Companies under federal jurisdiction are resisting complying with the Charter of the French language, more than eight months after the adoption of its reform by the National Assembly. Nearly a third of them did not register with the Office québécois de la langue française (OQLF) in time, noted The duty.
Federally chartered businesses employing 50 or more people had until 1er last December to report to the OQLF as required by the new Act respecting the official and common language of Quebec, French (better known by its nickname “Act 96”). However, as of February 22, 167 of the 525 employers affected had not complied with this directive, the office indicated to the Duty.
When one person speaks English in a meeting and nine others speak French, everyone switches to English
The number of companies under federal jurisdiction — banks, airlines, rail carriers — that have complied with Bill 96 has nonetheless doubled since its adoption in 2022. “Nearly 200 [entreprises se sont inscrites] since the sanction of the law”, bringing the total to 409, indicated in an email exchange the spokesperson for the OQLF, Chantal Bouchard.
The obligation to register was already incumbent on all large companies under Quebec jurisdiction under Bill 101.
Provincially chartered businesses with 25 to 49 employees have until 1er June 2025 to follow suit, but are already gradually complying with the requirements of the law. “Although[elles] have three years to register with the Office, 51 of these companies have decided to start their process now,” noted Mr.me Bouchard at Duty. Employment and Social Development Canada has 275 companies in this category in Quebec.
In the office of the Minister of the French Language, Jean-François Roberge, it is assured that “the discussions [se poursuivent] with companies that have not registered with the OQLF”, but “we are delighted to see that the government operation has worked well”. “We see a mobilization of companies to comply with the Charter of the French language,” wrote by text message the press secretary of Mr. Roberge, Thomas Verville. “Almost all businesses with 50 or more employees are registered with the OQLF. »
Parliamentary arm wrestling
Tabled last year, federal Bill C-13 should modernize Canada’s Official Languages Act and promote the use of French in private businesses under federal jurisdiction. In its current form, the text of the law mainly offers federally chartered companies the choice between Ottawa and Quebec City bonds.
A detail that the Bloc Québécois, the Conservative Party of Canada and the New Democratic Party (NDP) intend to modify at the parliamentary committee stage this winter. The three opposition parties, in the majority on the committee, promise to apply the Quebec law to companies under federal jurisdiction on the territory of the province.
“C-13 [tel que rédigé] does not require the use of French in businesses, believes Conservative MP Joël Godin. When one person speaks English in a meeting and nine others speak French, everyone switches to English. »
However, he fears that the NDP will fail in its promises during the vote supposed to modify C-13 in order to impose the Quebec language regime on federal companies. The vote of the fourth party in the Commons will be decisive, since it is sufficient to approve or defeat any proposal of the Liberal Party of Canada made to the Official Languages Committee.
Liberal MPs have multiplied calls to exclude any reference to the Quebec Charter of the French language, perceived as harmful to the rights of Anglophones. Some went so far as to threaten to vote against their own party’s bill.
Asked about it earlier this month, NDP Leader Jagmeet Singh said the party’s position is to apply Bill 101 to businesses under federal jurisdiction. “That’s been our position for a long time, since the Sherbrooke declaration,” he said, adding that he wants C-13 passed quickly.
Similar but distinct laws
The Quebec law and the federal text of C-13, as drafted by the Minister of Official Languages, Ginette Petitpas Taylor, have certain similarities. Both have the objective of guaranteeing the right to work in French in Quebec. Both offer remedies for employees or consumers who feel their right to use French has been violated, although the federal commissioner would not have the power to fine most private companies under his jurisdiction.
The main difference is that the Charter of the French language of Quebec requires companies to obtain a francization certificate, such as an operating plan in French, under the supervision of the OQLF. Quebec also limits the requirement of a language other than French.
“Submitting to provincial law therefore means opening the door to the intervention of the OQLF, as a provincial regulatory body, in the daily activities of the company. From the point of view of a federal company, it is a bit special, ”explains lawyer Alexandre Fallon, partner at Osler.
According to the language law expert, the federal proposal to protect French details a more precise list of obligations towards companies. For example, it dictates that computer tools must be in French, whereas Quebec law leaves the OQLF with a case-by-case assessment for workplaces with more than 25 employees. “In C-13, we go a little further, in the sense that we come to say […] that there is also the aspect of being supervised in French. That is not present in Quebec law, believes Me fallon. In my opinion, C-13 is stricter on employers than the Quebec law. »
This debate now finds itself in the court of a handful of federal elected officials in a parliamentary committee, which should decide the question during the month of March.