Premier Legault recently introduced Law 96 in the legislative assembly, which brings stringent new rules to the already existing French language law 101. The legislation was introduced in response to studies indicating French is on the decline in Quebec, especially in the region of Montreal. To protect the French language, Legault is also planning to invoke the notwithstanding clause, to give him the power to change the Canadian constitution by reaffirming Quebec as a distinct nation with French as its only official language. This is not the first time that Premier Legault has invoked this clause. It was last invoked In 2019, when he introduced the province’s controversial religious symbols law.
While the Premier says he’s not against the anglophone community, the legislation was a shock to many communities in the province. In response, the CAQ government maintains that it has always been transparent about its intentions to toughen the French language law, as indicated in its 2018 election campaign promises.
So what does this mean for businesses?
- Bill 96 would essentially make French the only language needed to work in the province. There are exceptions of course, but companies might need to explain why their employees need to be able to speak English. Jobs that require people to interact with clients or suppliers overseas, will be allowed to hire employees that master languages other than French.
- The proposed legislation would also lead to an enhanced complaint system as well as the creation of a French Language Ministry and the role of a French Language commissioner. The commissioner would have the powers to investigate complaints from employees, and the public in general.
- Small to medium businesses would also be required to make French text predominant on all commercial signage that includes non-French-language trademarks. As an example, a trademarked name like Canadian Tire — would need to have the words “Centre d’auto” prominently displayed on its signs.
- Francization will also be imposed on small businesses with over 25 employees (Bill 101 previously only applied to those with over 49 employees) and on federally chartered businesses, which will be required to offer services and documentation in French, and to communicate in French internally. Failure to comply with the laws could result in the suspension of revocation of permits.
Political implications of the bill
While most major political parties in Quebec support this bill in principle, they will likely each want to propose amendments. The Quebec Community Groups Network has already signaled that it will lobby the government to provide assurances that some of the proposed constitutional changes are deemed merely declaratory and will not affect interpretation of rights and will have very little legal significance.
The federal government is also being asked to weigh-in on Quebec’s ability or not to change sections of the constitution. Trudeau has already hinted that Quebec is well within its right to change some of the sections of the constitution, but he will work with Legault to make sure that all minority linguistic groups are protected. Given that a federal election is likely on the horizon, Trudeau and the Liberals will need to show their support for the new law if they wish to pick up more seats in Quebec. The Conservatives will also follow suit and back Legault in order to be seen as a credible and viable option for Quebecers in the next election.
What happens next?
Premier Legault said in a press conference that he’s not planning to ‘bulldoze’ through this piece of legislation. He’s proposing broad public consultations, which indicates that this government is in no hurry to pass its bill. In fact, the consultations are scheduled to start in the Fall of 2021 and could stretch for several months before it becomes law.
The government also says that a three-year grace period will allow for a smooth transition, adding that the Office québécois de la langue française will receive “the necessary means” to provide the support employers require.
