Understanding Bill 96: A guide for businesses operating in Quebec, Canada

Introduction

Bill 96, also known as An Act respecting French, the official and common language of Québec, is a landmark legislation passed in the Canadian province of Québec in 2022. This comprehensive law aims to strengthen the status and use of the French language across various sectors, including business, education, and public services. As a business operating in or serving the Québec market, it’s crucial to understand the implications of Bill 96 and how to ensure compliance. Companies that fail to comply will begin incurring fines in June 2025.

Overview of Bill 96

Bill 96 was enacted to preserve and promote the French language in Québec, Canada’s only predominantly French-speaking province. The key objectives of the bill include:

1. Reinforcing French as the official and common language: Bill 96 solidifies French as the primary language for all government and public services and the primary language of communication in the workplace and for businesses operating in Québec.
2. Expanding language requirements: The bill extends the requirements for using French in product labeling, commercial contracts, and public signage.
3. Enhancing language rights and enforcement: Bill 96 introduces stronger enforcement mechanisms, including increased penalties for non-compliance, to ensure businesses and organizations adhere to the new language requirements.

Affected Companies and Industries

Bill 96 applies to a wide range of businesses and organizations operating in Canada. In addition, Bill 96 has lowered the threshold for companies required to register with the Office québécois de la langue française (OQLF) from 50 to 25 employees. 

Some key sectors and entities that are affected include:

• Small and medium-sized enterprises (SMEs): All businesses must comply with the new language requirements regardless of size.
• Large corporations: Multinational and national corporations operating in Québec must also adhere to the language regulations set forth by Bill 96.
• Retail and e-commerce businesses: Companies selling products or services to Québec consumers must ensure their offerings, including packaging and labeling, are available in French.
• Service providers: Businesses offering professional services, such as legal, accounting, or consulting, must provide them in French.
• Educational institutions: Schools, colleges, and universities in Québec are subject to the language requirements for their operations and communications.

Compliance Requirements

Bill 96 introduces several essential compliance requirements for businesses operating in Québec. These include:

1. Language of commercial contracts: All commercial contracts, including those between businesses and consumers, must be drafted and executed in French. Bilingual contracts may be used, but the French version takes precedence.
2. Product labeling and packaging: Product labels, packaging, and instructions must be in French. Bilingual labeling is permitted, but the French text must be at least as prominent as any other language.
3. Public signage and marketing materials: All public-facing signage, advertisements, and marketing materials must be in French. Bilingual communications are allowed, but the French content must be predominant.
4. Internal workplace communication: Businesses must ensure that French is the primary language for internal communication, including employee-to-employee interactions, policies, and human resources documentation.

Machine Translation and Compliance

One of the key considerations under Bill 96 is the use of machine translation for content that requires French language compliance. The Québec government has ruled that machine translation is an essential tool in helping businesses comply. Still, human review is needed to ensure the translation accurately captures the nuances and quality of the French language.

Businesses must ensure that all French-language content, external or internal, is reviewed and validated by a translator or native speaker. This includes commercial contracts, product labeling, public signage, and any other materials that fall under the scope of Bill 96.

Penalties for Non-Compliance

Bill 96 introduces significant penalties for businesses that fail to comply with the new language requirements. These penalties include:

• Administrative fines: Businesses can face fines ranging from $3,000 to $30,000 for each offense, with higher penalties for repeat offenders.
• Legal action: The Office québécois de la langue française (OQLF), the government agency responsible for enforcing the French Language Charter, can take legal action against non-compliant businesses, including seeking court orders to compel compliance.
• Reputational damage: Non-compliance with Bill 96 can also result in reputational damage, as businesses may be publicly named and shamed for failing to uphold the French language requirements.

Preparing for Compliance

To ensure your business is ready for the implementation of Bill 96, consider the following steps:

1. Conduct a compliance audit: Review your current operations, communications, and documentation to identify any areas requiring changes to meet the new language requirements.
2. Develop a compliance plan: Create a comprehensive plan that outlines the specific actions your business will take to comply with Bill 96, including timelines, responsibilities, and budgetary considerations.
3. Invest in translation technology: Determine which aspects can be effectively translated using AI or machine translation and which require more nuance. Product directions, support documentation, knowledge base articles, and customer service engagements are often great places to start with machine translation. Contracts and marketing content frequently need to be human-translated.
4. Train and educate your team: Provide training and guidance to your employees on Bill 96’s requirements and their roles and responsibilities in ensuring compliance.
5. Monitor and update your processes: Regularly review your compliance efforts and update your strategies to keep pace with any changes or new requirements under Bill 96.

By understanding the key provisions of Bill 96 and taking proactive steps to ensure compliance, businesses operating in Québec can avoid the potential consequences of non-compliance and continue to thrive in the province’s vibrant and increasingly French-focused market.