The proposed regulation on the language of commercial signs in Quebec has echoes as far as Washington. The US government shared its concerns with the federal government earlier this week.
The Biden administration expressed its concerns on Wednesday during a meeting between senior officials from the two countries.
The United States has “shared its concerns about the provisions of Act 96 on commercial signage and their potential consequences for American businesses, including small and medium-sized businesses,” writes the Office of the United States Trade Representative, in a brief press release summarizing the topics discussed during the meeting.
The Bureau did not specify what its concerns were and did not respond to our questions sent Friday morning.
Storefront businesses in Quebec have until 1er June 2025 so that French occupies a space “twice as large” on their window, according to a draft regulation published in the Official Gazette of the Government of Quebec, on January 10.
This draft regulation clarifies the application of certain provisions of Bill 14 (better known as Bill 96). It is still the subject of consultations until the end of February.
Behind its diplomatic language, the Biden administration has just sent “a signal,” underlines Michel Rochette, president of the Canadian Retail Council (CCCD) for Quebec. “We must understand that there is concern on the American side and we must address this fear. »
The rules on commercial signage raise many concerns, notes Eliane Ellbogen, intellectual property lawyer at Fasken in Montreal.
“For the past year and a half, we have been contacted almost every day with questions, especially from smaller and medium-sized businesses. […] We face a lot of incomprehension, honestly, and surprise, in relation to the criteria which seem ultra-demanding to them. »
The draft regulation on commercial signage could result in significant expenses and administrative procedures for businesses who will have to modify their signs, underlines Mme Ellbogen.
“For example, to do all the analysis to know whether it is necessary to change the brand,” explains the lawyer. Should we change the sign? In many cases, it is necessary to update the sign to ensure that the criterion of the clear predominance of French is respected. »
Earlier this month, the Legault government affirmed that the majority of businesses were already compliant with the new criteria for commercial signage. Quebec estimates that the total cost of complying with the regulation will be between $7 million and $15 million, for all businesses.
This estimate is, however, questioned by the industry. “What we are told is that it can be around $50,000 to $100,000 per brand,” reports Mme Ellbogen. For a retailer with just ten branches, it could cost a million. »
Moreover, Fasken is “exploring the possibility” of challenging provisions on commercial signage in court, says M.me Ellbogen. The argument analyzed would be that the provisions on commercial signage of Quebec law would conflict with federal trademark law and that federal law would be preponderant, in this case.
Retailers have until June 2025 to comply with the law. The industry considers the deadline “very tight”, underlines Mr. Rochette. If Bill 96 was adopted in 2022, the details of the draft regulation, for their part, have only been on the table for a few days.
“Two years ago, it was said that they would have three years to adapt, which is not entirely correct,” adds the industry spokesperson. The countdown has already started, but we don’t yet know the rules of the game.”
In the meantime, traders cannot take costly steps before having confirmation that the regulation will be adopted as is. “Merchants must wait for the final version to be sure of being faithful and respecting the rules,” underlines Mr. Rochette.
In Quebec, the Minister of the French Language, Jean-François Roberge, responded that French “will always be vulnerable in Quebec” and that intervention was necessary.
We assure that the Office québécois de la langue française (OQLF) will “offer quality support to businesses that have questions about Quebec linguistic law”. “Our government is constantly proving that in Quebec, we can defend French and offer a welcoming environment for businesses,” reacted the minister in a written statement.