Parlez-Vous Francais? Recent amendments to Quebec’s Charter of the French Language may impact Atlantic Canadian businesses

Effective Date	Area Impacted	Summary of Change
June 1, 2022	Employment (employee language proficiency)	Employers in Quebec cannot require existing or future employees to have proficiency in any language other than French in order to acquire or maintain a job. This includes recruitment, hiring, transfer, and promotion processes. If a certain role requires knowledge of a non-French language, employers must demonstrate its necessity and that they did everything possible to avoid imposing this requirement.
June 1, 2022	Employment (employment contracts)	Employment-related documents (e.g., transfer offers, promotion paperwork, employment agreements, applications, training documents) provided by employers in Quebec must be in French. This includes communications with former employees, individual workers, all or part of the staff, and workers’ associations. Employment contracts will also become subject to the new general contract requirements discussed below.
June 1, 2022	Employment (job postings)	If an employer wishes to post a job posting in English, it must simultaneously post a French posting, using the same means of transmission, and reaching a target audience of comparable size.
June 1, 2022	Real property (purchase and exchange agreements)	Certain contracts for the sale or exchange of residential properties must now be drafted in French. Generally, agreements for the sale or exchange of residential property consisting of less than five dwellings must be drafted in French unless it is the express wish of the parties that they be drawn up in another language (may be stated in an explicit clause). This rule also applies to the related documents of the agreement.
June 1, 2022	Language of service	Businesses which offer goods and/or services in Quebec must inform and serve both their consumer and business clients in French. Violation of this obligation is an offence punishable by fines. Prior to these amendments, only consumers had the right to be informed and served in French. This protection has expanded to include commercial clients/customers as well.
June 1, 2022	Advertising & Publication	All advertising and publications intended for the public may only be available in English if the French version is available on equally, if not more favourable terms. This requirement applies regardless of the medium used, including catalogues, brochures, folders, commercial directories, order forms and any other documents of the same nature that are available to the public.
June 1, 2022	Packaging & Labelling	The Charter now requires that if an English translation exists or is provided for an inscription on a product, a menu, or a wine list, it must not be more prominent or be available “on more favourable terms” than the French version. Similarly, for invoices and receipts, the French terms must be “at least as favourable” as those in the English version.
June 1, 2022	Enforcement	The Office Québécois de la langue française (the Quebec Board of the French Language, “OQLF“) is the governmental agency in charge of enforcing the Province’s language requirements. OQLF’s powers to investigate have been expanded, allowing them to enter any location at any reasonable time, take pictures of locations and objections where inspections are being conducted, and access data relevant to the enforcement of the Charter. Additionally, the OQLF may apply to the Quebec Court for an injunction in relation to compliance with the Charter.
June 1, 2022	Sanctions & Penalties	Fines for noncompliance with the Charter requirements can range from $3,000 to $30,000 for a business and from $700 to $7,000 for an individual. Fines will double for a second offense and triple for ensuing offenses. Non-compliant signs or advertising can be removed at the owner’s expense. Additionally, if noncompliance with the Charter extends for more than one day, each day of the offence constitutes a separate offence. The Minister of the French Language may also suspend or revoke a permit or authorization granted by the Quebec government if the permit or authorization holder repeatedly contravenes the Charter.
Sept. 1, 2022	Security Registration	All applications for registration of a security interest (such as hypothecs in the Land Register or in the Register of Personal and Movable Real Rights) must be drafted exclusively in French. All associated documents must also be in French or accompanied by a certified translation. Further, all amendments to existing registrations must also be submitted in French.

Effective Date

Area Impacted

Summary of Change

June 1, 2022

Employment (employee language proficiency)

Employers in Quebec cannot require existing or future employees to have proficiency in any language other than French in order to acquire or maintain a job. This includes recruitment, hiring, transfer, and promotion processes. If a certain role requires knowledge of a non-French language, employers must demonstrate its necessity and that they did everything possible to avoid imposing this requirement.

June 1, 2022

Employment (employment contracts)

Employment-related documents (e.g., transfer offers, promotion paperwork, employment agreements, applications, training documents) provided by employers in Quebec must be in French. This includes communications with former employees, individual workers, all or part of the staff, and workers’ associations.

Employment contracts will also become subject to the new general contract requirements discussed below.

June 1, 2022

Employment
(job postings)

If an employer wishes to post a job posting in English, it must simultaneously post a French posting, using the same means of transmission, and reaching a target audience of comparable size.

June 1, 2022

Real property (purchase and exchange agreements)

Certain contracts for the sale or exchange of residential properties must now be drafted in French. Generally, agreements for the sale or exchange of residential property consisting of less than five dwellings must be drafted in French unless it is the express wish of the parties that they be drawn up in another language (may be stated in an explicit clause). This rule also applies to the related documents of the agreement.

June 1, 2022

Language of service

Businesses which offer goods and/or services in Quebec must inform and serve both their consumer and business clients in French. Violation of this obligation is an offence punishable by fines.

Prior to these amendments, only consumers had the right to be informed and served in French. This protection has expanded to include commercial clients/customers as well.

June 1, 2022

Advertising & Publication

All advertising and publications intended for the public may only be available in English if the French version is available on equally, if not more favourable terms. This requirement applies regardless of the medium used, including catalogues, brochures, folders, commercial directories, order forms and any other documents of the same nature that are available to the public.

June 1, 2022

Packaging & Labelling

The Charter now requires that if an English translation exists or is provided for an inscription on a product, a menu, or a wine list, it must not be more prominent or be available “on more favourable terms” than the French version. Similarly, for invoices and receipts, the French terms must be “at least as favourable” as those in the English version.

June 1, 2022

Enforcement

The Office Québécois de la langue française (the Quebec Board of the French Language, “OQLF“) is the governmental agency in charge of enforcing the Province’s language requirements. OQLF’s powers to investigate have been expanded, allowing them to enter any location at any reasonable time, take pictures of locations and objections where inspections are being conducted, and access data relevant to the enforcement of the Charter.

Additionally, the OQLF may apply to the Quebec Court for an injunction in relation to compliance with the Charter.

June 1, 2022

Sanctions & Penalties

Fines for noncompliance with the Charter requirements can range from $3,000 to $30,000 for a business and from $700 to $7,000 for an individual. Fines will double for a second offense and triple for ensuing offenses. Non-compliant signs or advertising can be removed at the owner’s expense.

Additionally, if noncompliance with the Charter extends for more than one day, each day of the offence constitutes a separate offence.

The Minister of the French Language may also suspend or revoke a permit or authorization granted by the Quebec government if the permit or authorization holder repeatedly contravenes the Charter.

Sept. 1, 2022

Security Registration

All applications for registration of a security interest (such as hypothecs in the Land Register or in the Register of Personal and Movable Real Rights) must be drafted exclusively in French. All associated documents must also be in French or accompanied by a certified translation.

Further, all amendments to existing registrations must also be submitted in French.

Effective Date	Area Impacted	Summary of Change
June 1, 2023	Contracts	Businesses will be required to present a French version of any non-negotiable or consumer contract. The parties may then decide to contract in English, but only after the non-drafting party or consumer has had the opportunity to review the French version. If the parties decide to contract in English, the related documents may also be English. There are several types of common business contracts which are exempted from the above rule, including: loan contracts, clearing house contracts, contracts entered into on a platform for trading derivatives or securities, some insurance policies with no French-language equivalent in Quebec, and civil administration contracts “used in relations outside Quebec”.
June 1, 2025	Trademarks (packaging, labelling & advertising)	Currently, an English recognized trademark may be used exclusively in English, so long as there is no French version that has been registered. Historically, a “recognized” trademark has been interpreted to be either a trademark registered under the federal Trademarks Act or a trademark recognized at common law. Effective June 1, 2025, only trademarks that are registered under the Trademarks Act may benefit from the French trademark exemption. Therefore, non-registered trademarks will need to be translated to French on packaging, labelling, advertisements, public signage, posters, etc. Currently, for public signage and signage visible from outside, an English-only recognized trademark must be accompanied by a “sufficient presence” of French. Effective June 1, 2025, French will need to be “markedly predominant” if there is an English-only trademark on a public sign, or if the advertising has the enterprise’s name and includes an expression in a language other than French.

Effective Date

Area Impacted

Summary of Change

June 1, 2023

Contracts

Businesses will be required to present a French version of any non-negotiable or consumer contract. The parties may then decide to contract in English, but only after the non-drafting party or consumer has had the opportunity to review the French version. If the parties decide to contract in English, the related documents may also be English.

There are several types of common business contracts which are exempted from the above rule, including: loan contracts, clearing house contracts, contracts entered into on a platform for trading derivatives or securities, some insurance policies with no French-language equivalent in Quebec, and civil administration contracts “used in relations outside Quebec”.

June 1, 2025

Trademarks
(packaging, labelling & advertising)

Currently, an English recognized trademark may be used exclusively in English, so long as there is no French version that has been registered. Historically, a “recognized” trademark has been interpreted to be either a trademark registered under the federal Trademarks Act or a trademark recognized at common law.

Effective June 1, 2025, only trademarks that are registered under the Trademarks Act may benefit from the French trademark exemption. Therefore, non-registered trademarks will need to be translated to French on packaging, labelling, advertisements, public signage, posters, etc.

Currently, for public signage and signage visible from outside, an English-only recognized trademark must be accompanied by a “sufficient presence” of French. Effective June 1, 2025, French will need to be “markedly predominant” if there is an English-only trademark on a public sign, or if the advertising has the enterprise’s name and includes an expression in a language other than French.

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