Quebec, Canada’s francophone province, is attracting business owners and startupers with its multicultural setting and dynamic economy, which accounts for about 20% of Canada’s GDP. As such, it is a critical element of any international growth strategy targeting the Canadian market.
However, when considering doing business in la Belle Province, people must adhere to the requirements of the Charter of the French language (thereafter “the Charter”).
For more information about the Canadian market for entrepreneurs and startups, please see our guide for doing business in Canada.
What is the Charter of the French language ?
Official bilingualism in Canada is both a linguistic reality and a federal public policy enshrining English and French as the official languages of Canada.
Also known as Bill 101, the Charter was adopted in 1977 to protect the status of the French language in Quebec, as well as its unique culture. It declared French as its sole official language, after decades of concern over the decline of Molière’s language in the province, giving it a unique status in the country.
This important piece of legislation had consequences in many spheres : work, education, instructions, services, federal policy… For example, since its adoption, the education of children, with few exceptions, must be in a school taught primarily in French. It also became the language of government, courts and business within the Quebec borders.
What does it mean for companies in the French region of Canada ?
The Charter has important impacts for businesses doing or looking to do business in Quebec’s province.
In the first place, the name of the company must be in French. Public signs, posters and commercial advertising can be both in another language and in French if the latter is markedly predominant.
Instructions about labelling, packaging and Quebec’s market
When it comes to labelling, there are also specific requirements in the province. In theory, when doing business in Canada as a whole, the mandatory information on products’ labels, such as the product identity, the produce quantity, the dealer’s name and principal place of business, must already be bilingual, in both French and English, the country’s two official languages.
However, in Quebec, the policy is that everything written on a product, packaging, container, leaflet, brochure or card must be in French.
Furthermore, if there are other languages on the label, French must have a “greater prominence”. Toys and games which require the use of a non-French vocabulary for their operation are prohibited on the Quebec market, unless a francophone version is available.
How business is conducted in French regions of Canada ?
Moreover, labor relations must be conducted in the official language of the province, which means that employers should draw up their written communications to employees in French, as well as their offers of employment or promotion.
An English advertisement can, however, be simultaneously published. Collective bargaining agreements, schedules to employment agreements, arbitration, negotiations and renewals or reviews of collective bargaining agreements and grievances must be conducted in French, and an employer cannot dismiss, lay off, demote or transfer employees because their mother tongue is French, and they only speak this language. Furthermore, they cannot be hired because of their knowledge of another language unless the nature of the employee’s duties requires it.
Businesses that employ 50 or more employees within the province during at least six months must register with the Office Québécois de la langue française (OQLF) and undergo an analysis of their linguistic situation.
In other words, the company will have to describe in detail the use of French in the workplace and will either receive a francization certificate or be under the obligation to implement a francization program to generalize the use of French in the workplace.
If a hundred or more employees are employed in Quebec by a company, a francization committee must be set up. Its aim is to reinforce the usage of French as the language of the workplace, and members of the committee work closely with OQLF advisors and submit periodical reports to the OQLF.
The reinforcement of the French language policy
It is to be noted that Quebec’s government recently proposed changes to the Charter through Bill 96, An Act Respecting French, the Official and Common Language of Quebec, which aims to increase the use of French in the workplace and in the public place. In addition to proposing the modification the Canadian Constitution to declare that “Quebecers form a nation” and that “French shall be the only official [and] common language of the Quebec nation”, Bill 96 urges the implementation of a mechanism allowing citizens who don’t get served in French in a commerce in Quebec to file complaints.
Furthermore, the bill proposes to extend the regulations of the Charter enforcing the usage of French to businesses with 25 and more employees. This means, inter alia, that such businesses will also be under the obligation to undergo an analysis of their linguistic situation in order to obtain a francization certificate, or implement a francization program.
Quebec is the largest province in Canada and home to 25% of the country’s population. Any company looking to do business in the whole of Canada must be aware of the rights and specificities of the provinces and the Quebec market and integrate those specificities into its international growth strategy.
Because the Law Office of S. Grynwajc is licensed to do business in both the U.S. territories and the province of Quebec, it is uniquely positioned to assist U.S. companies in their development plans in Quebec and the rest of the Canadian market. If you’re looking to address the Canadian market and want a law firm that can help you in Canada but also understands and can advise you on the differences between U.S. and Canadian law, look no further and contact us!
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This article was written in collaboration with Irina Gueorguiev