The Quebec National Assembly has now completed its clause-by-clause consideration of Bill 96. While amendments are still possible as the Bill moves through the final stages of the legislative process, it is now near final form and is expected to be adopted soon.

On May 13, 2021, the Government of Québec introduced Bill 96 - An Act respecting French, the official and common language of Québec  (the "Bill 96") - which aims to promote the French language and reinforce the recognition of the French language as the only official language in Québec. Bill 96 will affect in particular employers, businesses and judicial proceedings.

The following is an overview of the proposed amendments of Bill 96 and its impacts on businesses:

  • Bill 96 requires that the following documents be drafted in French; memberships contracts, contracts containing standard clauses and related documents. For example, the parties will no longer be able to use the clause whereby the parties agree that only a version in another language will be drafted and signed since companies will be required to provide a French version of the documents before one of the parties expresses its desire to be bound by a version drafted in another language.
  • Contracts with the Government (including its departments, government agencies, municipal agencies and school boards as well as health services and social services) will have to be drafted exclusively in French, with few exceptions.
  • Documents sent to government agencies to obtain a permit, authorization, subsidy or financial assistance must be drafted exclusively in French.
  • Any application for registration of a movable security in Québec must be drafted in French.

The following is an overview of the amendments proposed by Bill 96 and its impacts on the justice and legislation:

  • A certified French translation must come with every pleading of a legal person drawn up in English. The cost of translation shall be assumed by the legal person.
  • A French version must come with any judgment rendered in English by a court without delay  when it terminates a proceeding and is of interest to the public.
  • Any person may request that a judgment rendered in English be translated into French. When a judgment is rendered in French, the English translation will be made at the request of one of the parties.
  • The foregoing also applies, with the necessary modifications, to decisions rendered in the exercise of an adjudicative function by a governmental body.

Bill 96 also imposes obligations on employers, including:

  • Any employment, transfer or promotion offer issued by an employer must be in French.
  • Individual contracts of employment must be drawn up in French.
  • French shall be used in the written communications  of the employer to his employees or a particular employee.
  • Documents made available by the employer must be drawn up in French  and if they are available in another language, their French version must be accessible under at least as favorable conditions. These documents include, among other things: application forms, documents relating to the conditions of employment; training materials produced for staff.
  • Collective agreements that are not drafted in French must be available in that language  upon their conclusion.
  • Any arbitration award made in English must be accompanied without delay by its certified French version.

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