and reinforces the use of French in all areas of Québec life, including courts, education, municipalities, and birth and death certificates. While some provisions of the bill came into effect immediately, others will be implemented gradually over a period of three years. The bill has been controversial, with critics arguing that it will limit access to healthcare and justice, and increase costs and red tape for small businesses.

Bill 96 amends the Charter of the French Language

Bill 96, also known as An Act respecting French, the official and common language of Québec, amends the Charter of the French Language (also known as Bill 101). It was adopted on May 24, 2022, and sanctioned on June 1, 2022, when it became law. The Act redefines the rules governing the use of the French language within organisations operating in Quebec and brings significant changes to business practices and obligations in many areas, including labour, public posting, marketing and advertising, contracts and security.

Bill 96 introduces several changes to the requirements for contracts, particularly those of adhesion. Article 44 of the Bill amends section 55 of the Charter's requirements concerning the language of commercial contracts. Contracts of adhesion will need to be drawn up in French, and the party providing the contract may not pass on any costs incurred from drawing up the French version to the other party. Once provided in French, the parties can mutually agree to be bound by an English version, and subsequent related documents may be drawn up in English. However, there is an exception for agreements used in dealings outside of Quebec. The French language requirements for contracts of adhesion are subject to a transitional period and will come into force on June 1, 2023.

The Act also includes new requirements for trademarks and public signage. Article 42.1, which was introduced in subsequent amendments to the Bill, states that English trademarks relating to products must be registered under the federal Trademarks Act if they are to be used without an accompanying French translation. Additionally, if the English trademark includes generic or descriptive terms, these must be translated into French and visible on the product. This has implications for businesses that currently utilise common law protections for trademarks, as they will now need to register their trademarks. There is a three-year transitional period for this amendment, starting from June 1, 2022.

Bill 96 also impacts the language requirements for various documents and communications within organisations. Employers must now provide training documents, employment application forms, and written communications with staff in French. Employment contracts may still be in a language other than French if both parties request it. Additionally, any judgments rendered in English by a court of law will automatically be translated, and at the state's cost.

The Act also has implications for interactions with the government and its agencies. French-speaking staff or counsel is required when interacting with or acting as a service provider for the government, as their right to operate in languages other than French is now more limited. Written documents sent to the civil administration to enter into or regarding a contract or agreement will need to be drawn up in French, with a version in another language attached. Applications for permits or other authorisations must also be drawn up exclusively in French, and failure to do so could result in suspension or revocation of the permit or authorisation.

Overall, Bill 96 amends the Charter of the French Language by introducing new requirements and restrictions on the use of the French language within organisations operating in Quebec. These changes aim to reinforce the use of French in all areas of Quebec life, including education, municipalities, and businesses.

It received Royal Assent on June 1, 2022

Bill 96, or "An Act respecting French, the official and common language of Québec", received Royal Assent on June 1, 2022, marking its passage into law. This came after the bill was adopted by Québec's National Assembly on May 24, 2022, with a vote of 78-29. The bill underwent over a year of revisions and amendments before its final passage.

The bill's Royal Assent marked the beginning of its implementation, with some provisions taking effect immediately and others being introduced gradually over a period of three years. As such, businesses and employers in Québec had to start complying with several new requirements from June 1, 2022, including the need to provide written communications to employees in French and the obligation to advertise job offerings in French.

The bill's Royal Assent also triggered a transition period for certain provisions, such as the requirement for contracts of adhesion to be drawn up in French, which came into force on June 1, 2023, a year after the bill became law.

Bill 96 amends the Charter of the French Language, also known as Bill 101, and introduces significant changes to reinforce the use of French in all areas of Québec life, including education, courts, municipalities, and even birth and death certificates. The bill also includes two new articles in the Canadian Constitution that recognise Québec's distinctive character and the official status of the French language within the province.

It will be implemented gradually over a few years

Bill 96, Québec's new French language law, will be implemented gradually over a few years. While some provisions of the bill came into effect on June 1, 2022, the date it received Royal Assent and became law, others will be introduced over a period of three years.

The bill's gradual implementation is necessary given the sweeping changes it introduces to the daily lives of citizens, the education system, the business sector, and even birth and death certificates. For example, starting in June 2023, Quebec's new French language learning service agency, Francisation Québec, is supposed to be operational, and new free French courses will be offered to any Quebec resident looking to improve their language skills.

In the 2023-2024 academic year, the government will start applying Bill 96's enrolment cap on francophones and allophones to English CEGEPs. Francophones and allophones in the English system will have to pass a French proficiency test to graduate, taking the same exam as students in Francophone CEGEPs.

It is not until the 2024-2025 academic year that the requirement for students in English CEGEPs to take three courses in French or three more courses in French as a second language to obtain their Diplôme d'études collégiales (DEC) begins.

Businesses have until June 2025 to change their trademark commercial signs to ensure the "net predominance" of French. They will also have to incur the costs of complying with the new francization rules, which will ensure workplaces conform to Bill 96.

It will impact franchise agreements and English trademarks

Bill 96, An Act respecting French, the official and common language of Québec, became law on June 1, 2022. The bill amends the Charter of the French Language (the "Charter") and introduces significant changes regarding the use of French in commercial contracts, including franchise agreements, and the use of English trademarks.

Impact on Franchise Agreements

Bill 96's requirements regarding franchise agreements will impact businesses operating under a franchise model, where either the franchisor or franchisee is located in Québec. The bill introduces new requirements for the translation of commercial contracts, including franchise agreements. As of June 1, 2023, a party may only be asked to sign a standard contract or contract of adhesion in a language other than French if they were first presented with a French version of the contract before consenting to contract in any other language. This is a departure from the previous practice, where franchisors could prepare agreements in English only by inserting a clause stipulating that it was the express wish of the parties that the agreement be drawn up in English only. Now, unless the franchisor can establish that they offered a genuine opportunity for the franchisee to negotiate essential provisions, the agreement is likely to be deemed a contract of adhesion, and the translation requirements of Section 55 of the Charter will apply. This means that franchisors will need to translate their franchise agreements into French and may then mutually agree with the franchisee to be bound by an English version.

Additionally, any translation fees must be paid by the author of the contract and cannot be charged to the franchisee. This rule also applies to many consumer contracts, where the franchisee or franchisor provides services to consumers. In the case of non-compliance with these rules, the signatory can demand that the contract be voided without proof of prejudice or seek damages even if the contract is maintained.

Impact on English Trademarks

Bill 96 also introduces changes to the use of English trademarks in Québec. As of June 1, 2025, brands and trademark owners will be subject to additional restrictions on the use of English and will have obligations regarding the use of French in many aspects of doing business in Québec, including trademarks. English trademarks relating to products must be registered under the federal Trademarks Act if the trademark is to be used without an accompanying French translation. If the English trademark includes generic or descriptive terms, these must be translated into French and visible on the product. This means that any businesses that previously relied on common law protections for trademarks must now register their trademarks.

Public signs, posters, and commercial advertising in Québec may contain recognized non-French trademarks without a corresponding French version, only if there is no registered French version of the trademark. Where public signs and posters are visible from outside premises, French must be "markedly predominant," even when a non-French trademark is used. This means that a French trademark, slogan, or description will need to be displayed with much greater visual impact than the non-French trademark.

Overall, Bill 96 will have a significant impact on franchise agreements and the use of English trademarks in Québec, with businesses needing to make changes to ensure compliance with the new law.

It will affect businesses and employers

Bill 96, which amends the Charter of the French Language in Quebec, Canada, will have a significant impact on businesses and employers. The bill, which was passed on May 24, 2022, and received Royal Assent on June 1, 2022, aims to reinforce the use of French in all areas of Quebec life, including the business sector. Here are some ways in which it will affect businesses and employers:

Changes to Contracts and Agreements:

Businesses will need to make changes to their contracts and agreements with customers, suppliers, and employees. This includes having to provide French versions of adhesion contracts, such as franchise agreements, and ensuring that any English version is mutually agreed upon by both parties. Employers will also have to provide various employment-related documents in French, including offers of employment, transfer, or promotion, and individual employment agreements.

Trademark and Public Signage:

Businesses will need to reassess the use of non-French trademarks on product packaging, labelling, and public signage. English trademarks relating to products must now be registered under the federal Trademarks Act if they are to be used without a French translation. Additionally, if the English trademark includes generic or descriptive terms, these must be translated into French and visible on the product.

Requirements for Serving Customers:

Businesses will have to ensure that customers are informed and served in French. This includes both consumer and business-to-business customers and applies to areas such as customer service, support, commercial publications, and websites. Businesses with fewer than five employees are exempt from this requirement.

Interactions with the Government:

Businesses that supply products or services to the Quebec government will need to comply with new requirements. Contracts with the civil administration must be "exclusively" in French, and any written documents submitted to a government agency for permits, subsidies, or other authorizations must also be in French. Additionally, businesses will have to interact and communicate with the government in French, including when providing customer service and support.

Employment-Related Changes:

Employers will face restrictions on requiring knowledge of a language other than French when hiring or promoting employees. They will also need to post job offerings in French and ensure that they reach a comparable target audience. It will be more difficult for employers to require proficiency in English as a language of employment, and they will have to use more French in employment-related documents.

Francization Requirements:

Businesses with 25 or more employees will now be subject to francization requirements, which include the need to establish a francization committee and analyze the linguistic situation of the company. This is a change from the previous threshold of 50 employees.

Compliance and Penalties:

The Office québécois de la langue française (OQLF), the regulatory body responsible for enforcing the Charter, will have broader powers to conduct investigations and enforce compliance. Non-compliant businesses will face stricter penalties, including increased fines, suspension or revocation of permits, and the removal or destruction of non-compliant signage.

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