ILN: Establishing A Business Entity: An International Guide

[ESTABLISHING A BUSINESS ENTITY IN CANADA] 83

(iii) selection of participants or distribution of the prize is not made on the basis of skill or on a random basis. As of October 27, 2023, Québec has abolished its rules governing publicity contests, however Québec’s French language laws continue to require that all contest rules, advertising and entry platforms be translated into French if the contest is to be made available to participants in the Québec market. Quebec is also in the process of amending its current legislation regarding consumer loans to reinforce credit disclosure and other requirements, to prohibit certain sales by itinerant merchants and further regulate others, and to create new tipping rules. Québec Charter of the French Language The Charter of the French Language (Québec)makes French the exclusive official language in the Province of Québec, although other languages (such as English) may be used in certain circumstances and under certain conditions. Several provisions not already in effect are scheduled to do so by 2025. Legislation and regulations are published in both French and English, and both versions have equal ranking. The Act now requires all legal persons to file all court pleadings in French, or in English with a certified French translation; however, the implementation of this provision has been suspended by the Quebec courts pending the outcome of a current legal challenge. Individuals and unincorporated entities may still use either language before the courts. Currently any party to legal proceedings may testify in English or French (or another language, with the aid of a court-appointed interpreter). Judges may render their decisions

in English, but a French translation is mandatory -. French is the official language of government, as well as all para-public organizations, including professional orders, and all Quebec parties dealing with them must do so in French; indeed, an adequate knowledge of French is a pre-requisite to professional certification. Employees have the right to work in French, and knowledge of another language cannot be made a prerequisite of employment or promotion, unless it can be justified by the nature of the person’s duties and functions; employers are required to use all reasonable means to fill the position without requiring a second language. Job offerings must be posted in French, and if also posted in another language, it must use the same method of transmission and reach the same public target of a proportionally comparable size. All written communications with Quebec staff, all training documentation and all employment applications must be provided in French, but the employment agreement may still be in another language at the request of the employee. As of June 1, 2025, all Quebec businesses having 25 (reduced from 50) employees must obtain a francization certificate attesting to their use of French in the workplace, which must be confirmed by triennial reports. Businesses employing 100 or more people must establish a francization committee composed of management and employees, with the mandate of ensuring French is used in the workplace. Publicity and advertising must be in French. Other languages may be used, provided that no inscription in another language is given greater prominence than that in French. For example: signage on the sides of motor vehicles, such as

ILN Corporate Group – Establishing a Business Entity Series

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