The move comes as Ottawa’s plans to modernize the country’s Official Languages ​​Act, which would include new rules for federally regulated companies, are still being debated in parliament. Federally regulated sectors include banking, telecommunications and transportation, which were not under the Quebec government’s legal purview until the recent adoption of a new language law known as Bill 96. According to political scientist Stéphanie Chouinard, who is an expert on language issues, the Quebec government is taking action, while Ottawa continues to face criticism for its long-delayed plans to modernize federal language laws. “Quebec currently benefits from a loophole, which means that until the federal government has issued the new directives required under C-13 regarding language requirements for companies under federal jurisdiction, there is an opportunity for Quebec to take action said Chouinard, who teaches at the Royal Military College of Canada in Kingston, Ontario. Simon Jolin-Barrette, Quebec’s minister responsible for the French language, says the province has a responsibility to protect workers’ right to work in French. (Sylvain Roy Roussel/CBC)

New provincial rules

According to information obtained by Radio-Canada, the provincial office québécois de la langue française (OQLF) sent a letter last Friday to more than 800 companies telling them to begin developing a formal plan to allow employees to work in French. The OQLF has asked all companies under federal jurisdiction to provide the name of a contact person and the number of their employees within 30 days. Companies with 25 to 49 employees have three years to complete the process, while those with 50 or more employees are given six months. Smaller companies will not need to develop a plan. The Quebec government extended the scope of its language legislation to companies under federal jurisdiction with the reform of the Charter of the French language, which took effect last month. Quebec’s minister responsible for French, Simon Jolin-Barrete, maintains that his government has the authority to impose new obligations on all businesses located in the province. “Quebecers have the right to earn a living in their language, which is French. It is a fundamental right and it is non-negotiable,” said Jolin-Barrete spokeswoman Élisabeth Gosselin-Bienvenue. Under Bill 96, companies must provide human resources information and other documents in French to their employees, provide training opportunities in French, post jobs in French and limit the number of positions that require employees to speak language other than French.

A lawyer who helps companies comply with the Charter of the French language recently predicted that this case could end up in court. “There is clearly room for some conflict with federal employment law, and one would expect that the federal Department of Justice could step in in such cases to preserve federal jurisdiction,” said Alexandre Fallon, an attorney at Osler, Hoskin & Harcourt. Federal officials told Radio-Canada they will “defend” Ottawa’s jurisdiction over federally regulated companies. Canadian National says it is studying how it might be affected by Quebec’s new language law. (Graham Hughes/The Canadian Press) Many federally regulated companies in Quebec proactively comply with the province’s French language requirements and have received a francization certificate from the OQLF. However, it remains unclear how companies will react to Quebec’s attempt to impose mandatory language rules in federally regulated sectors. Among the companies to be affected by the new measures, rail company Canadian National (CN) said it is analyzing the provisions of Bill 96 that affect companies under federal jurisdiction. Air Canada said it is already governed by the federal Official Languages ​​Act, adding that its Air Canada Vacations subsidiary is under provincial jurisdiction and is already registered with the OQLF