Question Period Note: Official Languages and Quebec Bill 96

On May 24, 2022, the National Assembly of Quebec passed The Official and Common Language of Quebec, French Act (commonly referred to as Bill 96) to make amendments to the Charter of the French Language (also referred to as "Bill 101") and to several other existing laws. Bill 96 was assented to and came into force on June 1, 2022, with the exception of certain provisions that were suspended by the Superior Court of Quebec.

• The Government recognizes the importance of protecting the French language in Canada, including in Quebec, and wants to work with the Government of Quebec to achieve this goal.

• Bill C-13, tabled by our government on March 1, 2022, will following its adoption, promote and protect the use of French as a language of work and service within private enterprises under federal jurisdiction in Quebec, as well as in regions with a strong francophone presence.

• In addition, C-13 aims to protect and promote the French language in order to achieve substantive equality between English and French and to support the vitality of official language minority communities, including English-speaking communities in Quebec.

• On May 24, 2022, the National Assembly of Quebec passed The Official and Common Language of Quebec, French Act (commonly referred to as Bill 96) to make amendments to the Charter of the French Language (Charter) and to several other existing laws. Bill 96 was assented to and came into force on June 1, 2022, with the exception of certain provisions suspended by the Superior Court of Quebec which, in its opinion, could be likely to prevent certain English-speaking organizations from having access to the judicial system. Note that these provisions do not affect C-13.
• The ruling states that the sections of Bill 96 that would require companies to pay a translator to produce French versions of legal documents must be suspended until their legal challenge can be heard on the merits. A trial on the issue is expected by the end of 2023.
• In addition, in January 2023, Judge Immer of the Superior Court of Quebec temporarily suspended, pending a trial, the application of section 12 of Bill 96. This section deals with the knowledge, with certain exceptions, of a language other than French in order to be appointed to the position of judge in a Quebec court.
• Here are the main elements of the reform proposed in Bill 96: the creation of a Ministry of the French Language; the creation of a French Language Commissioner; the application of Bill 101 to businesses with 25 or more employees; an improved offering of French-language courses for newcomers; a review of the bilingual status of certain municipalities; a form of quota imposed on English-language CEGEPs, without restricting access to English-speaking right holders to access language minority schools.
• Bill 96 also makes several changes with respect to French as a language of work and language of commerce and business. For examples:
o Employers of all business shall respect their workers’ right to carry on their activities in French (Chapter VI – The language of labour relations).
o Consumers of all businesses offering goods or services to consumers must "respect their right to be informed and served in French" (Chapter VII – The language of commerce and business).
o Section 89.1 of Bill 101 now states 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". As such, the Charter would therefore apply to any business or employer operating in Quebec, including, although not explicitly stated, federally regulated private businesses (FRPB), as well as businesses and Crown corporations currently subject to the Official Languages Act (OLA). The Premier of Quebec and Minister of Justice and Minister responsible for the French Language have publicly stated that this is their intention.
o This implicitly includes federally regulated private businesses (FRPBs), including those enterprises and corporations currently subject to the Official Languages Act (OLA). However, this would be within the rules defining the jurisdiction of Parliament and provincial legislators and the principle of paramountcy of federal legislation in the event of an inconsistency between provincial and federal legislation. It should be noted that FRPBs subject to the OLA (e.g. Air Canada and CN) will be excluded from the FRPB regime.
• Federal Bill to modernize and strengthen the Official Languages Act (C-13), tabled in Parliament on March 1, 2022, proposes notably the creation of a new law called the Use of French in Federally Regulated Private Businesses Act (FRPB 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. The new Act will come into force by order-in-council and the size of the FRPBs that will be subject to it, as well as the definition of designated regions with a strong Francophone presence, will be set by regulation.
• According to the FRPB Act, FRPB in Quebec will be subject to the new federal regime by default. However, this new law gives the later the option of voluntarily applying the Charter with terms and conditions that may be specified in an agreement between the federal government and the Government of Quebec.
• During the clause-by-clause review of C-13 in the LANG Committee, the Parliamentary Secretary to the Minister introduced a series of amendments, which were adopted unanimously. The House of Commons strengthened and detailed certain key elements related to language of work in the new Act that will apply in Quebec and in regions with a strong Francophone presence, rather than waiting to define them by regulation.
• These amendments were intended to address a concern expressed by the Government of Quebec that there was a risk that private companies under federal jurisdiction would "flee" to a federal regime that was less restrictive in terms of language of work. The two regimes will therefore be able to co-exist without waiting for the coming into force of a regulation detailing the terms of the federal legislation.
• The FRPB Act is a federal law and does not incorporate the Charter by reference. Thus, the invocation of the notwithstanding clause by the Government of Quebec in respect of Bill 96 would not affect the FRPB Act itself.

None