Francisation: The Burning Question

As the June 1 deadline approaches for companies that must register with the Office québécois de la langue française (OQLF) and start their francisation process, I keep getting asked the same question:

“What happens if my company doesn’t register and doesn’t comply with the Charter of the French Language?”

Some add: “I know plenty of companies that aren’t compliant and have never had any problem.” Or: “The OQLF isn’t going to show up on June 2 and fine us, right?” To that last comment, I usually respond that, indeed, the chances of that happening are very slim, but…

I usually follow up with a comparison to the Highway Safety Code. Everyone is required to stop at a red light. However, you could decide to repeatedly run the same red light near your home, because there’s never anyone at that intersection anyway. Maybe you’ll never get caught. But maybe you will get a first ticket, and then face tougher penalties if you refuse to cooperate. It’s the same with compliance with the Charter.

My approach to francization has always focused on the benefits of making French the language of work. Fear-based tactics aren’t my thing. But with this question coming up more and more often, I’ve decided to answer it. With a fundamental question in return:

Is your business ready to face the risks?

Since the adoption of Bill 96 in June 2022, language obligations for businesses operating in Quebec have been strengthened. The updated version of the Charter of the French Language establishes fundamental linguistic rights, including the right to work in French, and to be informed and served in French. And the consequences of violating those rights can be serious and costly.

More Power to the OQLF

The OQLF now has expanded powers of inspection, investigation, and enforcement. Its representatives can:

• visit workplaces (except private residences)

• access documents, including digital files

• order an end to a violation (for example, by removing non-compliant signage or products)

• request an injunction from the Superior Court

The OQLF generally favors a collaborative approach. But in cases of non-cooperation or repeated violations, it can escalate its actions.

Financial Penalties: Fines That Add Up Fast

Fines under the Charter vary depending on the severity and repetition of the offence:

• from $3,000 to $30,000 for a business

• doubled on first repeat offence, tripled for additional violations

• applied for each day the offence continues

Non-compliant signage, contracts written only in English, or lack of French on websites or product packaging can result in significant fines.

Another Financial Risk: Losing Access to Public Contracts

Non-compliant businesses are barred from obtaining contracts or subsidies from Quebec’s public administration, including ministries, municipalities and healthcare institutions.

More and more contracting authorities are now requiring a francization certificate from their suppliers or subcontractors. For any company, being compliant also means staying competitive.

Legal Risks: Contract Nullity and Permit Revocation

If a contract is written in violation of the Charter, its clauses may be declared null and void. The injured party can also claim damages. Courts may reduce contractual obligations or cancel the contract altogether, particularly if harm was caused.

In cases of repeated violations, the Quebec government can suspend or revoke a license or permit it issued to a company, including essential permits, such as those for transportation or specialized services. While rare, this measure sends a clear message: language compliance is a condition of doing business in Quebec.

Your Reputation Is Also on the Line

Companies that fail to comply may be listed on a public registry published by the OQLF. That kind of visibility is never welcome, especially in an era where social responsibility and compliance with local laws are not only expected but demanded.

A language violation can quickly become a public relations issue, especially on social media or in the news. And in the age of digital reputation, that can have serious consequences.

And let’s not forget your French-speaking employees. If their linguistic rights are ignored, you risk creating disengagement or even getting complaints from the CNESST (Quebec’s labour standards commission).

As you can see, the risks are numerous. So let me end here with one last question. That red light: will you run it or not?