Important Notice: On May 13, 2021, the Québec government tabled Bill 96 which aims to better protect the French language in the Province of Québec. While the contents of our firm’s French Language Requirements in Québec series reflect the current state of the law, the proposed legislation modifies certain provisions of the Charter of the French language pertaining to the language of commerce and business. Accordingly, in the event that Bill 96 is adopted, we will update our French Language Requirements in Québec series. Please subscribe to our IP Updates so you don't miss any announcements.
The Charter of the French language (R.S.Q. c. C-11) (the French Charter) was adopted in 1977 by the Québec government to protect the French language. The French Charter gives the French language the status of official language in Québec, thus making the use of the French language mandatory in all spheres of public life in the province, including commerce and business.
This article and the series to follow, will examine the French language requirements for commerce and business in the province of Québec and provide practical guidance on how brand owners can navigate these requirements.
Generally speaking, the French Charter applies to businesses with an establishment in the province of Québec (this includes a P.O. box) and, in certain regards, it applies to businesses selling their goods and performing their services in Québec, without necessarily being established there.
The French language requirements for commerce and business are divided into three categories:
- Inscriptions on products and accompanying documentation;
- Commercial publications such as catalogues, flyers, brochures, commercial directories, contracts, invoices, websites, social media; and
- Public signs, posters and commercial advertising (this includes promotional bags, carts and employee uniforms, etc.).
Listed below are the links to the French Charter as well as to its Regulations outlining rules and exceptions to the language used in the spheres of commerce and business:
- Charter of the French language;
- Regulation respecting the language of commerce and business; and
- Regulation defining the scope of the expression "markedly predominant" for the purposes of the Charter of the French language.
Simply put, French language must be used on products, in commercial publications and in commercial advertising. An exception to this rule is the “recognized trademark” exception which provides that recognized trademarks do not need to be translated into French, unless a French version of the mark is registered.
The Office québécois de la langue française (the OQLF) is the body in charge of enforcing the French Charter and its Regulations. It has the power and authority to investigate a violation of the French Charter and to refer the matter to the Director of Criminal and Penal Prosecutions, who in turn, may take action against an offender in the Court of Québec and ultimately impose a fine.
All of the above will be further detailed in Smart & Biggar’s French language requirements in Québec series, which will cover the following topics in more details, including tips and strategies:
- Inscriptions on products and accompanying documentation; (published July 22, 2020)
- Language used in commercial publications, including websites and social media; (published September 2, 2020)
- Language used on public signs, posters and commercial advertising; (published September 11, 2020)
- The “recognized trademark” exception; (published March 4, 2021)
- The rules governing the language of a business name; and
- The “exposure” for violating the French language requirements in the province of Québec.
We invite you to contact a member of our firm’s Trademarks & Brand Protection group for further guidance and assistance.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.