FEATURE
BILL 96
A Quebec Act Compelling All Business Contracts To Be Drafted In French
BY JEAN-FRANÇOIS BILODEAU
O
n June 1, 2022, Bill 96, an Act respecting French, the official and common language of Québec1 came into force to modify the Charter of the French Language.2 The application of certain provisions relating to the use of French in contracts with the Government was delayed until June 1, 2023. The main impact of the amendments is to require all contracts entered into with the Quebec government, the civil administration and governmental agencies to be drafted in French. The Act also applies to contracts for goods and services offered to private businesses and rendered in Quebec. In particular, companies providing underwater cable installation or repair services connecting the Province of Quebec through the St. Lawrence River, the Gulf of St Lawrence, the Hudson, James and Ungava Bays as well as in the Hudson Strait are likely to be impacted by the new legislation. The Act is divided in chapters and we are interested in the provisions of the “Language of the Civil Administration” and on the “Language of Commerce and Business.” However, before reviewing the Act, we will consider the reasons for its adoption for the mandatory use of French in contracts entered in Quebec.
million and that of Canada was 38.24 million for a total of 370 million inhabitants. At that time, the population of the province of Quebec was 8.5 million but 6.8 million used French as its language. The Quebec government has from the beginning of the 20th century taken measures to protect the use of French as it is impacted by the economic weight of the English culture and commercial might. In recent years, the growth of the population did not come through natural birth but rather from immigration to the tune of 45,000 people per year in Quebec. Studies published in 2020 have demonstrated that English is used in the working environment by 2 out of 3 persons in the Montreal area where most of the immigrants settle.3 The government believes that immigrants and other individuals living in the area are drawn to use English in their working environment. In order to reverse the trend and impress upon immigrants that the language of business and commerce ought to be French, the government adopted in 2022, the Act respecting French, the official and common language of Québec. We shall now see how its provisions will support the political endeavour to promote the use of the French language in Quebec.
THE ORIGIN OF THE CHARTER OF THE FRENCH LANGUAGE AMENDMENTS
THE LANGUAGE OF THE CIVIL ADMINISTRATION
In 2021, the population of the United States was 331,9
1 2022., c. 14 2 L.Q. C-11
60 SUBMARINE TELECOMS MAGAZINE
Prior to the amendments of 2022, section 21 of the Charter of the French Language (the “Charter”) provided 3 Studies published in 2021 by the Quebec French Language Board (Office québécois de la langue française - OQLF)