(Montreal) Proposed Quebec regulations, which would require more French markings on consumer products, would result in more restricted choice and higher costs for products such as household appliances, according to an industry group and a Montreal lawyer.
Under current law, permanent markings – such as those engraved, embossed or welded – may be written in a language other than French, unless they are related to product safety. But a draft regulation published last month would end this exception and require markings in French if they are “necessary for the use of the product”.
This means that the “on” and “off” buttons, the “hot” and “cold” settings, or the different spin cycles of a washing machine, for example, should be labeled in French, said Eliane Ellbogen. , intellectual property lawyer based in Montreal at the Fasken law firm.
Some of her clients, she said in an interview Monday, say they have no other choice but to leave the Quebec market “because it will be impossible to comply with these new provisions.”
“This means that several types of consumer goods may no longer be available in Quebec and, ultimately, it is the Quebec consumer who will pay the price with product shortages, service delays, delivery times, higher prices, less competition in the market. »
While manufacturers typically put safety warnings on products in multiple languages, other markings are often only in English, she explained.
An “extremely worrying” aspect of the regulations, said Mme Ellbogen, is that they will come into force 15 days after their adoption, without a grace period. That short time frame provides little warning to manufacturers before they need to comply, she said, adding that the regulations could be adopted within months to a year.
“Product manufacturers tell us that this requirement is essentially impossible to meet, especially in the short time frame that the proposed regulations would require,” she said.
Registrations in French on the decline
In a written submission during public consultations on the proposed regulations, Meagan Hatch, vice-president and general manager of the Appliance Manufacturers Association of Canada, said a survey of her group’s members indicated that Approximately 90% of models on the Quebec market do not comply with the new rules.
“An overwhelming majority of respondents indicated that they would be forced to stop selling their products in Quebec. For many, the shutdown would be permanent,” underlined Mr.me Hatch, whose association is made up of companies that produce 90% of household appliances for sale in Canada.
Quebec represents approximately 2% of the North American market for household appliances, the overhaul of production chains “is not feasible,” argued Mme Hatch in his brief to the government.
In a statement sent by email, Mr.me Hatch said the appliance industry has a strong commitment to the French language, adding that all product literature is available in French.
“If the proposed regulation is adopted in its current form, the vast majority of household appliances will no longer comply in Quebec. These devices cannot be easily adapted or replaced by others. We urge the government to be flexible and work with industry,” she said.
A spokesperson for the Minister of the French Language, Jean-François Roberge, said the Office québécois de la langue française documented a decline in the percentage of large household appliances bearing French inscriptions, from about 80% in 1977 to less than 1% in 2021.
In other countries, such as Mexico, the Netherlands, Portugal and Poland, the devices are sold with inscriptions in the local language, wrote Thomas Verville.
“The Francophonie represents more than 320 million people. In addition, Quebec is an advanced society and a large and lucrative market. If certain companies do not want to do business in Quebec to avoid translating the indications on their products, if they refuse to speak to Quebecers in French, we are convinced that their competitors will take advantage of these opportunities for the benefit of Quebecers,” argued Mr. Roberge in a press release sent by email.
The government has suggested that manufacturers could use stickers to cover English inscriptions with French ones.
However, the Home Appliance Manufacturers Association says stickers cannot be placed on touch screens or button markings. Additionally, stickers can pose a safety risk if placed near heat sources.
Other business groups have also expressed concerns about the proposed rules. The Quebec Employers’ Council said Friday it feared the regulations would dissuade Quebecers from buying from local retailers, instead turning to online stores that sell products intended for other markets.