C-11, r. 5.1 - Regulation respecting the derogations to the duty of exemplarity of the civil administration and the documents drawn up or used in research

Updated to 1 June 2023

This document has official status.

chapter C-11, r. 5.1

Regulation respecting the derogations to the duty of exemplarity of the civil administration and the documents drawn up or used in research

Charter of the French language

(chapter C-11, s. 22.3, 1st par., subpar. 2, subpar. f, and s. 22.5, 1st par., subpar. 3).

DIVISION I DEROGATIONS TO THE DUTY OF EXEMPLARITY

M.O. 2023-001, Div. I.

1. An agency of the civil administration may depart from paragraph 1 of section 13.2 of the Charter of the French language (chapter C-11) by using another language in addition to French when writing for one of the following purposes:

(1)  providing services leading to the issue of a report or certification intended to be used abroad;

(2)  establishing standards in a specific field, in the case of a standardization body;

(3)  disseminating any financial information it deems necessary for the management of the Consolidated Revenue Fund and the public debt, and for the management of the issue of municipal debt securities;

(4)  disseminating the fiscal policy of the Government;

(5)  disseminating public accounts, a pre-election report, a report on any special warrant produced in accordance with section 51 of the Financial Administration Act (chapter A-6.01) and any other document stating the economic situation of Québec and government revenues and expenditures;

(6)  making available any site for an invitation to tender or any transactional platform as part of the management of the public debt and the issue of municipal debt securities;

(7)  communicating with a legal person established in the public interest of another State that does not have French as the official language;

(8)  providing energy to a natural person who, before 13 May 2021, corresponded only in English with Hydro-Québec regarding a file concerning the person;

(9)  acting as the legal representative of a natural person with whom it has the option to use another language, including steps where representation is awaiting opening;

(10)  ensuring the taking into consideration of the concerns of the English-speaking community of Québec by the agency of the civil administration assisting the Minister in charge of that responsibility;

(11)  ensure access to the complaint examination procedure provided for in the Act respecting health services and social services (chapter S-4.2) where the body has used another language, in addition to French, where the health required it;

(12)  communicate with a band council and providing services to it;

(13)  communicating with a Native group referred to in the first paragraph of section 3.48 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) or a Native in particular as part of consultations;

(14)  perform a function related with its mission where the exclusive use of the official language compromises the carrying out of the mission and the agency of the civil administration has taken all reasonable means to communicate only in the official language.

M.O. 2023-001, s. 1.

DIVISION II DOCUMENTS DRAWN UP OR USED IN RESEARCH

M.O. 2023-001, Div. II.

2. The following documents, drawn up and used in research, may be written only in a language other than French:

(1)  economic and financial documents;

(2)  information sent by a participant in research or by a person contributing to the research to provide information;

(3)  the material used for a survey or statistical survey, in particular a questionnaire or an interview form;

(4)  the documents necessary for a clinical trial, in particular the research protocol, the investigator’s brochure, the procedure schedule, the imaging acquisition guide and the pharmacy manual;

(5)  the scientific study and its assessment;

(6)  the documents attached to an application for authorization or for financial assistance;

(7)  a document for which the exclusive use of the official language compromises the carrying out of the mission of the agency of the civil administration where the agency has taken all reasonable means to have the document drawn up only in French.

M.O. 2023-001, s. 2.

DIVISION III FINAL

M.O. 2023-001, Div. III.

3. Paragraph 14 of section 1 and paragraph 7 of section 2 cease to have effect on 1 June 2025.

M.O. 2023-001, s. 3.

4. (Omitted).

M.O. 2023-001, s. 4.

REFERENCES

M.O. 2023-001, 2023 G.O. 2, 821