“Quebec companies have to be able to hire bilingual employees and offer services in English to clients outside Quebec.”
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The imminent passing of a bill to update Quebec’s language laws is worrying the business community because of the increased costs it might bring.
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Bill 96 will impose stricter regulations on small businesses and for organizations under federal jurisdiction like banks and telecommunication companies. Tens of thousands of businesses would no longer be exempt from the Charter of the French Language.
The bill would require francisation for all companies with at least 25 employees, reducing the threshold from 50. It also gives the Office québécois de la langue française the power to investigate any internal or public complaint. The OQLF could require a francization committee to be created in any company of 25 to 100 employees.
An article would require employers to take “reasonable measures” to avoid requiring employees to know any language but French. The current charter allows an employer to require proficiency in other languages if “the nature of the duties requires such knowledge.”
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Various employer and business associations are worried the bill could harm the economy, particularly exports, and fear another exodus of enterprises.
“Quebec companies have to be able to hire bilingual employees and offer services in English to clients outside Quebec,” said Michel Leblanc, president of the Chamber of Commerce of Metropolitan Montreal. “We hope the companies can determine themselves when they want to hire bilingual personnel.”
The bill would also impose the use of French in various documents like employment contracts.
“It’s not reasonable,” Leblanc said. “Many Quebec companies do business with other companies around the world.”
Leblanc said he understands the French language needs some protection. But he noted more companies want to hire students, many of whom come from outside the country, and this bill would close the door to them because they don’t speak French well enough.
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The OQLF estimates there are about 20,000 companies with 25 to 49 employees.
Companies are also worried about potential litigation. Currently, to respect the charter leads to failure negotiations with the OQLF. Bill 96 changes the process and allows Quebecers to sue, said Alexandre Fallon, partner with the Osler law firm. “Even if a deal is reached with the regulator, private lawsuits can be launched,” he said.
Interactions with customer service, bills, brochures, packaging, menus or ads could be the subject of such lawsuits.
“Small and large businesses are very worried,” Fallon said.
Various groups like the Conseil québécois du commerce de détail, Manufacturiers et Exportateurs du Québec and the Council of Canadian Innovators have asked the government to soften some rules, particularly relating to francisation.
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