C-11, r. 9 - Regulation respecting the language of commerce and business

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chapter C-11, r. 9
Regulation respecting the language of commerce and business
CHARTER OF THE FRENCH LANGUAGE — LANGUAGE OF COMMERCE AND BUSINESS
Charter of the French language
(chapter C-11, ss. 54.1, 58 and 67)
C-11
September 1 2012
DIVISION I
EXCEPTIONS TO SECTION 51 OF THE CHARTER OF THE FRENCH LANGUAGE
1. For the purposes of this Division and unless the context indicates otherwise, any provision applicable to an inscription on a product also applies, with the necessary modifications, to an inscription on its container or wrapping or on a leaflet, brochure or card supplied with it, including the directions for use and the warranty certificates.
O.C. 1756-93, s. 1.
2. An inscription on a cultural or educational product such as a book, magazine, publication, disk, film or tape, or on a non-promotional greeting card, appointment book or calendar, may be exclusively in a language other than French if the content is in a language other than French or if the cultural or educational product, greeting card, appointment book or calendar has no language content.
O.C. 1756-93, s. 2.
3. An inscription on a product may be exclusively in a language other than French in the following cases:
(1)  the product is intended for a market outside Québec;
(2)  the inscription appears on a container used in interprovincial or international transportation of merchandise;
(3)  the product is from outside Québec, has not yet been marketed in Québec and is being exhibited at a convention, conference, fair or exhibition;
(4)  the product is from outside Québec, is intended for incorporation into a finished product or for use in a manufacturing, processing or repair operation and is not offered in Québec for retail sale;
(5)  the product is from outside Québec and is in limited use in Québec and no equivalent substitute presented in French is available in Québec; or
(6)  the product is from outside Québec and the inscription is engraved, baked or inlaid in the product itself, riveted or welded to it or embossed on it, in a permanent manner. However, inscriptions concerning safety must be written in French and appear on the product or accompany it in a permanent manner.
O.C. 1756-93, s. 3.
4. An inscription embossed on a tire may be exclusively in a language other than French.
O.C. 1756-93, s. 4.
5. An inscription on the original wrapping of perishable food from outside Québec may be exclusively in a language other than French provided that the food is not offered for retail sale in that wrapping.
O.C. 1756-93, s. 5.
6. An inscription on a product from outside Québec to be used for medical, pharmaceutical or scientific purposes or an inscription on the container of such a product may be exclusively in a language other than French provided that the French version of the inscription appears on the wrapping of the product or on a document supplied with the product and either of the following conditions is met:
(1)  the product is not offered in Québec for retail sale and no equivalent substitute presented in French is available in Québec; or
(2)  the product weighs 100 g or less or its container has a capacity of 10 cm3 or less or 10 ml or less.
O.C. 1756-93, s. 6.
7. The following inscriptions on a product may be exclusively in a language other than French:
(1)  the name of a firm established exclusively outside Québec;
(2)  a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto;
(3)  a place name designating a place situated outside Québec or a place name in such other language as officialized by the Commission de toponymie du Québec, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; and
(4)  a recognized trade mark within the meaning of the Trade Marks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.
O.C. 1756-93, s. 7.
8. A toy or game the operation of which requires the use of a non-French vocabulary may bear an inscription that is exclusively in a language other than French provided that a French version of the toy or game is available on no less favourable terms on the Québec market.
O.C. 1756-93, s. 8.
8.1. A list of the ingredients of a cosmetic may be written according to the conditions prescribed by the Cosmetic Regulations (C.R.C., c. 869).
O.C. 770-2006, s. 1.
9. Nothing in this Division precludes the inscription on a product of any artificial combination of letters, syllables or figures or of pictographs, figures or initials.
O.C. 1756-93, s. 9.
DIVISION II
EXCEPTIONS TO SECTION 52 OF THE CHARTER OF THE FRENCH LANGUAGE
10. Catalogues, brochures, folders, commercial directories and any similar publications may be in 2 separate versions, one exclusively in French, the other exclusively in another language, provided that the material presentation of the French version is available under no less favourable conditions of accessibility and quality than the version in the other language.
However, the version exclusively in another language may be inserted in a news publication published exclusively in that language; it may also be sent to any natural person having made a written request to receive such documents in that other language.
In addition, catalogues, brochures, folders, commercial directories and any similar publications intended for persons belonging to the same ethnical group may be written only in the language of such group.
O.C. 1756-93, s. 10.
11. Catalogues, brochures, folders, commercial directories and any similar publications concerning a cultural or educational product within the meaning of section 2, concerning a cultural or educational activity such as a show, recital, speech, lecture, course, seminar or radio or television program or promoting a news medium may be exclusively in a language other than French provided that the content of the cultural or educational product is in that other language, the activity is held in that other language or the news medium publishes or broadcasts in that other language, as the case may be.
O.C. 1756-93, s. 11.
12. Catalogues, brochures, folders, commercial directories and any similar publications relating to a convention, conference, fair or exhibition, intended solely for a specialized or limited public, may be exclusively in a language other than French.
O.C. 1756-93, s. 12.
13. In catalogues, brochures, folders, commercial directories and any similar publications, the following may appear exclusively in a language other than French:
(1)  the name of a firm established exclusively outside Québec;
(2)  a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto;
(3)  a place name designating a place situated outside Québec or a place name in such other language as officialized by the Commission de toponymie du Québec, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; and
(4)  a recognized trade mark within the meaning of the Trade Marks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.
O.C. 1756-93, s. 13.
14. Nothing in this Division precludes the use of any artificial combination of letters, syllables or figures or the use of pictographs, figures or initials in catalogues, brochures, folders, commercial directories and any similar publications.
O.C. 1756-93, s. 14.
DIVISION III
PUBLIC SIGNS AND POSTERS AND COMMERCIAL ADVERTISING
15. A firm’s commercial advertising, displayed on billboards, on signs or posters or on any other medium having an area of 16 m2 or more and visible from any public highway within the meaning of section 4 of the Highway Safety Code (chapter C-24.2), must be exclusively in French unless the advertising is displayed on the very premises of an establishment of the firm.
O.C. 1756-93, s. 15.
16. A firm’s commercial advertising on or in any public means of transportation and on or in the accesses thereto, including bus shelters, must be exclusively in French.
O.C. 1756-93, s. 16.
17. Public signs and posters displayed on or in a vehicle regularly used to transport passengers or merchandise, both in Québec and outside Québec, may be both in French and in another language provided that French appears at least as prominently.
O.C. 1756-93, s. 17.
18. Public signs and posters concerning health or public safety may be both in French and in another language provided that French appears at least as prominently.
O.C. 1756-93, s. 18.
19. Public signs and posters of a museum, botanical garden, zoo or cultural or scientific exhibition may, on the premises thereof, be both in French and in another language provided that French appears at least as prominently.
O.C. 1756-93, s. 19.
20. Public signs and posters and commercial advertising concerning an event intended for an international public or an event in which the majority of participants come from outside Québec, where directly related to the nature and recognized purpose of the event, may be both in French and in another language provided that French appears at least as prominently.
O.C. 1756-93, s. 20.
21. A public sign or poster bearing directions for the use of a device permanently installed in a public place may be both in French and in another language provided that French appears at least as prominently.
O.C. 1756-93, s. 21.
22. Unless the vehicle used is a news medium which publishes or broadcasts in French, public signs and posters and commercial advertising concerning a cultural or educational product within the meaning of section 2, a cultural or educational activity within the meaning of section 11 or a news medium may be exclusively in a language other than French provided that the content of the cultural or educational product is in that other language, the activity is held in that other language or the news medium publishes or broadcasts in that other language, as the case may be.
O.C. 1756-93, s. 22.
23. Public signs and posters displayed by a natural person for non-professional and non-commercial purposes may be in the language of the person’s choice.
O.C. 1756-93, s. 23.
24. Public signs and posters and commercial advertising concerning a convention, conference, fair or exhibition intended solely for a specialized or limited public may, during the event, be exclusively in a language other than French.
O.C. 1756-93, s. 24.
25. On public signs and posters and in commercial advertising, the following may appear exclusively in a language other than French:
(1)  the firm name of a firm established exclusively outside Québec;
(2)  a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto;
(3)  a place name designating a place situated outside Québec or a place name in such other language as officialized by the Commission de toponymie du Québec, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; and
(4)  a recognized trade mark within the meaning of the Trade Marks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.
O.C. 1756-93, s. 25.
25.1. Where a trade mark is displayed outside an immovable only in a language other than French under paragraph 4 of section 25, a sufficient presence of French must also be ensured on the site, in accordance with this Regulation.
For the purposes of the first paragraph, the presence of French refers to a sign or poster with
(1)  a generic term or a description of the products or services concerned;
(2)  a slogan;
(3)  any other term or indication, favouring the display of information pertaining to the products or services to the benefit of consumers or persons frequenting the site.
25.2. For the purposes of sections 25.1 to 25.5,
(1)  trade mark signs or posters outside an immovable means the signs or posters related or attached to an immovable, including its roof, regardless of the materials or method of attachment used; the signs or posters include, in particular, projecting or perpendicular signs, and signs or posters on a bollard or other independent structure.
The following signs and posters are considered to be outside an immovable:
(a)  signs or posters outside premises situated in an immovable or a larger property complex. Signs or posters outside premises situated in a mall or a shopping centre, underground or not, are included;
(b)  signs or posters inside an immovable or premises, if their installation or characteristics are intended to be seen from the outside.
Trade mark signs or posters appearing on a bollard or other independent structure, including a totem type structure, near an immovable or premises are concerned only if there is no other outside sign or poster on which the trade mark appears.
In the case of a totem type structure, signs or posters on the structure are also excluded if more than 2 trade marks appear on the structure;
(2)  immovable : means a building and any structure intended to receive at least 1 person for the carrying on of activities, regardless of the materials used, excluding a temporary or seasonal facility;
(3)  premises : means a space, closed or not, devoted to an activity, in particular a stand or counter intended for the sale of products in a mall, excluding a temporary or seasonal facility.
25.3. Within the meaning of section 25.1, the sufficient presence of French means signs or posters whose qualities
(1)  give French permanent visibility, similar to that of the trade mark displayed; and
(2)  ensure its legibility in the same visual field as that mainly covered by the trade mark signs or posters.
Signs or posters in French that, in relation to the trade mark signs or posters, are designed, lighted and situated so as to make them easy to read, both at the same time, at all times when the trade mark is legible, without the signs or posters being necessarily present in the same place, in the same number, in the same materials or in the same size are considered to meet those requirements.
25.4. Despite subparagraph 2 of the first paragraph of section 25.3, legibility of a sign or poster in French must be evaluated,
(1)  in the case of a sign or poster outside an immovable situated on a street bordered by a sidewalk, from the sidewalk along the façade on which the trade mark sign or poster appears;
(2)  in the case of a sign or poster outside premises situated in an immovable or a larger property complex such as a mall, from the centre of the corridor or space facing the premises;
(3)  in the case of a trade mark sign or poster visible from a highway, from the highway.
25.5. For the purposes of sections 25.1 to 25.4,
(1)  the following signs or posters in French are not taken into account:
(a)  business hours, telephone numbers and addresses;
(b)  numbers and percentages;
(c)  definite, indefinite and partitive articles;
(d)  a term requiring for its legibility to be within a radius of less than 1 metre, except if the legibility of the trade mark also requires it;
(2)  signs or posters that are of a precarious nature— through their materials or the manner in which the sign or poster is attached—, in particular signs or posters in French likely to be easily removed or tore off, are not considered to ensure permanent visibility of French, unless the display system is the subject of measures for guaranteeing the presence or replacement of the sign or poster, the proof of which lies with the person who wishes to claim the benefit of the sign or poster.
26. Nothing in this Division precludes the use of any artificial combination of letters, syllables or figures or the use of pictographs, figures or initials on public signs and posters and in commercial advertising.
O.C. 1756-93, s. 26.
DIVISION IV
EXPRESSION THAT MAY SPECIFY FIRM NAME
27. An expression taken from a language other than French may appear in a firm name to specify it provided that the expression is used with a generic term in the French language.
O.C. 1756-93, s. 27.
DIVISION V
FINAL PROVISIONS
28. (Omitted).
O.C. 1756-93, s. 28.
29. (Omitted).
O.C. 1756-93, s. 29.
TRANSITIONAL
2016
(O.C. 887-2016) SECTION 2. The Regulation applies in particular as of that date to the installation of new trade mark signs or posters and to the replacement of existing signs or posters.
Signs or posters existing on 24 november 2016 must, not later than 3 years after that date, be brought into conformity with its provisions.
The 3-year period provided for in the third paragraph also applies in the following situations, the proof of which lies with the person wishing to benefit from it:
(1) the same trade mark is already used on signs or posters elsewhere in Québec, as Part of a franchise system or otherwise;
(2) the new installation or the replacement of the sign or poster concerned has been the subject, in the 6 months preceding 9 november 2016, of the issue of or an application for a municipal permit or other form of government authorization.
REFERENCES
O.C. 1756-93, 1993 G.O. 2, 6914
O.C. 770-2006, 2006 G.O. 2, 2992
O.C. 887-2016, 2016 G.O. 2, 3849