BILL 96 | AN ACT RESPECTING FRENCH, THE OFFICIAL AND COMMON LANGUAGE OF QUÉBEC [en]

Introduction

Bill 96, An Act respecting French, the official and common language of Québec (the “Act”) was adopted on May 24, 2022. It amends Québec’s Charter of the French Language (the “Charter”).

The Regulation to amend mainly the Regulation respecting the language of Business and Commerce (the “Regulation”) was adopted in connection with the Act. It was published in final form on June 26, 2024 and entered into force on July 11, 2024.

We identified 10 points under the Act and Regulation worth noting if you carry on business in Québec. Here is our “What You Should Know” list with these points.

Product labelling, packaging and wrapping

>> WHAT YOU SHOULD KNOW #1

Every inscription on a product, its container or its wrapping, or on a document or object supplied with it, including the directions for use and the warranty certificates, must be in French. This includes menus and wine lists.

>> WHAT YOU SHOULD KNOW #2

The French inscription may be accompanied by a translation, but the inscription in another language cannot be given greater prominence than that in French, nor be available on more favourable terms.

>> WHAT YOU SHOULD KNOW #3

Where there is no French version, (i) registered trademarks, and (ii) trademarks in use in Canada may be in a language other than French on a product, its container, wrapping, or document or object supplied with it.

>> WHAT YOU SHOULD KNOW #4

Generic terms (e.g. lip balm, mineral water, facial tissue) or product descriptions (e.g. dishwasher safe, doctor recommended, complete care, all-day protection) that are part of a trademark, meaning the trademark per se includes such generic wording or product descriptions, are to be in French, notwithstanding that the mark itself is in a language other than French.

Public signs, posters and commercial advertising

>> WHAT YOU SHOULD KNOW #5

Public signs, posters and commercial advertising may be French and another language provided that French is markedly predominant.

>> WHAT YOU SHOULD KNOW #6

To be markedly predominant, the French text must have a much greater visual impact than the text in the other language.

>> WHAT YOU SHOULD KNOW #7

The French text is considered to have a much greater visual impact than the text in the other language when the following conditions are met in the same visual field:(1) the space allotted to the French text is at least twice as large as the space allotted to the text in the other language, and (2) the legibility and permanent visibility of the French text are at least equivalent to those of the text in another language.

>> WHAT YOU SHOULD KNOW #8

Where there is no French version, (i) registered trademarks, and (ii) trademarks in use in Canada may be in a language other than French on public signs, posters and in commercial advertising.

>> WHAT YOU SHOULD KNOW #9

Where a trademark appears in a language other than French on public signs and posters visible from outside premises, the other wording appearing in French must be markedly predominant – See What You Should Know #6 and #7.

Other rules and exceptions

>> WHAT YOU SHOULD KNOW #10

There are rules for catalogs, brochures, commercial directories, and other similar publications, for products originating from outside Québec, for computer software, for certain toys and games, and more. We are happy to discuss this further with you.

If you have questions, or would like additional information, please contact Beth Trister: btrister@dgchait.com