{"id":20369,"date":"2025-05-29T12:00:48","date_gmt":"2025-05-29T16:00:48","guid":{"rendered":"https:\/\/www.bernierfournieravocats.com\/?p=20369"},"modified":"2025-06-26T15:26:35","modified_gmt":"2025-06-26T19:26:35","slug":"is-your-sme-ready-for-bill-96s-french-language-requirements","status":"publish","type":"post","link":"https:\/\/www.bernierfournieravocats.com\/en\/publications\/2025\/05\/29\/is-your-sme-ready-for-bill-96s-french-language-requirements\/","title":{"rendered":"Is Your SME Ready for Bill 96’s French Language Requirements?"},"content":{"rendered":"

June 2025 will mark the third anniversary of the adoption of the Act respecting French, the official and common language of Qu\u00e9bec<\/em> (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.<\/p>\n

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The Francization Process<\/h3>\n

Currently, in Quebec, any company employing 50 or more people for at least six months must register with the Office qu\u00e9b\u00e9cois de la langue fran\u00e7aise<\/em> (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<\/sup>.<\/p>\n

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<\/sup>.<\/p>\n

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<\/em> (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<\/sup>. 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.<\/p>\n

Use of Trademarks<\/h3>\n

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<\/em>, 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<\/a> (hereinafter the “CIPO”)4<\/sup>.<\/p>\n

Markings on Products<\/h4>\n

Regarding markings on products, the general rule established by the Charter<\/em>\u00a0provides 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<\/sup>” 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<\/sup>.<\/p>\n

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 \u2013 that is, a mention describing the characteristics or nature of a product \u2013 the new measures stipulate that a translation of it into French must appear on the products or on a medium permanently attached to them7<\/sup>.<\/p>\n

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:<\/p>\n