Inspectors from the Quebec Office of the French Language (OQLF) will not arrive in the middle of the night to seize computer equipment in companies. This is one of the messages that the OQLF began to broadcast to reassure business people, learned The Presswhile new challenges to “Law 96” are being organised.
Posted at 6:00 a.m.
The OQLF held about ten virtual sessions with representatives of Québec inc. since the law was passed last June. During one of these 70-minute meetings, of which we obtained a video recording, three counselors tried to put some widely-held statements into context.
“The law really never allowed and does not allow the Office to search, seize or search,” explained an official. At no time does our staff carry out such interventions. »
Yes, inspectors will now be able to visit offices “at any time deemed reasonable”, rather than during normal business hours. But this change is only intended “to help companies that would not want inspectors while customers are there,” she said.
The counselor adds that OQLF employees are not authorized to “handle” equipment during their visits. They can only “consult, reproduce and take pictures of certain documents” that will be used in their investigation.
“Sovereign” companies
The An Act respecting the official and common language of Quebec, French – often referred to as “Bill 96” – will lead to a series of very concrete changes in the business world.
Among other things, it will require all SMEs with 25 to 49 employees – rather than 50 – to take francization steps and register with the OQLF. This change will increase the number of companies registered with the Office from 8,800 to 30,000 by June 2025.
The march will be steep for many of them, but the OQLF seems to want to show some flexibility.
“It is important to specify that companies are fully sovereign, that is to say that the Charter (of the French language), the law, sets out a certain number of objectives to be achieved, but that the means to achieve them belong to the companies,” another adviser explained during the session.
The deadlines for reaching certain francization targets may be set “according to your business reality, according to the level of complexity of the resources you have at your disposal,” he added.
“Restrict” bilingualism
Despite a certain leeway, several requirements must be strictly observed. For example: companies are now required to “restrict as much as possible” the amount of new positions that require bilingualism.
“In your job offers, when you require bilingualism, you will have to specify the reasons for which you require the knowledge of a language other than French, explained a counsellor. That’s right now. »
She also recalled that employees who do not speak French will have to acquire an “appropriate knowledge” of the language.
“Of course, we don’t require a person to have the same knowledge of French if they have very routine tasks and are quite capable of understanding their tasks in French in a few words,” she explains. . On the other hand, as soon as we talk about more complex tasks, where people will have to discuss among themselves during meetings, then it’s French. »
Complaints and increasing numbers
The number of complaints related to non-compliance with the Charter of the French language has been rising sharply for years in Quebec. The OQLF received 6,292 last year, almost double the number two years ago.
The President and CEO of the Office, Ginette Galarneau, refused interview requests from The Press. Spokesperson Chantal Bouchard, however, affirmed that the OQLF was “well prepared” for the entry into force of “Law 96”.
The organization saw its annual budget increase from $24.1 million in 2019-2020 to $32.7 million in 2022-2023. During the same period, the number of employees should increase from 241 to 334, if the OQLF manages to fill the thirty vacant positions.
Some 400 business representatives have registered so far for the information sessions organized on Law 96, indicates Ms.me Bouchard. She also wanted to calm things down with regard to critics who see the OQLF as a “language police”.
“In effect, the Act made little change to the Charter with respect to the Agency’s inspection powers,” she said by email. Indeed, it has rather clarified and updated them to take into account the new realities and working methods of companies. »
Quebec inc. worried
Be that as it may, the business world is far from reassured. In recent months, a coalition of 150 business leaders, including those from Exfo, Coveo, Guru and New Look, signed an open letter asking the government of François Legault to suspend the application of certain measures of the law.
These leaders fear recruitment problems abroad, an explosion of the bureaucratic burden, even a “silent exodus” from head offices due to all the constraints imposed by Law 96.
This is a law that is clear according to the government, but there are still an extremely large number of outstanding questions and gray areas.
Pierre-Philippe Lortie, Director of the Quebec Chapter of the Canadian Council of Innovators (CCI)
Various legal challenges to Bill 96 have already been launched. A new formal notice sent in mid-September requests the invalidation of an article of the law, we learned.
In the cabinet of Simon Jolin-Barrette, outgoing Minister of Justice and responsible for the French language (who will remain in office until the formation of a new cabinet by François Legault), we recall that Law 96 “has been duly debated then adopted by the representatives elected to the National Assembly”.
“The French language is not a hindrance to the Quebec economy. Quite the contrary, it is a strength and the record foreign investments in Montreal since the beginning of the year bear witness to this,” added his cabinet.
Quebec will set up by June 2023 a brand new organization, called Francisation Quebec, which will act as a “one-stop shop” to extend French learning in businesses and to newcomers.
Calling all
Are you worried about the effects of Law 96 on your business?