National Assembly committee adopts clauses subjecting more companies to language law

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QUEBEC — Two controversial clauses extending the Charter of the French Language to small businesses and federally-chartered companies in Quebec have moved closer to becoming law.

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The legislature committee examining Bill 96 overhauling the charter clause-by-clause unanimously endorsed the section covering federal companies Wednesday.

And late the day it backed the clause saying small companies, with 25 to 49 employees, should be subject to Bill 101. The Liberal opposition opposed the section on small businesses but the Coalition Avenir Québec MNAs used their majority to push it through.

Quebec’s business lobby also spoke against the new rules when it appeared before the committee during public hearings into Bill 96. They said it will mean more paperwork and complications for them and could drive business out of Quebec.

Simon Jolin-Barrette, the Minister Responsible for the French Language, described the decision on the federal businesses as a great victory for Quebec workers and warned companies like Air Canada that they had better prepare for the day the law is adopted in its entirety.

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“The language regime which must apply in Quebec is Bill 101,” Jolin-Barette told the committee shortly after the vote. “Quebec workers have the right to work in French and all have the same rights; regardless of whether they work for a company under federal jurisdiction or Quebec jurisdiction.

He went on to say that given the decline of French which is in “peril” in the workplace, “it is completely legitimate for the Quebec nation” to ensure workplaces in Quebec operate in French.

Subjecting federally-chartered companies like banks and Via Rail to Quebec’s workplace language laws is one of the most controversial clauses of the densely-worded 200-article bill.

Ottawa, however, says it has its own formula for improving the level of French in the workplace and says companies in Quebec will have a choice of applying Bill 101 or to making use of the new Use of French in Federally Regulated Private Business Act which is included in reforms to the Official Languages ​​Law, Bill C-13, tabled in March.

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Both C-13 and Bill 96 are before committees of their parliaments and not yet law. The CAQ wants Bill 96 adopted before the legislature recesses for the summer.

“Our government will assume its responsibilities and ensure that companies under our jurisdiction contribute to the effort to protect French undertaken by the government of Quebec and francophone communities,” said Marianne Blondin, press secretary to the federal minister of official languages ​​Ginette Petitpas Taylor.

Jolin-Barrette noted in many cases, federally-chartered companies have volunteered to apply language laws before the adoption of Bill 96. Quebec’s Quebec office of the langue française offers its own assistance and guidance to companies wanting to apply the law, he said.

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“So I invite companies like Air Canada to subject themselves to the rules now because following the sanctioning of Bill 96, the law will apply,” Jolin-Barrette said.

Skeptical that some companies will opt for the federal law, which he believes is less stringent than Bill 101, the Parti Québécois member of the committee, Pascal Bérubé, challenged Jolin-Barrette to produce the list of companies that have voluntarily complied.

Bérubé warned Jolin-Barrette he can hope all he wants that federally regulated companies apply Bill 101 but he has no guarantee that will happen.

“The federal government has not abdicated its responsibilities,” Bérubé said. “When I hear minister Petitpas-Taylor, with all her powers from her, say ‘no, the federal law will take precedence,’ what am I to think?”

Ottawa estimates the new protections would apply to about 75,000 federal workers — employees of federal companies that do not currently apply Bill 101 to their operations. That is about 1.7 per cent of the total workforce.

The committee examining Bill 96 will pursue its work Thursday.

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