The Charter of the French language ("Charter") was modified by An Act respecting French, the official and common language of Québec being assented on June 1st, 2022, resulting in substantial changes with respect to the enforcement of the Charter. French is labeled as being the official and common language of the province of Québec and the laws look to ensure that individuals and companies are served in French. The Québec Charter of human rights and freedoms has also been amended concurrently.
Many changes regarding product packaging and commercial advertising have been in force since June 1st, 2022. The next key effective date is June 1st, 2025, at which time most modifications pertaining to trademarks will come into effect.
The focus of this bulletin is to provide an overview on the issues regarding trademarks, product packaging, commercial advertising and public signs.
This bulletin includes references to the Regulation respecting the language of commerce and business ("Regulation"), as published on June 26th, 2024.
BUSINESS-TO-BUSINESS INTERACTIONS IN QUÉBEC
All persons (including consumers and businesses) receiving services have the right to be served in French. While business relationships with companies established in Québec can take place in a language other than French, a Québec company can request the right to be served in French.
The objective of the Charter is to encourage companies to conduct all business in French in Québec. The law proports to apply to all companies, whether or not they are registered to conduct business in Québec.
PRODUCT PACKAGING – Enforced since June 1st, 2022
All inscriptions on product packaging and accompanying documents (such as containers, wrappings, leaflets, brochures, users' manuals, warranty certificates and other such documents) must be in French.
A version in another language can be present on product packaging or on any accompanying document provided that it is: (1) not given greater prominence than the French version, and (2) not available on more favorable terms than the French version. By way of example, the exterior packaging cannot be exclusively in another language, with the French translation located inside the product box.
There is an exception for products from outside of Québec that have a language other than French engraved permanently on them. However, information with respect to safety appearing in another language on the product must also appear in French (by way of example, any inscription indicating a cautionary message must appear in French on the product).
Another exception pertains to products from outside of Québec that are used for medical, pharmaceutical or scientific purposes, an inscription on the container may appear in a language other than French, provided that a wrapping or document supplied with the product displays the French equivalent. To be eligible for such an exception, one of the following conditions must be met: (1) the product is not offered for retail sale in Québec, and no equivalent substitution in French is available in Québec, or (2) the product weighs 100 grams or less, or its container has a capacity of 10 cm3 or 10 mL or less.
TRADEMARKS – June 1st, 2025
As of June 1st, 2025, the general rule is that all trademarks used in Québec should be displayed in French. There are exceptions for recognized trademarks, which allows registered trademarks, trademark applications and recognized common law trademarks to appear in a language other than French.
The Regulation states that if no corresponding French version of a trademark appears in the register kept under the Trademarks Act, a trademark may appear in a language other than French on product packaging or public signs.
The Charter as amended also provides that non-French trademarks that contain a generic (describing the nature of a product) or descriptive term (describing the characteristics of the product) should be accompanied by a French version of these terms (e.g., terms describing the scent or color of the product).
There are exceptions for product packaging, regarding the name of the enterprise and the name of the product as sold, which are not considered to be "descriptive" or "generic" terms under the Regulation and therefore do not need to be translated to French. Also, the designation of origin and distinctive names of a cultural nature may also appear in a language other than French on product packaging without the need for translation.
The Regulation also states that any inventory manufactured prior to June 1st, 2025, can be offered to the public until June 1st, 2027, provided that there is no French version of the trademark registered as of June 1st, 2025. Product manufactured as of June 1st, 2025, must comply with the regulations.
LANGUAGE OF COMMERCE AND COMMERCIAL ADVERTISING – Enforced since June 1st, 2022
Websites are included under the scope of commercial advertising. All commercial and promotional documents must appear in French (this includes invoices, order forms, receipts, catalogues, brochures, folders, flyers and other documents of similar nature).
These documents can be made available in a language other than French, if the French documents: (1) are available on equal or more favorable terms (e.g., the French version of such documents cannot be available online, if the non-French version is available in a printed format), and (2) may appear on separate versions of the document available under no less favorable conditions of accessibility and quality.
The Regulation provides an exception for artificial combination of letters, syllables, pictographs or figures appearing on commercial advertising and public signs. If such invented words do not appear in the dictionary, they may be used and are not required to be translated to French.
Consequently, all public facing documents drafted in French must minimally be available in equal conditions to those drafted in another language.
PUBLIC SIGNS – June 1st, 2025
Public signs, including posters and commercial advertising, must be displayed in French. The Charter and Regulation introduce a new requirement for public signs that are visible from outside a space (for instance, a sign placed inside a store that is visible from the window).
To ensure the markedly predominance of French text on signage, the Regulation clarifies that, compared to non-French text, the French text must have a greater visual impact within the same visual field (i.e., the overall view of all the components of the signs that are visible and legible without having to move). This means that: (i) the space allotted to French text must be at least twice as large as the space allotted to another language, and (ii) legibility and permanent visibility must be equivalent in both languages (making both languages easy to read at the same time and not precarious in nature).
The Regulation provides that when a non-French trademark or company name is displayed on a public sign, to ensure a markedly predominant French presence, such text will have to be accompanied by French wording (such as a French generic term, description or slogan).
There is an exception for public signs displayed on a vehicle that is regularly used to transport passengers or merchandise both in and outside of Québec, in such case, French must appear at least as prominently as any other language.
ENFORCEMENT
Any person who observes a failure to comply with the Charter can make a complaint to the Office québécois de la langue française ("OQLF"). A new feature of the OQLF is the ability to file a complaint anonymously through their website for anyone that observes the non-compliance of the Charter. Therefore, breaches of the Charter are investigated by the OQLF on a complaint basis.
When such a complaint is issued, the OQLF will send a notice stating which provisions of the Charter were violated and allowing such person to submit their observations within 15 days. If the matter cannot be resolved, the OQLF then has the power to seek additional remedial measures.
Following this, the OQLF may issue an order to the person they consider responsible (for instance, against companies that are in violation of product packaging requirements), requiring them to comply with the law or to cease contravening it within a specified period. When such an order is issued, the noncompliant person will be asked to submit a letter to the OQLF within a specified timeframe, outlining the measures taken to comply with the order. Under the new powers of the OQLF, a company offering goods or services in Québec is at risk of receiving such orders, although they may not have an establishment in Québec. These orders can be contested before the Administrative Tribunal of Québec within 30 days following their notification.
If the violation persists, the OQLF may request that a fine be imposed on the non-compliant entity (between $3,000 and $30,000 for a legal person). If the offence is committed by a director or officer of a legal entity, the fines applicable to a natural person (between $700 and $7,000) for such an offence will be doubled. Such individuals are presumed to have committed the offence, unless it is established that they exercised due diligence and took all necessary precautions to prevent the offence from being committed by the legal person. There are similar provisions for agents, mandatories or employees of partnerships and associations. There are additional fines and details pertaining to public servants and reprisal against whistleblowers that were not addressed in the present bulletin.
The OQLF reserves the right to seek an injunction from the Superior Court to order the cessation of the offender's actions. Furthermore, the Charter also provides penalties for violation of the right: (i) to conduct business in Québec in French for all enterprises, and (ii) for consumers to be informed and served in French (except from businesses with fewer than 5 employees). Additionally, individuals affected are also entitled to demand the cessation of the violation, which implies that injunctive relief may be obtained from such individuals and opens the possibility for class-action lawsuits against non-compliant entities.
CONCLUSION
The Charter applies to all companies that carry on business and offer goods and services in Québec. If the company is registered to do business in Québec, whether or not it has a physical establishment in the province, we are taking the position that such company must comply with the Charter. For companies that carry on business in Québec but are not registered as a business in Québec, it remains unclear how the OQLF will enforce such laws before the Québec courts. In the past, the OQLF has not enforced the Charter extraterritorially.
We will continue to monitor new developments with respect to the Charter and Regulation and provide updates as they become available. Our professionals will be pleased to accompany and guide you through this new regulatory framework.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.