The upcoming adoption of the bill on the common language in Quebec is making the business community nervous, wondering about the costs this will entail for companies.
Posted at 2:55 p.m.
Bill 96 will impose tougher regulations for small businesses and for federally regulated corporations such as banks and telecommunications. It should be adopted before the summer break.
Tens of thousands of businesses would no longer be exempt from the Charter of the French language.
In particular, the bill provides for the francization of all businesses with at least 25 employees. Until now, this measure only concerned companies with at least 50 employees. It gives new powers to the Office of the French language (OLF) which could investigate any internal complaint or complaints from the public. The OLF could require that a francization committee be formed in a company with 25 to 100 employees.
An article would require employers to take “reasonable means” to avoid imposing the requirement of knowledge of a language other than French to access or keep a position. The current Charter allows an employer to do so if “the performance of the task requires such knowledge”.
Various employers’ or trade associations fear that the future law will harm an economy, betting on exports. They fear a new exodus of companies.
“Companies in Quebec must be able to hire bilingual employees and offer services in English to their customers from outside,” comments Michel Leblanc, President and CEO of the Board of Trade of Metropolitan Montreal.
We want companies to be able to determine for themselves when they need to hire bilingual staff.
Michel Leblanc, President and CEO of the Board of Trade of Metropolitan Montreal
The bill would also require the use of French in the drafting of certain documents, such as employment contracts.
” This is not reasonnable. Many Quebec companies trade with other companies around the world,” adds Mr. Leblanc, who recognizes that French needs to be protected in some way.
More and more businesses want to hire students, many of whom come from outside the country. Some might even stay on after graduation. This door will be closed to them because they do not speak correct French, he argues.
The OFL estimates the number of companies with 25 to 49 employees at around 20,000.
Upcoming conflicts
Companies also fear the potential legal disputes that the application of the law could provoke.
At present, non-compliance with the Charter leads to negotiations between the offending company and the OFL. Bill 96 changes the process.
“A Quebecer who believes that a company has not respected his rights under the Charter of the French language can take legal action,” said Alexandre Fallon, a partner at the law firm Osler in Montreal. Even if an agreement is reached with the regulator, private lawsuits could be launched. »
An interaction with customer service, an invoice, a brochure, packaging, a menu or advertising, all of these could be the basis of a lawsuit.
“Businesses large and small are very concerned about this,” said Ms.and fallon.
Various groups, such as the Quebec Retail Council, Manufacturers and Exporters of Quebec or the Canadian Council of Innovators, are asking the Quebec government to soften certain rules, particularly with regard to francization.