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19 October 2020
The Quebec government adopted the Charter of the French Language (RSQ c C-11) (the French Charter) in 1977 to protect the French language.(1) The French Charter gives the French language the status of an official language in Quebec, thus making its use mandatory in all spheres of public life in the province, including commerce and business.(2)
Generally speaking, the French Charter applies to businesses with an establishment in the province of Quebec (this includes a PO box). In certain circumstances, it also applies to businesses which sell their goods or perform their services in Quebec, without them necessarily needing to be established there.
The French language requirements for commerce and business are divided into three categories:
Simply put, the French language must be used on products, in commercial publications and in commercial advertising. An exception to this rule is the 'recognised trademark' exception, which provides that recognised trademarks need not be translated into French unless a French version of the mark is registered.
The Office Québécois de la Langue Française (OQLF) is in charge of enforcing the French Charter and its regulations. The OQLF has the power and authority to investigate a violation of the French Charter and to refer the matter to the director of criminal and penal prosecutions who, in turn, may take action against an offender in the Court of Quebec and ultimately impose a fine.
For further information on this topic please contact Stéphanie Girard at Smart & Biggar by telephone (+1 514 954 1500) or email (email@example.com). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
(2) This article is the first in a series which examines the French language requirements for commerce and business in the province of Quebec and provides practical guidance on how brand owners can navigate these requirements. The series will cover the following topics in more details, including tips and strategies:
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