(Quebec) The Legault government allows government departments and public bodies to communicate in English with companies based in Quebec for another two years when they deem it necessary.
It introduces an exception to a new rule of the Charter of the French language which obliges the State to communicate only in French with legal persons established in Quebec.
Under its Bill 96 passed last year, the Legault government has decided to require “exemplary” and “exclusive” use of French by the state in its communications, with a few exceptions. He has set himself the goal of ending the “bilingualization of the state” with this reform of Law 101.
The Superior Council of the French language had shown in 2019 that 39% of staff members of ministries and organizations “having written interactions with legal persons or businesses established in Quebec sometimes use a language other than French in this type of of interaction”. It is 63% in Outaouais and 51% in Montreal, had added the organization which no longer exists today.
Developed following the adoption of Bill 96, the new State Language Policy, which the government has just made public, emphasizes the State’s “duty to set an example” with regard to of the use of French.
Nevertheless, “the Administration may use a language other than French only in the exceptional cases provided for by the Charter of the French language” – for the English-speaking community for example – “or by its regulatory framework”.
However, this “regulatory framework” has just been fixed. The Minister responsible for the French language, Jean-François Roberge, submitted to the Council of Ministers the Regulation respecting the language of the Administration. This regulation will come into force on 1er June. It “specifies the legal framework applicable to the Administration so that it can fully satisfy its duty to set an example”.
Above all, “it provides for new exceptions to the general principle which is the exclusive use of French,” reads Mr. Roberge’s brief to the Council of Ministers.
“Sunset Provisions”
The State may thus use English with a legal person established in Quebec when it is “necessary to prevent communication drafted solely in the official language from compromising the accomplishment of the mission of the body of the Administration and that the latter has taken all reasonable means to communicate only in the official language”.
Similarly, “a writing sent to a government body by a legal person or a company to obtain a permit, another authorization of the same nature, a subsidy or another form of financial assistance […] may be written in a language other than French” when “the transmission of the writing in French only compromises the accomplishment of the mission of the body of the Administration and that the latter has taken all reasonable means so that the writing is transmitted to him only in the official language”.
These two measures are presented as “sunset provisions”. They will be in effect for two years. They “cease to have effect on the 1er June 2025”, moreover specifies the Regulations.
At what point is the “fulfillment of the mission” of an organization compromised and would it be possible to use English? We ignore it.
The organizations will have to answer this question and define “linguistic practices in keeping with their reality” and with the Charter.
“In light of the complete applicable legal regime, each organization will have to adopt a directive that will specify how it will exercise its duty to set an example. He will indicate the nature of the situations in which he intends to use a language other than French,” continues Jean-François Roberge’s brief submitted to the Council of Ministers.
The idea of using only French in government communications with legal persons established in Quebec has been debated for a long time and has been the subject of numerous reports.
This is a measure that was part of Bill 101 when it was adopted in 1977, but which had been lifted by the Liberals in 1993. In 2001, the Larose commission on the future of French recommended that it be reinstated. The Landry government passed a law the following year to, among other things, implement this recommendation. However, the measure never entered into force; the Charest, Marois and Couillard governments maintained the status quo. The Legault government had promised that the measure would be implemented in June 2022, but the operation had been postponed for a year, in the context of the adoption of Bill 96.