[ESTABLISHING A BUSINESS ENTITY IN CANADA] 86
contest is to be made available to participants in the Québec market. Québec Charter of the French Language The Charter of the French Language (Québec), as amended by Bill 96 ( An Act respecting French, the official and common language of Québec ) adopted on June 1, 2022, 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 came into effect as of September 1, 2022, with others to follow over the next three years. 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 request a translation of any decision rendered by any court or any quasi-judicial tribunal or body, from English to French or vice versa , at the government’s expense. 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 delivery trucks, which venture onto the territory of the Province of Québec (even if they are licensed elsewhere) must be in French; markings on products intended to be sold in Québec must be in French but may also be in another language; and software offered for sale in Québec must be available in a French version upon no less onerous conditions. The web site of any business conducted in Québec must operate in French, regardless of its head office location or where the web site is hosted or controlled, but may also operate in other
ILN Corporate Group – Establishing a Business Entity Series
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