Quebec Bill96 Amendment finally published

Navigating Quebec’s New Language Regulations: What Businesses Need to Know

In the ever-evolving landscape of language laws, Quebec’s latest amendment to its Charter of the French Language, sparked by Bill 96, is crucial for businesses to understand. The government has published a draft regulation amending the existing rules on the Language of Commerce and Business. This change, long-awaited, addresses uncertainties particularly about non-French trademarks in Quebec.

Key Updates in the Regulation:

1. Trademarks on Products:

• Trademarks: The familiar “recognized trademark” exception remains, allowing non-French trademarks. However, Bill 96 narrows it to “registered” marks. Unregistered marks with generic or descriptive terms must be translated into French.
• Pending Applications: Good news – “registered trademark” now includes trademarks with pending applications, a relief for businesses in Quebec, ensuring no delay in marketing products with such trademarks.

2. Inscriptions on Products:

• Scope: The term “product” covers the product, its container, wrapping, and accompanying documents.
• Translation Size: Non-French generic/descriptive terms within a registered mark must not be more prominent than their French counterparts, posing a challenge for businesses to allocate adequate space for these translations.

3. Phase-Out Period:

• Non-compliant products can still be marketed until June 1, 2027, if manufactured before June 1, 2025, and if no French version of the mark was registered. This offers a two-year compliance window.

Commercial Publications:

Websites and social media are now explicitly recognized as commercial documents. This codifies the interpretation previously held by the Office of the French Language (OQLF).

Public Signage and Commercial Advertising:

Public signs and commercial advertising must be in French, or in both languages with French being markedly predominant. The new regulation modifies the definition of “markedly predominant” to mean the French text must be at least twice as large and as visible as the non-French text.

Remaining Uncertainties:

Despite these clarifications, some questions remain, especially regarding the definition of a “medium permanently attached to the product” and the lack of explicit inclusion for pending Canadian trademark applications in public signage.

The Road Ahead:

Businesses in Quebec need to adapt quickly to these changes to stay compliant. The draft regulation opens a 45-day window for public comments, and I encourage businesses to share their thoughts.

For more details or assistance in navigating these changes, feel free to reach out. Staying informed and adaptable is key in this dynamic regulatory environment.

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This is an overview of the critical aspects of Quebec’s new language regulations. Understanding these changes is vital for businesses operating in or with Quebec. Adaptability and compliance are crucial in this changing legal landscape.