Is Your SME Ready for Bill 96’s French Language Requirements?
June 2025 will mark the third anniversary of the adoption of the Act respecting French, the official and common language of Québec (hereinafter “Bill 96”). As of June 1, 2025, several new measures will come into effect, strengthening the use of French in many sectors of Quebec society and significantly impacting the commercial activities of businesses. This article will outline the new linguistic requirements that businesses must comply with to avoid legal penalties, particularly regarding the use of trademarks and the francization process for companies with 25 or more employees.
The Francization Process
Currently, in Quebec, any company employing 50 or more people for at least six months must register with the Office québécois de la langue française (hereinafter the “OQLF”) within six months of the end of that initial six-month period. As of June 1, this obligation will also apply to companies employing 25 or more people1.
Once a company registers with the OQLF, it must, within three months of the date of issuance of the registration certificate, conduct an analysis of its linguistic situation regarding the use of French in its general operations and internal and external communications. The relevant information must then be submitted to the OQLF2.
Following receipt of the Linguistic Situation Analysis Form, the OQLF will assess whether the use of French is generalized at all levels of the company, using the criteria provided in section 141 of the Charter of the French language (hereinafter the “Charter”). It may issue one of two decisions: either grant the company a francization certificate if it is compliant, or advise the company that it must develop and adopt a francization program if it is not3. If the company properly implements the francization program approved by the OQLF and French is generalized at all levels, the OQLF may issue the francization certificate.
Use of Trademarks
Beyond the francization process, new linguistic requirements will be in effect regarding the use of trademarks by companies in public display and on product markings. These new measures will primarily impact companies that use a “recognized” trademark, within the meaning of the Trademarks Act, written in a language other than French. By “recognized” trademark, the regulations refer to trademarks that are registered or not in the trademarks register maintained by the Canadian Intellectual Property Office (hereinafter the “CIPO”)4.
Markings on Products
Regarding markings on products, the general rule established by the Charter provides that “any inscription on a product, its container or packaging, or on a document or object accompanying the product must be written in French.5” The Charter also provides for the possibility of including one or more inscriptions in another language alongside the French text, provided that the latter does not override the French6.
In accordance with the new measures coming into effect on June 1, companies will be able to display a “recognized” trademark written in a language other than French on their products. However, this exception will not apply if a corresponding French version of the trademark is found in the CIPO register. Furthermore, if a “descriptor” or “generic term” is visible on the trademark – that is, a mention describing the characteristics or nature of a product – the new measures stipulate that a translation of it into French must appear on the products or on a medium permanently attached to them7.
The Quebec government is granting a grace period to certain companies, giving them until June 1, 2027, to sell or distribute their products that do not comply with the new regulations. To benefit from this grace period, the products must meet one of the following conditions:
- Having been manufactured before June 1, 2025, provided that, as of June 26, 2024, no French version of their trademark recognized within the meaning of the Trademarks Act8 has been filed;
- Having been manufactured between June 1, 2025, and December 31, 2025, provided that they are covered by the new labeling standards provided by the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labeling Provisions, Vitamin D and Hydrogenated Fats or Oils)9 or by the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods)10.
In short, you may benefit from a grace period, provided that you comply with the conditions strictly defined in the legislation.
Public Display
According to the Charter, as with product markings, the general rule is that “public signs and commercial advertising must be in French.11” However, it also provides for the possibility that signage and advertising may be in both French and another language, provided that French is markedly predominant12.
Also as of June 2025, new measures will apply to the use of trademarks written in a language other than French in public signs visible from outside premises. Indeed, if no French version of the trademark is filed in the CIPO register, such a trademark may be affixed to public signage if it includes a clear predominance of French13. This clear predominance of French will be assessed based on the importance of the visual impact of the text written in French compared to that of the visual impact of the text written in another language. In order to meet this last criterion, two conditions must be met for the same visual field:
- The total space devoted to French visible from outside the business is at least two (2) times greater than that allocated to the trademark in another language; and
- The legibility and permanent visibility of the text in French are at least equivalent to that of the text written in another language14.
Key Takeaways
In summary, any company employing 25 or more people must comply with the rules regarding public display and obtain a francization certificate from the OQLF in a timely manner. In addition, companies using a trademark written in a language other than French will need to review the packaging of their products to comply with the new requirements of Bill 96.
For any questions regarding compliance with Bill 96, the Bernier Fournier team remains at your disposal. Our firm has the expertise and resources necessary to effectively assist you in your francization process.
Written with the collaboration of Marc-André Fournier, Law Intern.
1 Charter of the French Language, RLRQ, c. C-11, s. 139, al.1.
2 Id., s. 139, al. 3.
3 Id., s. 140 and 141.
4 Règlement modifiant principalement le Règlement sur la langue du commerce et des affaires, (2024) 156 G.O. II 4364.
5 Charter of the French Language, prec., note 1, s. 51, al. 1.
6 Id., s. 51, al. 2.
7 Id., s. 51.1; Regulation respecting the language of commerce and business, RLRQ, c. C-11, r. 9, s. 27.2.
8 Trademarks Act, R.S.C. 1985, c. T-13.
9 Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils), DORS/2022-168.
10 Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods), DORS/2022-169.
11 Charter of the French Language, prec., note 1, s. 58, al.1.
12 Id., s. 58, al. 2.
13 Id., s. 58.1, al. 2.
14 Regulation respecting the language of commerce and business, prec., note 7, s. 27.4 à 27.6.