The Québec Charter of the French Language
On June 26, 2024, the Québec government released the final regulation amending the existing Regulation respecting the Language of Commerce and Business (the "Business Regulation"). This new Regulation aims to clarify the amendments to the Charter of the French Language (the "Charter") introduced by Bill 96 on June 1, 2022. The Charter, and the changes introduced by Bill 96 and the Regulation, are of particular significance to brand owners, as they include numerous provisions that affect the use and display of trademarks in Québec.
The Charter and the regulations made thereunder address many language-related issues, including the use of trademarks on products and in commercial advertising, among other things.1 In this article, we discuss the key points trademark owners need to be aware of when doing business in Québec, particularly in light of these recent changes to the law.
The Charter's main purpose is "to make of French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce and business" in the province. Bill 96, officially titled An Act respecting French, the official and common language of Québec, represents the most significant overhaul of Québec's language laws since the Charter was introduced in 1977. Bill 96 was introduced to address concerns about the declining use of French in the province and to reinforce the status of French as the common language of Québec.
Trademarks in Québec: Key Points
- Language of business and commerce is French: In most cases, the language of commerce and business in Québec must be French, including products and advertising.
- Products: All product inscriptions must be in French. Non-French translations are allowed but cannot be more prominent. Generally, non-French trademarks do not need to be translated, but generic and descriptive terms within trademarks must be translated.
- Public signs and commercial advertising: All public signage, posters, and commercial advertising must be in French. Non-French translations are allowed but the French must be markedly predominant. Generally, non-French trademarks do not need to be translated, but on signage visible from outside, the French must still be markedly predominant.
- Compliance: The Office québécois de la langue française (OQLF) handles enforcement of the Charter, which can include fines and other sanctions. There is also a new private right of action available.
- Bill 96: The application and interpretation of the amendments brought in by Bill 96 remains to be seen, and some provisions do not come into force until June 2025.
Trademarks in Québec: An Overview
The Charter requires that, in most cases, the language of commerce and business in Québec is to be French. This requirement extends to products and advertising, and so is a key consideration for trademark owners and others who wish to sell and/or advertise their goods and services in the province.
Products
In Québec, every inscription on a product, on its container or on its wrapping, or on a document or object supplied with it, including the directions for use and the warranty certificates, must be in French.2 Non-French translations can accompany the French, but they may not be given greater prominence than that in French or be available on more favourable terms.
For example: the English translation on the packaging for a product could not be in larger print and the French could not appear only on the reverse side of a product.
Exceptions for Trademarks
In theory, this would mean that all non-French trademarks would need to be translated into French. However, there are certain exceptions to the translation requirement, including that a "registered trademark" or a "recognized trademark" in another language need not be translated. This includes both trademarks that are registered with the Canadian Intellectual Property Office (CIPO) and unregistered (or "common law") trademarks. The exception does not apply, however, if a French version of the trademark appears on the Trademarks Register.
Generic and Descriptive Terms
That said, in certain cases, parts of a trademark may need to be translated. Namely, any generic term or a description of the product included in the trademark must be translated and the French translations must appear on the product or on a medium permanently attached to the product. 3 The Government of Québec has indicated that this provision seeks to avoid the incorporation of significant descriptive language into a trademark as a whole to avoid translation, such as by registering the entire label for a product.
The government provided the following "BEST SOAP" example:
Source: Government of Québec
A "generic term" refers to one or more words describing the nature of a product. A "description" refers to one or more words describing the characteristics of a product.4 Notably, the name of the business and the name of the product as sold are not considered generic terms or descriptions. That would mean, for example, that product names that might otherwise seem descriptive, such as MINUTE RICE, may not require translation.
Designations of origin and distinctive names of a cultural nature are not considered a description or a generic term either.
Grace Period
These requirements for generic and descriptive terms were introduced in Bill 96 and the regulations made thereunder, and come into force on June 1, 2025. However, there is a grace period such that non-compliant products may be distributed, retailed, leased, offered for sale or lease, or otherwise offered on the market until June 1, 2027, as long as they were manufactured before June 1, 2025, and as long as no French-language version of the trademark was registered on or before June 26, 2024.
The grace period also applies for products manufactured between June 1, 2025 and December 31, 2025 where those products are subject to federal labelling requirements under the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils), and the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods).
Other Exceptions
In addition to the trademark exception, certain other inscriptions are exempted from translation, including:
- On products intended for outside Québec;
- On containers used in interprovincial or international transportation of merchandise;
- On products from outside Québec and not yet marketed in Québec, being exhibited at conventions, exhibitions, or fairs;
- On products from outside Québec and in limited use in Québec with no French substitute;
- Permanently affixed inscriptions (engraved, baked, inlaid, riveted, welded to, or embossed in a permanent manner on the product itself), provided that the product was manufactured outside of Québec, except for any text regarding safety, which must be translated into French; and
- Names of firms outside Québec, names of origin, exotic product names, heraldic or non-commercial mottos, family names, cultural names, and certain place names.5
Inscriptions on perishable food wrapping from outside Québec may also be in a language other than French, provided the food is not offered for retail sale in that wrapping.
Public Signs and Posters and Commercial Advertising
The Charter requires that public signs and posters and commercial advertising must be in French. They may also be both in French and in another language, provided that French translation is markedly predominant.6
Bill 96 will require that on public signs and posters visible from outside premises, French must be markedly predominant where such a trademark appears in a language other than French.7
Exceptions for Trademarks
Like for products, an exception exists for registered and "recognized" trademarks. These can appear in a language other than French as long as no French version appears on the Trademarks Register. Unlike for products, there is no requirement to translate generic or descriptive portions of a trademark for public signage and commercial advertising.
Marked Predominance
As noted, on public signs and posters visible from outside premises (such as exterior signage or signage otherwise visible from outside), the French must be "markedly predominant". That means that the text in French has a much greater visual impact than the text in the other language.
To comply, in the "same visual field":
- the space allotted to the French text must be at least twice as large as the space allotted to the text in another language; and
- the French text's legibility and permanent visibility must be equivalent to those of the text in another language.
For dynamic signage, the French must appear for twice as long as the non-French text.
The government provided the following example showing marked predominance:
Source: Government of Québec
Certain text in French also does not count towards its marked predominance, including: business hours, telephone numbers, addresses, numbers, percentages or definite, indefinite or partitive articles. Family names and place names in a language other than English are not considered in the assessment of marked predominance.
Importantly, non-French trademarks that are visible from outside premises are considered in the marked predominance assessment. This means that non-French trademarks will need to be accompanied by text in French that is markedly predominant, such as generic or descriptive text.
While marked predominance was previously a requirement, the more detailed assessment of the "visual field" comes into force on June 1, 2025.
Other Signage Requirement
The Regulation also sets out numerous other requirements for specific forms of public signage, such as that on transit vehicles, in museums, and on highway billboards.8
Enforcement and Sanctions Under the Charter
Historically and going forward, the OQLF, the government regulator that enforces the Charter, has taken a practical approach to resolving issues of enforcement. For instance, the OQLF will generally work with businesses to ensure compliance. That said, the new amendments give the OQLF increased powers and even allow for a private right of action.
The Bill 96 amendments increase the fines for violations of the Charter, which are now $700 to $7,000 for an individual and $3,000 to $30,000 for any other entity. Fines are doubled and tripled for second and third offences, and any offence that continues for more than one day is to be treated as a separate offence. Fines are also doubled where an offence is committed by an officer or director of an entity. Where there are repeated contraventions, the OQLF is entitled to "suspend or revoke a permit or another authorization of the same nature." Currently, it is not clear how aggressive the OQLF will be in its enforcement.
The newly created private right of action for contraventions of the Charter also poses the risk that individuals, not just the OQLF, could take legal action where a person or business does not comply with the Charter. This could include class actions as well. It is important to recall, though, that any resulting damages would need to be proved in court.
Key Takeaways
Brand and trademark owners who do business in Québec need to be aware of the specific language requirements in the province, especially when it comes to products and advertising. For both, in most cases Québec requires the translation of non-French text, and the French version must be at least as prominent, and, in the case of certain signs, much more prominent. That means that, for example, products destined for sale throughout Canada must take Québec's rules into account. Similarly, a business may not be able to use the same signage in every province.
There are certain key exceptions as well, especially when it comes to the translation of registered and unregistered trademarks. While these can generally remain untranslated, it is important for brand owners to be aware of the limits to these exceptions, such as the marked predominance requirements for signage, and the requirement to translate generic or descriptive terms.
Footnotes
1. Other notable areas of business to which it applies are commercial documents and contracts.
2. Section 51 of the Charter.
3. As discussed in this article, these requirements come into force in June 2025.
4. Ultimately, the OQLF will determine how these definitions are applied in practice.
5. Sections 3 and 7 of the Business Regulation.
6. Section 58 of the Charter.
7. Section 58.1 of the Charter.
8. Division III of the Business Regulation.
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.