Parlez-vous français? An Employer’s Guide to Bill 96
On May 24, 2022, the Quebec Government passed Bill 96, which amends the Charter of the French Language in Quebec.
The purpose of these changes is to promote and ensure French is the predominant language used and spoken in Quebec workplaces.
Bill 96 received Royal Assent on June 1, 2022 and most of the measures vis a vis workplaces listed below came into effect on June 1, 2022. We point out the exceptions to this June 1st date.
If you are an employer with employees in Quebec, here is a brief summary of what you need to know to be in compliance:
Communications:
Bill 96 extends the obligation for an employer to communicate to its employees in French by mandating this for:
Offers of transfer;
Applications forms;
Group benefits information;
Policies and handbooks related to the conditions of employment;
Employee training documents.
Employers will have up to one (1) year to translate these documents into French if they did not exist in French before.
Employment Contracts:
The majority of employment contracts are what is referred to as “contracts of adhesion” in Quebec (meaning the terms are imposed by the employer and non-negotiable). All contracts of adhesion must be provided in French. Once the parties examine the French contract, the parties can agree to be bound by a non-French version.
For contracts that are not contracts of adhesion (meaning the parties individually negotiate terms), parties can draft the contract in another language (i.e. English) if both parties expressly agree to this. A Quebec employee with this type of contract can request by June 1, 2023 that their employer translate the contract into French. If this request is made, the employer must translate the contract in a timely manner.
Job Postings:
Employers (and recruiters) need to post job postings in French, and if in another language (i.e. English), the employer (or recruiter) must disseminate both postings together and by the same means of transmission (i.e. separate postings on LinkedIn), and try to reach a targeted audience of comparable size.
If the job posting requires knowledge of a language other than French (i.e. English), the employer must indicate the reasons for justifying this requirement at the time positing the position right in the job posting.
Knowledge of English as a Condition of Employment:
In keeping with the spirit of the legislation, employers are to promote the French language and thus, avoid requiring an employee to have a knowledge of another language i.e. English to obtain or keep a position. If the employer wants to make English a specific condition of employment, companies will have to conduct an assessment as to why that condition is required for the particular position and be able to prove why. We suggest thinking about it from the perspective as a bona fide qualification for the job.
Familiar Measures:
Under the amended Charter, employers cannot taking reprisal action against employees who seeks to enforce their rights under the legislation. Further, the legislation has created a new mechanism to deal with language disputes. Any employee who feels their rights under the Charter has been infringed, he or she can make a complaint to CNNEST within 45 days of the alleged conduct.
Changes to the Charter set out the right for employees to work in an environment free of discrimination and harassment with respect to speaking in French. This imposes a positive obligation on employers to eradicate any harassing behaviour in this regard
Francization:
Current rules and language requirements regarding francization now applies to business with at least 25 employees (previously the threshold was at least 50 employees). Employers should consult the Charter for specific details but at a minimum these companies will need to register and obtain a Francization certified from OQLF attesting that the business is using French in a “generalized” manner. Companies that this applies to will have three (3) years to comply i.e. June 1, 2025.
Enforcement:
Recent changes to the Charter create a new private right of action for Quebec residents, increases fines for non-compliance with a maximum of $30,000 for businesses on a first offence, and the OQLF, which enforces the Charter has enhanced investigatory powers to ensure compliance with the Charter.
Pleadings:
If a company finds itself in litigation with an employee, and drafts their pleading in English, there must also be a certified French translation provided by the company. This requirement will become effective September 1, 2022.
The Bottom Line:
As you can see the changes are extensive and far reaching for employers with employees in Quebec, in particular those employees with between 25 and employees. If you have questions, please reach out to a member of our team.
