- What is Bill 96?
- What is the purpose of Bill 96?
- When will Bill 96 be passed?
- When will Bill 96 take effect?
- How does Bill 96 impact employers?
- What does Bill 96 mean for businesses?
- How LingualNeeds Business can help
- Frequently Asked Questions
- What is Bill 96?
- What is the purpose of Bill 96?
- When did Bill 96 receive royal assent?
- How does Bill 96 affect employers in Quebec?
- What are the penalties for noncompliance with Bill 96?
Language rights have sparked heated debates in Quebec for decades. A significant milestone in this ongoing discussion occurred over 40 years ago when the Quebec government enacted Bill 101, known as the Charter of the French Language, in 1977. This law aimed to promote and protect the French language within the province, shaping the linguistic landscape of Quebec ever since.
This Quebec language law seeks to designate French as the official language of the province in everyday settings, including government offices, schools, courthouses, and businesses, by implementing a range of linguistic requirements.
Recently, the Quebec government enacted Bill 96, also known as An Act respecting French, which reinforces French as the province’s official and common language. This new legislation introduces significant updates to the existing Charter, aiming to enhance the prominence of the French language in Quebec.
Uncover the potential effects of Quebec Bill 96 on your business by reading on. This guide will explain what the bill entails, its effective date, the key changes that could influence your organization, and strategies for navigating its implications.
What is Bill 96?
Bill 96 is a significant language legislation in Quebec that brings substantial changes to the existing Bill 101. This new bill not only updates several sections but also introduces additional clauses to existing amendments. Furthermore, it modifies the wording of various regulations in the Charter, impacting the use of the French language across multiple areas, including business, education, publications, commerce, marketing, and the judicial system.
The recent updates to Quebec’s language laws aim to clearly outline the linguistic obligations for various groups, including citizens, students, customers, workers, employers, businesses, and government officials residing, working, or studying in the province.
What is the purpose of Bill 96?
Bill 96 aims to enhance and solidify the use of French in Quebec by building upon the linguistic requirements set forth in Bill 101. As Mr. Simon Jolin-Barrette, the bill’s proponent, stated, “Bill 96 is designed to promote and safeguard the French language.”
By implementing these new changes, supporters hope to more formally and consistently recognize French as Quebec’s only official language.
When will Bill 96 be passed?
Bill 96 received royal assent and passed into law on June 1, 2022. It is the most recent Quebec French language law.
When will Bill 96 take effect?
As of June 1, 2022, the date when Bill 96 received official approval, a number of its new requirements have already come into force.
Certain amendments will take effect at varying intervals following the date of assent. Specifically, some will be implemented three months later on September 1, 2022; others will follow six months later on December 1, 2022; one year later on June 1, 2023; two years later on June 1, 2024; and finally, three years later on June 1, 2025.
In the following section, we present a comprehensive list of new regulations introduced by Bill 96 that are expected to significantly affect businesses. You’ll also find the effective dates for each regulation, ensuring you stay informed and prepared.
How does Bill 96 impact employers?
Bill 96 has already begun to and will continue to affect the way business is done in Quebec.
To facilitate the understanding and management of these changes, the table below outlines the key new requirements that may affect employers operating in or engaging with Quebec.
It is broken down by regulation and effective date, and it provides the section of Bill 96 that corresponds to the rule listed.
| In effect: June 1, 2022 | |
|
Customer service Section 41 & 114 of Bill 96 |
Both consumers and business clients in Quebec have the right to be informed and served in French by the enterprise they do business with. This includes websites, brochures, catalogs, pamphlets, call centers, etc.
In Quebec, both companies and customers who feel their right to service in French has been overlooked can file an injunction to request French language service. However, this right does not apply to businesses with fewer than five employees. |
|
Employment documents Section 29 of Bill 96 |
Employment-related documents (e.g., transfer offers, promotion paperwork, employment agreements, applications, training documents) provided by Quebec employers must be in French. This includes communications with former employees, individual workers, all or part of the staff, and workers’ associations. |
|
Job postings Section 30 of Bill 96 |
Employers who post job opportunities in Quebec in languages other than French must simultaneously post the offer in French through the same communication channel to a similarly-sized target audience. |
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Employee language proficiency Section 36 of Bill 96 |
In Quebec, employers are prohibited from mandating that current or prospective employees demonstrate proficiency in any language other than French for job acquisition or retention. This rule applies to all aspects of employment, including recruitment, hiring, transfers, and promotions. Employers must justify the need for proficiency in a non-French language for specific roles, demonstrating that this requirement is essential and that they have taken all possible steps to minimize it. |
|
Inscriptions: packaging & labeling Section 42 of Bill 96 |
Inscriptions on products, such as labels, instructions, and warranties, must be written in French or businesses must provide a French version alongside the non-French text. If a non-French language is used on an inscription, it cannot be more prominent or available on more favorable terms than the French version. |
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Expanded authority of OQLF Section 111 & 112 of Bill 96 |
The Quebec Board of the French Language (OQLF) is the government body responsible for implementing and enforcing the new language requirements set forth by Bill 96. This agency now has the authority to:
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Noncompliance penalties Section 114 of Bill 96 |
Businesses that fail to comply with the requirements of Bill 96 can face fines between $3,000 and $30,000. For a second violation, the penalty doubles, and it triples for any further offenses. Moreover, if noncompliance continues beyond a single day, each additional day counts as a separate violation, leading to accumulating penalties. Failing to comply with regulations can lead to serious repercussions, including the suspension or revocation of permits or certificates issued by the Quebec government. The Quebec court has the authority to order the removal or destruction of outdoor commercial advertising—such as posters, signs, and billboards—that fails to meet the standards set by Bill 96 regarding public signage. The costs for these actions will be borne by the businesses involved. |
| In effect: September 1, 2022 | |
| Court pleadings
Section 5 of Bill 96 |
Pleadings that businesses file in a Quebec court must be written in French or be accompanied by a certified French translation, which must be paid for by the person filing the petition. Bill 96 states that a “certified translator” is a member of the Quebec Order of Certified Translators, Terminologists and Interprets (OTTIAQ).
This requirement is enforced even if all parties want to proceed in English. |
| Property rights & protection
Section 125 & 126 of Bill 96 |
All applications for registration of rights on movable (e.g., automobiles) property at the Register of Personal and Movable Real Rights (RPMRR) and immovable (e.g., buildings) property at the Land Registry Office in Quebec must be submitted in French.
All documents submitted with these applications must be in French or include a certified translation, as mentioned earlier. This requirement also applies to any amendments to existing registrations that were originally filed in English prior to September 1, 2022. |
| In effect: June 1, 2023 | |
| Contracts: businesses
Section 44 & 114 of Bill 96 |
Adhesion contracts and other related documents must first be written and provided in French. Some examples include insurance contracts, leases, employment contracts, collective agreements, and co-ownership declarations.
A signing party can only request a translation of the contract into another language after receiving a French version of the agreement. Once this condition is met, they are obligated to the non-French contract, allowing related documents to be drafted solely in their preferred language. Any contracts that do not adhere to these guidelines will be considered null and void. There are few exceptions to this rule, such as loan contracts, financial instruments, and contracts from extra-provincial relations. |
| Contracts: government
Section 14 & 114 of Bill 96 |
With few exceptions, Quebec government contracts must be drawn up exclusively in French or they can be rendered null and void regardless of whether damages were sustained due to the violation. |
| Written documents: Government
Section 14 of Bill 96 |
Written documents submitted from a business or person to Quebec government agencies with regard to permits, authorizations, subsidies, financial assistance, or otherwise must be written exclusively in French. |
| Providing products & services: Government
Section 14 of Bill 96 |
Products purchased under a supply contract by the Quebec government must follow new product packaging and labeling rules (outlined below).
Government agencies in Quebec are required to provide services for their officials exclusively in French. However, when it comes to services aimed at the general public, offerings can be made in multiple languages beyond French. Bill 96 includes specific exceptions for instances where French-labeled products or French-based services are unavailable in a timely manner. |
| In effect: June 1, 2025 | |
| Trademarks: Packaging & labeling
Section 47 & 48 of Bill 96 |
All trademarks on product packaging and labeling in Quebec must be translated to French, including common law trademarks and pending and unregistered trademarks. However, trademarks registered under the federal Trademarks Act are exempt from this rule, given no French version of it has been registered.
For registered trademarks that feature non-French terms or product descriptions, it’s essential to ensure that these elements are also presented in French on the product itself or through a permanent medium accessible to French speakers. |
| Trademarks: Public signage
Section 47 & 48 of Bill 96 |
All trademarks on public signs and in commercial advertising in Quebec must be translated to French, including common law trademarks and pending and unregistered trademarks. However, trademarks registered under the federal Trademarks Act are exempt from this rule, given no French version of it has been registered.
In Quebec, when promoting products or services in outdoor spaces, it’s essential that any French text accompanying a non-French registered trademark is “markedly predominant.” This means the French text should be at least twice the size of the trademark itself, ensuring it stands out clearly for local audiences. |
| Francization
Section 76-94 of Bill 96 |
Businesses in Quebec with 25 or more employees must formally register with the OQLF and comply with the Francization requirement, meaning French must be the company’s predominant language. This includes internal and external communications, technology tools, work documents, internal networks, and software.
After registering with the OQLF, businesses have a three-month window to assess their language practices. If they successfully meet the evaluation criteria, they receive a certificate and are required to submit a progress report on their francization efforts every three years. Conversely, companies found to be non-compliant are required to develop and submit a francization program to the OQLF within three months. They must also provide annual reports on the program’s progress and keep employees informed about its implementation. Additionally, the OQLF will publicly disclose a list of organizations that have had their certificates of registration or francization denied, suspended, or revoked. Organizations with over 100 employees are mandated to establish a francization committee and must consult the Office québécois de la langue française (OQLF) regarding the election process for committee members. Additionally, the OQLF has the authority to require companies with 25 to 99 employees to create a francization committee if they find it necessary. Committee meetings are required to occur a minimum of twice a year. During these gatherings, minutes should be recorded and shared with all members to ensure transparency. Additionally, a complete list of committee members must be distributed to all employees within the company. |
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What does Bill 96 mean for businesses?
With the new provisions introduced by Bill 96, organizations face a significant task ahead to ensure they meet all the updated compliance requirements.
Companies must prioritize serving their Quebec customers and business clients in French, ensuring that workplace communication is primarily conducted in the language. Additionally, they are required to provide written documents in French when necessary.
Failing to comply with regulations can have serious repercussions for your company. Not only could you face hefty fines that impact your financial health, but you also risk damaging your organization’s reputation if you lose essential certificates and permits.
Conducting business in or with Quebec without a skilled French-speaking team can be both costly and risky. Proficiency in French is essential for effective communication and navigating the local market, making it crucial for success.
How LingualNeeds Business can help
If you’re part of a company looking to enter the Quebec market or already operating in the region, you may find the new regulations introduced by Bill 96 to be quite challenging. Understanding these requirements is crucial for successful compliance and growth in this vibrant market.
Equipped with this valuable knowledge, you and your team can systematically address the challenges that lie ahead, positioning yourselves for success in your business endeavors in Quebec.
A great way to kick off your francization efforts is by enrolling your staff in the francization for businesses program offered by LingualNeeds Business. This innovative online platform connects your team with expert French language tutors, providing personalized, one-on-one lessons that cater to their specific learning needs.
Tutors tailor learning plans to align with individual student goals, enabling your employees to gain targeted skills. For instance, they can focus on mastering the translation of contracts into French or developing effective customer support communication in the language.
If your company is eager to thrive in the Quebec market, consider enrolling your team in one of LingualNeeds’ business language learning programs. Our offerings provide a flexible, personalized, and affordable way to meet the language requirements of Bill 96, all while ensuring you have the support and tracking needed for success.
Frequently Asked Questions
What is Bill 96?
Bill 96 is a significant language legislation in Quebec that updates and reinforces the existing Bill 101, introducing new requirements for the use of French across various sectors.
What is the purpose of Bill 96?
The purpose of Bill 96 is to enhance and solidify the use of French in Quebec, promoting it as the province’s only official language.
When did Bill 96 receive royal assent?
Bill 96 received royal assent and passed into law on June 1, 2022.
How does Bill 96 affect employers in Quebec?
Bill 96 impacts employers by enforcing requirements such as providing services and documents in French, as well as prohibiting job postings in languages other than French without simultaneous French postings.
What are the penalties for noncompliance with Bill 96?
Businesses that fail to comply with Bill 96 can face fines ranging from $3,000 to $30,000, with penalties increasing for repeat violations and additional consequences for continued noncompliance.
