Employer Obligations Under the Charter of the French Language Coming Into Force on June 1, 2025

On June 1, 2025, new obligations under the Charter of the French Language (the “Charter”), enacted through Bill 96, will take effect. Bill 96, which came into force in June 2022, extends francization requirements effective on June 1, 2025 to businesses with 25 or more employees, a threshold previously set at 50 employees. These changes are intended to reinforce the use of French as the normal and everyday language of work in Quebec.

Employers subject to these new requirements must ensure timely compliance to avoid administrative and penal sanctions. Below is an overview of the key obligations for employers under the Charter coming into force in June 2025 and the potential consequences of non-compliance.

New Francization Requirements for Employers with 25 or More Employees

Step 1: Registration with the Office

As of June 1, 2025, businesses with 25 or more employees on average over a period of six consecutive months will be required to register with the Office québécois de la langue française (the “Office”) by submitting a registration form to the Office. Once the registration form is submitted and reviewed, the Office will issue a certificate of registration.

Step 2: Analysis of the Linguistic Situation

Within three months of receiving the certificate of registration, the business must conduct an internal evaluation using the Office’s linguistic situation analysis form. The purpose of this evaluation is to determine the extent to which French is used in the business’s operations. For instance, the business must report on:

• The use of French in internal communications, including emails, memos, and meetings.
• The language used in work tools, such as software, databases, and IT systems.
• The language used in external communications, including interactions with customers, suppliers, and government entities.
• The availability of French-language training materials and employment documentation.
• The use of French in job postings, contracts, and commercial documents.

After reviewing the linguistic situation analysis form, the Office will determine whether the use of French is sufficiently generalized within the company. If the Office finds that French is generalized, the business will not be required to implement a francization program and will proceed directly to Step 4 (Certification and Compliance Monitoring). If the Office finds that French is not sufficiently used, the business will be required to implement a francization program.

Step 3: Implementation of a Francization Program (If Required)

If the Office determines that French is not sufficiently used at all levels of the company, the business must develop and submit a francization program.

A francization program must ensure that:

• Senior officers, directors, and professional staff possess a sufficient knowledge of French.
• French is the primary language of work and internal communication.
• Work documents and tools are available in French, including policies, training materials, and IT platforms.
• French is used in external communications, including interactions with clients, suppliers, and the public.
• French terminology is adopted and used consistently in business operations.
• French is prominently used in public signs, posters, and commercial advertising.
• Appropriate hiring, promotion, and transfer policies are implemented to ensure French language proficiency.

Once the francization program is developed, it must be submitted to the Office for approval within three months of receiving the Office’s request. A francization advisor assigned to the business will review the program and may request modifications before approval.

Upon approval, the business must:

• Implement the francization measures according to the approved timeline.
• Inform employees of the francization program and its objectives.
• Conduct periodic reviews of progress and address any deficiencies.
• Submit an annual report to the Office detailing compliance efforts.

Step 4: Certification and Compliance Monitoring

Once the Office determines that French is sufficiently generalized throughout the business, it will issue a francization certificate. This certification confirms that the business has fulfilled its obligations under the Charter.

Businesses holding a francization certificate must ensure that French remains generalized in their workplace. To maintain compliance, businesses must:

• Submit a triennial report to the Office every three years, outlining the continued use of French in their operations.
• Implement a remedial action plan if the Office determines that French usage has declined.

Non-Compliance with the Charter and the Francization Process

If a business fails to comply with its francization obligations, the Office may issue an order requiring the business to undertake one or more corrective actions within a specified timeframe. Failure to comply with an order may result in administrative and penal sanctions, including:

• Fines ranging from $3,000 to $30,000 for each offence. Note that fines double for a second offence and triple thereafter. If the offence persists for multiple days, each day may be considered a separate offence, accruing fines accordingly.
• Personal liability for directors and officers, with fines ranging from $1,400 to $14,000.
• Suspension or revocation of the francization certificate.

Reminder Regarding Other Obligations Under the Charter Applicable to Employers

In addition to the francization requirements coming into force on June 1, 2025, employers with employees in Quebec, regardless of the number, remain subject to several other obligations under the Charter, many of which were strengthened by Bill 96 starting on June 1, 2022. These obligations include requirements related to employment documentation, workplace communications, recruitment and hiring practices, and employee rights with respect to French language.

Employers must ensure that offers of employment, transfer, and promotion, as well as individual employment contracts, including contracts of adhesion, are provided in French. Additionally, all written communications sent to employees, unless an employee specifically requests otherwise, must be provided in French. Documents related to conditions of employment, such as employee handbooks, workplace policies, and compensation plans, must also be made available in French, along with training materials and group agreements. If an English version of any of these documents exists, the French version must be equally comprehensive and accessible.

With respect to recruitment and hiring practices, employers cannot require knowledge of a language other than French unless they can demonstrate that the position requires it. To justify such a requirement, the employer must establish that (1) the duties of the position require knowledge of another language, (2) reasonable efforts were made to avoid imposing this requirement, and (3) existing employees with the necessary language skills could not fulfill the role or tasks in question. Additionally, job postings requiring a language other than French must include a justification for this requirement. Finally, if a job posting is published in a language other than French, a French version must be published simultaneously, using similar methods and reaching a comparable audience.

For businesses with 100 or more employees, the Charter requires that a francization committee be established within the Company. The committee is responsible for analyzing the linguistic situation in the workplace, monitoring the implementation of the francization program, providing recommendations on language requirements for positions, and submitting reports to the Office. Employers must also publicly display the list of francization committee members within the workplace. Note that the Office may also require businesses with fewer than 100 employees to establish a committee if it determines that French is not sufficiently used in the workplace.

Finally, the Charter also includes prohibitions on discrimination and retaliation related to the use of French in the workplace. Employees cannot be dismissed, demoted, or subjected to reprisals for exercising their language rights under the Charter, refusing to communicate in a language other than French where it is not required for their role, or for participating in a francization committee or cooperating with an investigation led by the Office.

Key Takeaways for Employers

With the June 1, 2025, deadline quickly approaching, employers with 25 or more employees should consider the following:

• Determine whether they should register with the Office and prepare to conduct an assessment on the use of French in the workplace.
• Review practices to ensure compliance with existing French language requirements.
• Assess hiring practices to verify that any language requirements meet the criteria outlined in the Charter.

Employers should take proactive steps to ensure compliance and facilitate the transition under the new rules.

For more information on compliance with Bill 96 and the Charter, please contact our Labour & Employment team.