C-11, r. 3 - Regulation of the Office québécois de la langue française respecting the definition of the term “head office” and the recognition of head offices eligible for special agreements with the Office

Updated to 1 September 2012

This document has official status.

chapter C-11, r. 3

Regulation of the Office québécois de la langue française respecting the definition of the term “head office” and the recognition of head offices eligible for special agreements with the Office

Charter of the French language

(chapter C-11, s. 144).

1. In this Regulation, unless the context indicates otherwise,

(a)  “agreement” means a special agreement within the meaning of section 144 of the Act;

(b)  “Act” means the Charter of the French language;

(c)  “Office” means the Office québécois de la langue française.

R.R.Q., 1981, c. C-11, r. 3, s. 1.

2. In accordance with the terms of the Act and this Regulation, “head office” means the positions held by natural persons responsible on a pan-Canadian or international scale for the activities of overall management, of management of staff departments or of service departments for the whole business firm or for its main office if the head office is located outside Canada.

Members of the board of directors as well as executives, their assistants and the support staff assigned to the activities of overall management, of management of staff departments or of service departments for the whole business firm or for its main office are also included as head office personnel.

R.R.Q., 1981, c. C-11, r. 3, s. 2.

3. Within the meaning of the Act and this Regulation, positions held by researchers, as well as by natural persons assigned to the management, conception and implementation of research and development activity in a business firm or a group of business firms are also included as head office personnel.

R.R.Q., 1981, c. C-11, r. 3, s. 3.

4. Every head office established in Québec by a business firm whose activity extends beyond Québec and more than 50 % of whose average gross income during the 3 years prior to the request accrues directly or indirectly from outside Québec is entitled, upon written request of the firm, to be recognized as eligible for an agreement.

R.R.Q., 1981, c. C-11, r. 3, s. 4.

5. Every business firm whose activities extend beyond Québec and less than 50 % of whose average gross income during the 3 years prior to the request accrues from outside Québec may request the Office in writing that its head office established in Québec be recognized as eligible for an agreement if the firm is unable to comply, in implementing its francization program within its head office, with one of the program elements outlined in section 141 of the Act, having taken into account sections 142 and 143 of the Act, for one of the following reasons:

(a)  its frequent business contacts outside Québec;

(b)  the complexity of the techniques used;

(c)  its requirements for specially-trained staff;

(d)  the effects that implementation of its francization program within the head office may have on its competitive position.

R.R.Q., 1981, c. C-11, r. 3, s. 5.

6. For the purposes of sections 4 and 5, where a head office of a business firm whose activity extends beyond Québec, has been established in Québec for less than 3 years, the average gross income is calculated for the period prior to the request.

R.R.Q., 1981, c. C-11, r. 3, s. 6.

7. For the purposes of sections 4 and 5, the business firm must, prior to its request, have completed the analysis of its language situation.

R.R.Q., 1981, c. C-11, r. 3, s. 7.

REFERENCES

R.R.Q., 1981, c. C-11, r. 3

S.Q. 2002, c. 28, s. 42