Question Period Note: Official Languages and Quebec Bill 96

On May 24, 2022, the Government of Quebec adopted its reform of the Charter of the French Language, commonly known as Bill 101. Draft Bill 96 is entitled An Act respecting the official and common language of Quebec, French.

• The Government of Canada and the Government of Quebec want the same thing, to ensure that consumers in Quebec and in regions with a strong Francophone presence can be served in French and that employees can work in French in private companies under federal jurisdiction.
• Our Government has introduced Bill C-13 to recognize the language frameworks of each province, including Quebec. The new Use of French in Federally Regulated Businesses Act, proposed in this will make it possible, among other things, to promote and protect the use of French as the language of work and services within these businesses in Quebec.
• The Government recognizes the importance of the French language in Canada, including in Quebec, and wants to work with the Government of Quebec to ensure that our two regimes for the protection and promotion of French co-exist.

• On May 13, 2021 the Government of Quebec unveiled its reform of the Charter of the French Language, commonly known as Bill 101. Bill 96 is entitled « An Act respecting the official and common language of Quebec, French ». During its presentation in the National Assembly, the Minister responsible for the French language, Simon Jolin-Barrette, stated that the purpose of this bill "is to affirm that the only official language of Quebec is French" and that "French is the common language of the Quebec nation". Here are the main reforms:
o the creation of a Ministry of the French Language
o the creation of a French Language Commissioner
o the application of Bill 101 to businesses with 25 or more employees
o an improved offer of francization courses for newcomers
o a review of the bilingual status of certain municipalities
o A form of quota imposed on English-language CEGEPs, without restricting access to students based on their mother tongue
• Bill 96 provides (Sect. 19) that "Any person who is domiciled in Canada and not resident in Québec is entitled […] to pay the same tuition fees as a resident in Québec […]." Eventually, Quebec would become more attractive to all Canadian students, which would aggravate recruitment difficulties in post-secondary institutions in French-speaking communities in the rest of the country.
• The bill proposes several changes with respect to French as a language of work but also as a language of commerce and business, in particular so that a business offering goods or services to consumers must "respect their right to be informed and served in French" (s. 41).
• Specifically, it sets out the obligations applicable to employers to ensure respect for the right of workers to carry on their activities in French and stipulates (s. 65) that "No provision of this Act may be interpreted in such a way as to prevent its application to any enterprise or employer carrying on its activities in Quebec". The Charter would therefore apply to any business or employer operating in Quebec, including, although not explicitly stated, federally regulated private businesses (FRPB). The Premier of Quebec and Minister of Justice and Minister responsible for the French Language have publicly stated that this is their intention.
• Federal Bill C-13, tabled in Parliament on March 1, proposes a new law called the Use of French in Federally Regulated Private Businesses Act, which creates new rights to be served and to work in French in FRPB, in Quebec and in regions with a strong francophone presence. From a federal perspective, the two Acts are intended to be complementary.
• According to the new federal legislation set out in Bill C-13, FRPB in Quebec will be subject to the new federal regime by default. However, this new law gives FRPB in Quebec the option of voluntarily applying the Charter instead of the new law. The possibility for FRPB to voluntarily opt into the Charter only takes effect if an agreement is reached between the federal government and the Government of Quebec. It remains to be determined whether the Quebec government would agree to collaborate on such an agreement.
• From September 21 to October 7, 2021, the Government of Quebec held public hearings on Bill 96. A total of 51 individuals or organizations were heard, including the Quebec Community Groups Network and the Assembly of First Nations Quebec-Labrador, and approximately 50 other submissions were made by other representatives.
• The report of the Committee on Culture and Education, which organized these public hearings, was tabled in the National Assembly on October 21, 2021. A new report was tabled on April 26, 2022, with amendments after detailed study of the Bill. In addition to FRPB, the Bill would also affect the teaching of mandatory French in English-speaking CEGEPs in Quebec.
• Some of the proposed amendments to Bill 96 could put pressure on the modernization of the Official Languages Act at the federal level, which promotes certain key sectors essential to the development of English and French minorities, such as the education continuum, from early childhood to post-secondary education.
• The National Assembly of Quebec considered and adopted the report of the committee on the detailed study of Bill 96, followed by debate and amendments. The bill was passed on May 24, 2022 and is awaiting assent by the Lieutenant Governor.

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