At the request of the company's management, give its opinion on the employer's practice of requiring a person to have knowledge or a specific level of knowledge of a language other than French in order to keep or obtain a position on the steps taken to avoid imposing such a requirement. (Video), Don't Lose Your Cover: The Dangers Of Naked Licensing And Trademark Abandonment, A Comparative Approach to Professional Secrecy and Attorney-Client Privilege in Criminal Proceedings, Momentous Developments in the Anti-Corruption and Anti-Money Laundering Landscape in Nigeria - A Guide for Businesses and Investors, David Zitzerman At The 2022 Playback Film Summit, IP Management Strategies For Universities And R&D Organisations, Mondaq Ltd 1994 - 2022. On June 1, 2022, Bill 96 received "Royal Assent," meaning it has been approved by the Lieutenant-Governor and has now become a law. On 13 May 2021, the Qubec government introduced "An Act respecting French, the official and common language of Qubec" (Bill 96), with an intent to better protect the French language and promote its use in the province of Qubec. Does it help newcomers learn and use the language? In addition, employers will be required to take reasonable steps to prevent such conduct and, if such conduct is brought to their attention, to make it stop[23]. Bill 96 proposes, among other things, to substantially amend the Charter of the French Language (the "Charter") by introducing new measures aimed at ensuring the prevalence of French in workplaces and by . Minimum wage in Ontario is not enough for residents to live comfortably in any region of the province according to a new report by the Ontario Living Wage Network (OLWN). , understood against the backdrop of Canadian constitutional history, Disability Provisions in Constitutions by Country. 1 The bill now requires a business offering goods or services to respect the right of consumers to be informed and served in French. Perhaps Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy, Stay up to date on the latest, breaking news, Quebec language reform Bill 96 adopted in National Assembly, Download our app to get local alerts to your device, Get the latest local updates right to your inbox, A prominent group of Montreal lawyers is mounting a legal offensive against Bill 96, Quebec's College of Physicians recommends masking in public as child respiratory infections surge, Hydro-Quebec employee arrested for allegedly selling trade secrets to China, College in Laval pauses classes, holds healing day after shooting and lockdown, First snowfall of the season expected this week in Quebec, CF Montreal stars dominate Canada World Cup squad, Woman dead after car plunges into Lachine Canal, Concordia University's public daycare lease to expire in July, Former Parti Quebecois MNA Harold LeBel testifies at sexual assault trial, Liberals mum on chance of meeting China's Xi at G20, push to further isolate Russia, Russia bans 100 Canadians including Margaret Atwood, Jim Carrey, Ontario's top doctor 'strongly' recommends masking indoors, Jeff Bezos says he will give most of his money to charity, Ontario government missing during 'Freedom Convoy' in Ottawa, inquiry hears, Russia's Lavrov left hospital in Bali after 'checkup': officials, John Aniston, star of 'Days of Our Lives,' dead at 89, This is how much Ontarians have to make per hour in each region to cover living costs, N.B. This amendment came into force on June 1, 2022[43]. Furthermore, previously, a company that was required to adopt a francization program within its company had to submit reports to the Office on the implementation of its program every 24 months, in the case of a company that employed fewer than 100 persons and every 12 months in the case of a company that employed 100 or more persons. If this is not a slippery slope, what is? The County of Essex is once again requiring that masks be worn in county facilities. Despite the controversy, Bill 96's revision of the Charter of the French Language is expected to become law by the end of the week during a final vote in the National Assembly. 114 of Bill 96 which replace art. Bill 96 prohibits an employer from imposing sanctions or reprisals against an employee, in particular, for any of the following reasons[17]: Bill 96 also establishes a new process for complaints against employers under the authority of the Commission des normes, de l'quit, de la sant et de la scurit du travail (the CNESST). Bill 96 also adds new requirements regarding the dissemination of job offers. But forget the French-English argument, thats not the important point. the expected amendments to the regulation will change this. Despite Section 51, on a product, a registered trademark within the meaning of the Trademarks Act (Revised Statutes of Canada, 1985, Chapter T-13) may be drawn up, even partially, only in a language other than French where no corresponding French version . The Bill proposes taking away the bilingual status of any municipality that does not have a population of . [39] See art. However, if a generic term or a description of the In the real world, limiting educational opportunities in English for French-speakers means limiting their life prospects, both in terms of their own qualifications as well as what might be offered in the global economy. This government needs to be held to account for its fascistic tendencies. The festivities leading up to the 109th Grey Cup in Regina have begun. Any persons who believe that they have been the victim of a prohibited practice will be able to file a complaint with the CNESST within 45 days of the event[18]. Notably, Bill 96 will also see the Quebec government unilaterally amend the Canadian Constitution to entrench its rights as a "nation.". products/services covered by an application are from the These amendments came into force on June 1, 2022[25]. The PDF documents on this page are identical to the printed version. In addition, if the offence continues for more than one day, each day will be considered as a separate offence, which will have a multiplying effect on the amount of the fine[51]. "We don't have to give moral support to something that is misleading," he said, noting the main issue has been the government's refusal to extend Bill 101 to CEGEPs. In 2021, the Qubec government introduced Bill 96, An Act respecting French, the official and common language of Qubec 1 (Bill 96), a concerted effort by the current government to significantly strengthen French language laws in the province. French" requirement. Public hearings on the reform of Bill 101 ended on Thursday, after some 50 groups were heard over a three-week period. On May 24, 2022, the Qubec National Assembly voted to pass Bill 96, An Act respecting French, the official and common language of Qubec, which amends the Charter of the French Language (the Charter). 42 of the Charter. It amend's Qubec's Constitution. The site of an explosion in Regina is still considered 'unstable' as crews continue to investigate the cause of the blast. However, Bill 96 requires the committee to ensure that minutes are taken at each meeting, which must then be transmitted to the companys management and to the Office[32]. First it was the anti-hijab/kippah law, and now its the anti-anglo regulations. buildings, the current "sufficient presence of French" The distinct society clause bears a striking resemblance to the proposed s . Again, I'm not a lawyer; but I fail to see how the bill's wording threatens the federation. Bill 96 illustrates that the determination to preserve French through legislation creates a positive relationship between globalization and the intensity of language legislation. But with 2022 being an election year, Bill 96 is part of a bigger CAQ plan to firm up its standing as the main nationalist party. 207 of the Charter. PQ Leader Paul St-Pierre Plamondon argues Bill 96 acknowledges the decline of the French language in Quebec but does not offer the necessary measures to ensure its sustainability. In particular, Bill 96 requires that companies with more than 25 employees (instead of more than 50 employees under the current legislation . sign outside a building, there is a requirement to include, in a trademark), may appear on products, commercial publications or or in French and another language if French is "markedly More specifically, if they commit an offence under the Charter, directors and officers will be subject to a fine of $1,400 to $14,000[47]. . Designate a representative to the Office; Ensure that the analysis of the linguistic situation is carried out, including the drafting of a report setting it out; See to the development of the francization program that companies must adopt, supervise its implementation and, where necessary, see to the preparation of a report on it; Ensure that the use of French remains generalized within the company and see to the drafting of the three-year report; and. The Charter already grants the Office the powers and immunity of commissioners appointed under the Act respecting Public Inquiry Commissions (except the power to order imprisonment). 81 of Bill 96 which amends art. 37 of Bill 96 which amends art. The testimony provided a portrait of fundamental legislative changes, in addition to raising some important fears, but Bill 96 did not raise the debates of yesteryear. 143 of the Charter. City council is set to receive an update at a meeting Monday night about the transition to a municipal force. The time limit for completing and transmitting the francization program to the Office will be reduced from six (6) to three (3) months following receipt of the notice[38]. corresponding French version appears in the register kept according Language (RLRQ c C-11), thus making the use of the French language Windsor police have arrested a 31-year-old Windsor man on charges of sexual assault and sexual exploitation of a minor. Bill 96 seeks to unilaterally change the Canadian Constitution to affirm Quebec as a nation and French its official language. examination time to about 21 months, thus increasing the likelihood On May 24, 2022, the National Assembly of Qubec adopted Bill 96, called " An Act respecting French, the official and common language of Qubec ". Bill 96, which was adopted on 1 June 2022, Should an employer not be able to make this demonstration, the requirement to have knowledge, or a specific level of knowledge, of a language other than French will be considered a prohibited practice under the Charter, which can generate a claim in damages[15]. In other words, changing the relative status of the French and English languages in a province constitutes an amendment to the Constitution of Canada, . Sean Chu's time as deputy mayor. 47 of the Charter. More worrisome is the kind of state that this bill envisions, the kinds of state power it would impose. the public (eg, signs, posters and billboards) must be in French, Although Quebec legislators insist that Bill 96 won't affect the right to receive health care in English, Quebec doctors have warned of certain "gray zones" in the law, meaning that the. permission from the publisher. We need this to enable us to match you with other users from the same organisation. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. This amendment came into force on June 1, 2022[31]. the province. Jonathan Laine is a resident of Wakefield, Quebec. If no settlement is reached, the complaint will be referred to the Tribunal administrative du travail[20]. 140 of the Charter. These amendments came into force on June 1, 2022[22]. Mondaq Ltd 1994 - 2022. other than French unless a French version of the mark has been Snowfall warnings that were issued for parts of northern New Brunswick Monday morning are no longer in effect. Amazon founder Jeff Bezos plans to give away the majority of his US$124 billion net worth during his lifetime, telling CNN in an exclusive interview he will devote the bulk of his wealth to fighting climate change and supporting people who can unify humanity in the face of deep social and political divisions. trademark is registered within the meaning of the Trademarks Act registered (the "recognized trademark" exception). 85 of Bill 96 which amends art. From now on, when a job offer will be posted by an employer in a language other than French for the purpose of filling a position (including by recruitment, hiring, transfer or promotion), the employer will have to ensure that both the French and English versions of the offer be disseminated simultaneously and by the same means of transmission and reaching a targeted audience of comparable size[8]. Bill 96 is bad for Quebec, bad for the Quebecoise, and bad for Canada. With regards to public signage and commercial advertising, the Bill 96 was voted through by members of the province's National Assembly at 78-29, with the Liberal Party and Parti Quebecois voting against it. This additional requirement for 139 of the Charter. premises, French must be markedly predominant where such a 46 of the Charter (please note that this amendment was made during the detailed study in committee). Bill 96 clearly states that in order for a student to apply for enrolment in a Quebec English CEGEP, they must have attended both elementary and secondary schools offering English education. A southwestern Newfoundland community already overwhelmed by the destruction wrought by post-tropical storm Fiona is now dealing with flooding after a weekend of heavy rainfall. registered trademarks, for inscriptions on products, on public On June 1, 2022, the Qubec National Assembly passed Bill 96, An Act respecting French, the official and common language of Qubec, introducing significant changes to the Charter of the French Language and other laws. 114 of Bill 96 which replaces art. [8] See art. There are four major items that particularly impact English colleges in Bill 96 : Fixed Cap on Admissions. If passed, Bill 96 would: describing the nature of the business) will be replaced by the more 46 of the Charter. Family and friends of a 41-year-old man who was shot and killed Saturday morning gathered a day later for a vigil in the area where he died. 79 of Bill 96 which amends art. 37 of Bill 96 which amends art. French version appears in the register kept according to that province of Qubec through the Charter of the French However, some will come into force at a later date. Formally titled "An act respecting French, the official and common language of Quebec," Bill 96 would add to Canada's constitution two clauses stating that "Quebecers form a nation;" and that. However, Bill 96 broadens the Office's authority to order that a francization committee be formed in companies employing 25 to 49 persons, whereas previously it could only do so for companies employing 50 to 99 persons. In its brief presented to parliamentarians by Quebec Bar Association president Catherine Claveau as part of the consultation on Bill 96, the Bar says it believes there is a "high risk of legal. [36] See art. "recognized trademark" to inform consumers and passers-by 136 of the Charter. Online music service ("OMS") providers scored a win on July 15, 2022, with the Supreme Court of Canada ("SCC") decision in Society of Composers, Authors and Music Publishers of Canada ("SOCAN") Divisional application filing formalities are much more flexible in Canada than in many countries. Personally, I am not of that political persuasion, but I always thought that many Quebecois were. visual plane as the sign and with the same visibility as the [9] See art. Under Bill 96, English-speaking CEGEP students will be forced to take a total of five French-language courses in order to graduate, up from the previous three. Besides providing a list of the francization committee members to the Office, Bill 96 states that this list will have to be circulated among the companys staff, through signs and posters or by any other means deemed appropriate by the companies[34]. On Friday, TVA Nouvelles reported that starting Sunday the. By using our website you agree to our use of cookies as set out in our Privacy Policy. Enter at any reasonable hour, at any place, other than a dwelling, where an activity governed by the Charter is carried on, or any other place where documents or other property to which the Charter applies may be held; Take photographs of the place and the property therein; Cause any person present who has access to any computer, material or other equipment on the premises to use it to access data contained in any electronic device, computer system or other media or to verify, examine, process, copy or print such data; and, Require any information relating to the application of the Charter or its regulations and the communication, for examination or reproduction, of any document relating thereto. The party argues Bill 96 lacks teeth, including when it comes to the bilingual status of municipalities and the lack of indicators to measure the progress made. Respect the new requirements of the francization process, including the relevant deadlines. But does Bill 96 actually protect French in Quebec? Bill 96 further ingrains systemic racism. Training documents created for the employees. or in French and another language provided that the inscriptions in permanent fashion, generic terms, slogans and/or other indications Chief Medical Officer of Health Dr. Kieran Moore is now strongly recommending that Ontarians resume masking in all public indoor settings amid what he is calling a triple threat of respiratory viruses RSV, flu and COVID-19. Bill 96 also clarifies the role and responsibilities of the francization committee by listing the various obligations it must meet[36]. product" means. Do we want to live in a nation where je me souviens means remembering when we had personal choice, dignity and mutual accommodation? The Charter also provides specific powers to the person making an inspection to ensure its enforcement (including the power to enter at any place open to the public and to examine any product or document and make copies). Meadow Lake RCMP are looking for information from the public about a suspected homicide on Saturday in Waterhen Lake First Nation. The amount of the fine may be doubled for a second offence and tripled for any additional subsequent offence[50]. Meanwhile a local teachers union wishes Dr. Kieran Moore would take more decisive action. 37 of Bill 96 which amends art. [38] See art. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Three teens from Wawa, Ont., are facing criminal charges after a fight in the small northern Ontario town Friday night, police say. On May 24, 2022, the National Assembly of Qubec passed Bill 96, An Act respecting French, the official and common language of Qubec ("Bill 96"), which is amending the Charter of the. 35-36 of Bill 96 which amends art. the other language are not given greater prominence than the 146.1 and 146.2 to the Charter. A lockdown at Stratford District Secondary School has been lifted. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. their packaging and accompanying documentation (eg, instruction Bill 96 also provides for a new complaint process that will allow employees who believe they have been victims of such conduct to file a complaint with the CNESST within two (2) years of the date of the last incidence of the offending behaviour[24]. establishment in the province of Qubec and, in certain The Charter already states that an employer must provide communications to its employees in French, as well as offers of employment or promotion. Ontario Court of Appeal Provides Guidance on Applicable Test, Reviewing the 2022 Fall Economic Statement and Other Announcements, Ten Key Considerations for Growth Equity Investments in Canada: Part 2, Individual employment contracts. Bill 96, adopted by Qubec's National Assembly in May 2022, brings significant amendments to the Charter of the French Language that will affect all businesses with operations or employees in the province. These new requirements came into force on June 1, 2022[4]. [13] See arts. And all of this is justified under the Constitutions notwithstanding clause, which shields it from judicial oversight? This period will be reduced from six (6) months to three (3) months following the date of issuance of the registration certificate[28]. OTTAWA Quebec's legislature on Tuesday passed a law to reinforce the primacy of the French language, limiting access to public services in English and enhancing government powers to enforce. 138 of the Charter. The proposed language restrictions will limit investment (and hence opportunity) in Quebec and consign it to a backwater status internationally. The Bill also states that companies must inform and serve consumers in French. In addition, for inscriptions on products, if the registered We have temporarily suspended shipments to Quebec, Canada due to Bill 96, which requires French language support across all sales and marketing touch points. 46 and add art 46.1 to the Charter. These amendments came into force on June 1, 2022[52]. the Office qubcois de la langue other language). commerce and business. [46] See art. Members of the Quebec Liberals (PLQ) say they plan to vote against the bill as it goes too far, undermining the rights of anglophones. The Party pledges unconditional, unequivocal opposition to Quebec's Law 21, Law 40 and Bill 96. 2022 We will also examine the new powers of the Office Qubcois de la langue franaise (the "Office . Entrepreneurs will sometimes say that they have "registered their invention" or obtained a patent to "protect a product against copies". public signs and commercial advertising exclusively in a language commerce and business and, more specifically, on the Russian Foreign Minister Sergey Lavrov visited and later left a Bali hospital ahead of the Group of 20 summit being held on the island, Indonesian authorities said Monday. The first immediate change following its adoption in the legislature involves the bill's preamble and the Canadian Constitution. The French language holds the status of official language in the province of Qubec through the Charter of the French Language (RLRQ c C-11), thus making the use of the French language. After more than a year of revisions and amendments, here is a timeline of the entry into force of the new provisions following its assent at a ceremony to be held at the Lieutenant-Governor's office on June 1. This post is a follow-up to two initiatives taken by our Employment and Labour Group regarding Bill 96[1], as well as the post published by our firm regarding the business impacts of Bill 96, which is available here. 80 of Bill 96 which adds art. This article was originally published on May 26, 2022 and has been updated to reflect the Bill received assent on June 1, 2022. This week, Quebec's parliament passed Bill 96, " An Act respecting French, the official and common language of Qubec .". of the nature of the business. product. In addition, where a legal person or an agent, mandatary or employee of a legal person commits an offence under the Charter, Bill 96 provides that the director of the corporation will be presumed to have committed the offence unless such director establishes that he or she exercised due diligence by taking all necessary precautions to prevent the offence[48]. Brand owners should be aware that the current examination time Despite Section 58, on public signs and posters and in [51] See art. 205 of the Charter. We will also examine the new powers of the Office Qubcois de la langue franaise (the Office) with respect to investigation and inspection, as well as the new applicable fines in case of an offence under the Charter. Ontarios top doctor is urging people to wear masks in public indoor settings, but stopped short of making the face coverings mandatory at a press conference Monday. [12] See art. Quebec released its Act respecting French, the official and common language of Qubec Bill 96 on May 13. CAQ government minister responsible for French, Simon . This article, "Bill 96 and its impact on the French-language [21] See art. franaise (the body in charge of enforcing the charter Please note that the employer may communicate in writing with an employee in a language other than French if the employee made a specific request to that effect; Documents relating to conditions of employment; and. 139 of the Charter. predominant", which means that the French language must have a The content is [30] See art. general rule is that any message displayed in a place accessible to Here's a closer look at how Bill 96 would affect stores and businesses in the province. [34] See art. Statutes of Canada, 1985, Chapter T-13) may be drawn up, even As next steps, in order to comply with the new requirements set forth in the Charter, employers should: [1] Conference given at the Quebec Bar Foundation on March 22, 2022 (French Only) and previous post published on May 28, 2021. 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