January 2013
BILL N˚14 – AN ACT TO AMEND THE CHARTER OF THE FRENCH
LANGUAGE, THE CHARTER OF HUMAN RIGHTS AND FREEDOMS AND
OTHER LEGISLATIVE PROVISIONS
On December 5, the Minister responsible for the Charter of the French language and
Minister of Immigration and Cultural Communities, Mme Diane De Courcy, tabled a bill
which has the stated purpose of reinforcing the use of French in public places. This bill
contains several amendments likely to have an impact on Quebec employers. We
nevertheless would like to point out that Bill N° 14 will be referred for discussions before
a parliamentary commission and is likely to be amended prior to adoption, if and when
that occurs.
Given that, here are some of the main features of this bill which will have an impact on
the area of labour law.
New provisions in the Charter of Human Rights and Freedoms
The bill contains several new provisions to be incorporated into the Charter of Human
Rights and Freedoms which expressly entrench the importance of French and the right to
work in French within Quebec. In particular, under the heading of fundamental rights and
freedoms, Article 3.1 will be added, which provides that “Every person has a right to live
and work in French in Québec to the extent provided for in the Charter of the French
language”.
New provisions in the Charter of the French language
Under the amended and new provisions incorporated into the Charter of the French
Language (“C.F.L.”), employers will now be required by law to :
- sign employment agreements in French, unless the parties expressly agree to draft the
agreement
in
another
language;
- make available in French the staff policies and procedures and any other document
setting
forth
workers’
rights
and
obligations;
- where the business has 10 or more employees, post a sign in a conspicuous location
which sets forth the principal rights of employees concerning the use of French in the
workplace;
- in addition to collective agreements, which already have to be filed in the official
language pursuant to Article 43 C.F.L., the bill expressly sets forth the same requirement
for « any other group agreement relating to conditions of employment, conditions of
remuneration or compensation for services and negotiated by an association or group that
is
recognized
under
an
Act»
other
than
the
Labour
Code;
- before requiring knowledge or a specific level of knowledge of a language other than
French, thoroughly evaluate the actual linguistic requirements of the position and
thereafter
conduct
periodic
reassessments
of
such
requirements;
- take reasonable means to prevent or ensure prevention of any vexatious behaviour,
discrimination or harassment against a person based on the person having a poor
understanding of a language other than French, or who demands the right to speak French
or requires the respect of a right arising out of the C.F.L.
- for businesses, take reasonable means to ensure the presence of employees who can
offer a quality service in French to consumers.
Under Bill N° 14, a non-union employee who believes he or she is the victim of someone
acting in violation of any provision of the C.F.L. in relation to the use of French will now
be able to file a complaint with the Commission des normes du travail pursuant to
Section 123 of the Act respecting Labour Standards. In such a case, the Commission des
normes du travail may represent the employee before the Commission des relations du
travail.
With respect to the heading of the C.F.L. dealing with francisation of businesses, a new
category of enterprises, those who employ between 26 and 49 employees, would be
created, and enterprises falling within this category would be required to make sure that
the normal and everyday language of the workplace is French.
We will keep you informed of developments in relation to this legislative bill over the
upcoming months.