Bill 96 will impose stricter language requirements on small companies.
As Quebec’s controversial language law is getting closer to acceptance, the province’s business community is getting more concerned about what might affect their financial performance. Some companies are even contemplating leaving altogether.
The bill is referred to informally as Bill 96. The legislation would place stricter language standards on small-scale businesses and businesses operating in federally-regulated industries, including Telecommunications and banking click here, and government and schools. The bill is likely to be passed before the legislature breaks for summer.
In addition to strengthening the 1977 Charter of the French Language, which is the province’s signature language law, commonly referred to by the name Bill 101 — the legislation will also apply to hundreds of thousands of previously exempted companies.
If it passes, businesses that employ 25 or more employees will be required to “francization” — government confirmation that the utilization of French is commonplace at work — which is a reduction from the current 50. The bill also gives more authority to the French watchdog for the language and establishes stricter rules regarding the use of incorporating French orders.
According to estimates by the Canadian Federation of Independent Business, the price for a 50-employee business would be between $9.5 million to $23.5 million. The costs range from legal and translation services to administrative costs like establishing an assessment of the workplace to ensure that French is used throughout the organization.
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An open or public report could lead to the provincial Office Quebecois de la langue française (OQLF) investigation. The watchdog may also insist upon its initiative for companies with between 25 and 100 employees from the francization commission, an additional expense for smaller businesses.
Other provisions strengthen the existing protections offered by the charter.
A provision prohibits employers from asking for proficiency in another language than French if they prove the position requires it, and all reasonable options were considered to avoid the requirement. The requirement for a second language to be a condition of work is only allowed in cases where “the nature of the duties requires such knowledge,” Bill 101 states.
Economic risks
The high thresholds could drive headquarters out of Quebec and affect Quebec’s export industry trade associations’ claim.
“Companies in Quebec have to be able to have bilingual employees and service outside buyers in English,” Michel Leblanc, CEO of the Chamber of Commerce of Metropolitan Montreal, spoke to me in a telephone interview.
“We want companies to be able to decide when they should hire bilingual people.”
In addition to enhancing the visibility of French on posters and signs, The law also obliges companies to draft contracts of employment and other documents in French.
“That’s not doable. We have companies in Quebec doing businesses with companies all over the world,” Leblanc added while adding that French needs specific security measures.
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With a labor shortage in the food and fashion, Many stores are increasingly looking at students, including students from outside the province or the country, to help staff counters and stock shelves. There is a chance that some will remain and continue work after graduation. This door is likely to shut, as many of them do not have fluency in French, the store owner said.
The businesses affected vary from retail stores to more minor, multinational tech companies and large federal corporations.
The language office estimates Quebec has around 220,000 companies with between 25-49 employees.
Many more are employed by businesses that are subject to federal oversight. Former Crown corporations like Air Canada and Canadian National Railway Co. are covered by Federal law, the Official Languages Act, which makes them required to provide the services they offer either in English or French upon request. However, most federally regulated firms do not fall under the legislation, which dates to 1953.
In 2013, close to 135,000 workers in Quebec were employed at 1760 federally-regulated businesses that are not subject to provincial and national laws on language, according to a report of the national Innovation, Science and Economic Development department. In the future, everyone will be.
Even if the companies say they aren’t bound by provincial laws, a federal law proposed is designed to make sure that they comply.
It was reintroduced in March, following being introduced in June. The Liberals’ Bill 13 requires businesses that fall under federal jurisdiction but are not currently subject or governed by the Charter of the French Language or the federal Official Languages Act to either comply with Quebec’s rules regarding French at work or with a different regime that is which is slated for passage in Ottawa.
Litigation can be a cost to corporate accounts and time.
As of now, cases of non-compliance are dealt with by the company and the watchdog. There is the possibility of negotiating compliance timeframes. Bill 96 would change that procedure.
“Now any Quebec resident who feels that in an interaction with a business their rights under the Charter of the French Language have not been satisfied, they could make a claim for damages,” said Alexandre Fallon, a partner at the Osler the law firm in Montreal.
“Even if an agreement is reached with the regulator, private litigation could still ensue.”
Customer service experiences such as brochures, receipts, receipts, menus, packaging for products, and advertisements could be the foundation for an argument.
“Businesses small and large are very worried,” Fallon said.
“It upsets the environment of trust,” Sylvia Martin-Laforge, director of the Quebec Community Groups Network general.
Businesses groups that range from the Quebec Retail Council to the Quebec Manufacturers and Exporters and the Council of Canadian Innovators are seeking to have the government relax its rules, particularly concerning francization, to offer assistance to affected businesses and extend the deadlines for compliance.
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However, Giovanni Bisciglia, leader of the emerging Centrist Party of Quebec, which has contacted the provincial chief electoral officer to be authorized, wonders if the government of Premier Francois Legault can address the concerns of the concerned business owners.
“The anglophones are accusing the francophones, the francophones are accusing the anglophones. They’re making monsters of each other, claiming they’re victims of each other,” he added.