Adoption of Bill 96: What Employers Need to Know

Key Employment-Related Changes Introduced by Bill 96

Bill 96 introduces a number of new obligations aimed at increasing the use of French in Québec workplaces. Among the most significant measures are the following:

• Businesses with more than 25 employees will have to adopt and implement a francization program and the Office québécois de la langue française will have the power to order the creation of a francization committee in any company with less than 100 employees. With these measures in place, companies will have increased obligations about the generalization of the French language in the company and that they will be subject to State control in this regard;
• Public signage visible from outside an establishment must use predominance French language;
• Knowledge of a language other than French for employment purposes may only be required if the performance of the duty or position requires such knowledge;
• In addition, an employer must take all reasonable means to avoid imposing such a requirement of knowledge of a language other than French;
• New appeals to the Administrative Labor Tribunal are introduced;
• Most written and verbal communications between an employer and its employees must be in French, with some exceptions;
• Any offer of employment, transfer or promotion must be drafted in French. Regarding employment contracts, these may be written in a language other than French only when the Employee has been provided with a French version of the contract;
• Companies will have to communicate in French with the Government of Quebec, except for rare exceptions;
• Companies will be subject to the interventions of a new organization called Francisation Québec. Thus, employers retaining immigrant workers will most likely be in contact with this new organization. Insofar, this body determines that the company is failing in its obligations in terms of francization, this company may find itself on a list of ineligibility for public contracts. Please note that the Office québécois de la langue française will continue to exist with its current mandate.

Legal Challenges and Ongoing Developments

Several organizations have already announced in the last few days their intention to challenge this Bill before the Superior Court. However, given that the Bill contains a clause derogating from sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms as well as the Quebec Charter of Human Rights and Freedoms, these legal challenges promise to be difficult.

As Québec's language laws continue to evolve, employers should monitor developments closely and assess whether their internal policies, employment documentation, recruitment practices and workplace communications comply with current requirements.

Need Guidance on Bill 96 Compliance?

Compliance with Bill 96, the Charter of the French Language, and Québec's workplace francization requirements can present significant challenges for employers. Businesses should evaluate their existing practices to identify potential compliance risks and implement appropriate measures where necessary.

Our Labour and Employment Law team advises employers on workplace francization, employment agreements, hiring practices, internal policies, employee communications and broader French language compliance obligations. We help organizations understand their legal responsibilities, mitigate risks and develop practical solutions tailored to their operational realities.

Contact our Labour and Employment Law team to discuss your organization's Bill 96 obligations and workplace francization strategy.