Doing business in French in Quebec: issues, responsibilities, and sanctions
Since Bill 96 came into effect on June 1st, 2022, businesses operating in Quebec are subject to stricter language requirements than ever before. What are the key issues, and what are the consequences of non-compliance?
The Office québécois de la langue française (OQLF), the body responsible for enforcing the Charter of the French Language (the Charter), has significantly strengthened its oversight and enforcement mechanisms. Today, a complaint – whether from a customer, employee, or even a competitor – can lead to serious legal and financial consequences, not to mention negative media coverage that could damage a company’s reputation.
What happens when a complaint is filed?
According to OQLF data, 34% of complaints relate to the language of service in businesses. Commercial documentation – including websites, publications, job postings, contracts, and invoices – accounts for 27%, followed by public signage and advertising at 20%.
When a complaint is filed, the OQLF first assesses its admissibility. If deemed complete and credible, a file is opened within 30 business days. In such cases, an inspector may be dispatched on-site or conduct a document review to assess compliance. The OQLF has broad investigative powers: inspectors may enter business premises, take photographs, examine workstations, and access digital data. The OQLF may also initiate investigations on its own, particularly when public interest is at stake. Priority cases, especially those involving health or safety, are handled on an expedited basis.
A shorter window for action
If non-compliance is found, the business typically receives a notice granting at least 15 days to rectify the situation. If the issue persists, the OQLF may issue a formal compliance order, effective upon delivery. The business then has 30 days to contest the decision. Failure to comply may result in the case being referred to a Crown prosecutor for criminal proceedings or lead to an injunction request before the Superior Court.
Legal responsibility depends on the nature of the violation. For public signage, the business operator is usually held accountable. However, other parties – such as the property owner, franchisor, landlord, or even a supplier – may also be implicated. For product packaging and labeling, responsibility lies with manufacturers, distributors, and retailers. This is especially relevant in regulated sectors like health products, where heightened vigilance is required.
Fines: a significant cost
The system of sanctions associated with the Charter has also been strengthened. Failure to comply with a compliance order constitutes a criminal offense, and each day of non-compliance is treated as a separate offense. Fines can reach up to $90,000 for a business, and up to $42,000 for a company executive. In cases of repeat offenses, these amounts may be doubled or tripled. Notably, company executives can be held personally liable, even when acting in their corporate capacity. Fine calculations consider not only the benefits derived from the offense but also its social and economic impacts.
More than just financial consequences
Beyond criminal penalties, the Charter also provides for civil remedies. An aggrieved party may seek to annul contract clauses drafted in violation of the law, reduce contractual obligations, or even void a contract entirely. The consequences can be significant: if services have been rendered (payments, deliveries, transfers), they may need to be reversed or adjusted accordingly.
In the most serious cases – particularly when repeated violations occur despite warnings and sanctions – the government may suspend or revoke the business’s permits or authorizations. The OQLF may also petition the courts for an order to remove or destroy non-compliant signage. In extreme cases, a court injunction may be required to compel compliance with language requirements.
Language obligations also extend to e-commerce. A non-compliant product sold online may be subject to an order even if the business has no physical presence in Quebec. Technology platforms that facilitate the sale and payment of such products may also be targeted.
Reputation should not be overlooked. Criminal proceedings under the Charter are public. When a case receives media attention, especially in a context where protecting the French language enjoys broad social support, the impact on a company’s brand image can be substantial.
How to ensure compliance?
In this context, it is imperative for businesses to proactively review their language practices. Compliance with the Charter is now both a legal obligation and a strategic choice to ensure long-term success in Quebec.
Our business law team can support you throughout this process, from identifying your needs to implementing and executing concrete solutions to ensure compliance. We have also developed a due diligence checklist that can help prevent errors or assist a business in correcting its practices when the OQLF has flagged a violation.
Feel free to contact us to learn more!
