Bulletin: Quebec’s Bill 96
Bill 96, or Quebec’s An Act Respecting French came into force in June 2022. It significantly amends the Charter of the French Language (Bill 101).
Bill 96 requires that most government services, except for health care, must be provided in French. Two categories of people will still be entitled to receive service in English or other languages: people who received primary and secondary education in English, and immigrants who have been in Quebec for less than six months. Bill 96, and its predecessor Bill 101, affect, among other things, businesses operating or having employees in Quebec.
To whom does Bill 96 apply?
Bill 96 reduces the threshold at which businesses become obliged to undergo a “francization program.” Whereas before the law applied to Quebec businesses with 50 or more employees, it now applies to businesses with 25 or more employees. Special attention should be given to this because companies that were not previously within the scope of Bill 101 will now be in the scope of Bill 96.
What are the important new requirements for businesses?
Bill 96 requires companies to prioritize the French language when providing an offer, promotion or contract to prospective employees. To provide an English version, the employee must explicitly request it and both the employee and employer must agree to the request.
In addition, all written communications with employees must be in French. Prior to Bill 96, written communication could have been in either English or French. However, if the employee requests communication in a language other than French, then the employer can provide written communication in the language of choice.
Conferences and events
The current law does not include specific changes to non-work-related events and conferences. The bill proposes several changes only with respect to French as the language of work. In a non-work context, organizations do not need to provide material in both languages, nor do they need to have interpreters during events and conferences held in English.
Employment
Events organized by employers must provide their content in French or ensure the right of employees to undertake their activities in French. In organizing events, this may include the use of simultaneous interpretation, subtitles and documentation in French.
Bill 96 obliges employers to respect the right of workers to carry out their activities in French. Employees have the right to a work environment that is discrimination- and harassment-free as it relates to the use of French or the exercise of rights arising from Bill 101. Employers must take reasonable steps to avoid imposing a language requirement other than French in order to obtain or retain a position.
Education
Educational and professional development programs provided by private institutions not accredited by the Ministry of Higher Education, Research, Science and Technology are not within the scope of the regulations pertaining to institutions designated as English-language institutions.
Contracts
Parties may still choose to enter an English-only version of an adhesion contract but only if they have first had the opportunity to examine a French version of the contract. If the parties then choose to enter the contract exclusively in English, the related documents may also be exclusively in English.
More reading:
• Bill 96, An Act respecting French, the official and common language of Québec
• Quebec businesses ramp up opposition to Bill 96 ahead of provincial election
• Setback for Quebec’s new language law as judge suspends 2 articles of Bill 96
• Now that Quebec’s new language law has been adopted, many wonder how it will be enforced
