The information contained in this document is marketing material and for informational purposes only. The information contained in this document is presented without any warranty or representation as to its accuracy or completeness and all implied representations or warranties of any kind are hereby disclaimed. Recipients of this document, whether clients or otherwise, should not act or refrain from acting on the basis of any information included in this document without seeking appropriate professional advice. The provision of the information contained in this document does not establish any express or implied duty or obligation between Citco and any recipient and neither Citco nor any of its shareholders, members, directors, principals or personnel shall be responsible or liable for results arising from the use or reliance of the information contained in this document including, without limitation, any loss (whether direct, indirect, in contract, tort or otherwise) arising from any decision made or action taken by any party in reliance upon the information contained in this document. © The Citco Group Limited, December 2024.
Canada – Quebec’s New French Language Requirements
Quebec’s Charter of the French Language, as amended by Bill 96, has introduced new francization requirements for businesses operating in the province.
Effective the 1st of June 2025, these changes have significantly expanded the scope of affected companies by lowering the employee threshold from 50 to 25. The primary goal of this legislation is to reinforce French as the predominant language in Quebec workplaces.
Key Obligations
Under the new regulations, businesses must:
- Register with the Office québécois de la langue française (OQLF).
- Conduct an internal linguistic situation analysis.
- Implement a francization program if French usage is deemed insufficient.
- Maintain compliance through regular reporting and updates.
The requirements vary based on company size:
- Corporations with 25 or more employees in Quebec must register with the OQLF and conduct an internal linguistic situation analysis.
- Those with over 100 employees must also establish a francization committee. This committee will analyze the workplace’s linguistic situation, monitor the francization program’s implementation, provide recommendations on language requirements for positions, and submit reports to the OQLF.
Applicability and Timeline
These requirements apply to all corporations incorporated in or registered in Quebec with 25 or more employees working in the province. The regulations took effect on the 1st of June 2025.
Once a corporation has maintained 25 or more employees for six months, it must register within the following six months.
Actions Required
Companies should confirm whether they currently employ more than 25 individuals within Quebec. If so, they must ensure compliance by following these steps:
1. Submit a registration form to the OQLF via email and obtain a registration certificate.
2. Conduct an internal evaluation of French language usage using the OQLF’s linguistic analysis form within three months of receiving the initial registration certificate.
3. The OQLF will review the analysis and either:
a) Issue a francization certificate if French usage is sufficient, or
b) Require the implementation of a francization program if usage is inadequate.
4. If a francization program is mandated, it must be formally approved before a francization certificate can be issued.
The Risks of Non-Compliance
The penalties for non-compliance are substantial:
- Monetary fines ranging from 3,000 to 30,000 Canadian Dollars (CAD) per infraction. These fines double for second infractions and triple for subsequent ones. Each day of continued infraction may be considered a separate offense.
- Directors and officers face personal liability, with potential fines ranging from 1,400 to 14,000 CAD.
- Failure to comply can result in ineligibility for government subsidies and contracts with the Quebec government.
As Quebec continues to strengthen its commitment to preserving and promoting the French language in the workplace, businesses operating in the province must stay informed and take proactive steps to ensure ongoing compliance with these regulations.
The potential risks of non-compliance extend beyond immediate financial penalties and can have long-lasting effects on a company’s operations and opportunities within Quebec.
How Mercator® by Citco Can Help
Mercator offers support in navigating Quebec’s French language requirements. We can provide guidance on registration requirements, assist with completing and submitting the initial registration form to the OQLF, and help with change filings.
Contact mercator@citco.com for more information.
