c-11 - Charter of the French language

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter C-11

Charter of the French language

PREAMBLE

WHEREAS the French language, the distinctive language of a people that is in the majority French-speaking, is the instrument by which that people has articulated its identity;

Whereas the National Assembly of Québec recognizes that Quebecers wish to see the quality and influence of the French language assured, and is resolved therefore to make of French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce and business;

Whereas the National Assembly intends to pursue this objective in a spirit of fairness and open-mindedness, respectful of the institutions of the English-speaking community of Québec, and respectful of the ethnic minorities, whose valuable contribution to the development of Québec it readily acknowledges;

Whereas the National Assembly of Québec recognizes the right of the Amerinds and the Inuit of Québec, the first inhabitants of this land, to preserve and develop their original language and culture;

Whereas these observations and intentions are in keeping with a new perception of the worth of national cultures in all parts of the earth, and of the obligation of every people to contribute in its special way to the international community;

Therefore, Her Majesty, with the advice and consent of the National Assembly of Québec, enacts as follows:

TITLE I STATUS OF THE FRENCH LANGUAGE

CHAPTER I THE OFFICIAL LANGUAGE OF QUÉBEC

1. French is the official language of Québec.

1977, c. 5, s. 1.

CHAPTER II FUNDAMENTAL LANGUAGE RIGHTS

2. Every person has a right to have the civil administration, the health services and social services, the public utility firms, the professional corporations, the associations of employees and all business firms doing business in Québec communicate with him in French.

1977, c. 5, s. 2.

3. In deliberative assembly, every person has a right to speak in French.

1977, c. 5, s. 3.

4. Workers have a right to carry on their activities in French.

1977, c. 5, s. 4.

5. Consumers of goods and services have a right to be informed and served in French.

1977, c. 5, s. 5.

6. Every person eligible for instruction in Québec has a right to receive that instruction in French.

1977, c. 5, s. 6.

CHAPTER III THE LANGUAGE OF THE LEGISLATURE AND THE COURTS

7. French is the language of the legislature and the courts in Québec, subject to the following:

(1)  legislative bills shall be printed, published, passed and assented to in French and in English, and the statutes shall be printed and published in both languages;

(2)  the regulations and other similar acts to which section 133 of the Constitution Act, 1867 applies shall be made, passed or issued, and printed and published in French and in English;

(3)  the French and English versions of the texts referred to in paragraphs 1 and 2 are equally authoritative;

(4)  either French or English may be used by any person in, or in any pleading in or process issuing from, any court of Québec.

1977, c. 5, s. 7; 1993, c. 40, s. 1.

8. Where an English version exists of a regulation or other similar act to which section 133 of the Constitution Act, 1867 does not apply, the French text shall prevail in case of discrepancy.

1977, c. 5, s. 8; 1993, c. 40, s. 1.

9. Every judgment rendered by a court of justice and every decision rendered by a body discharging quasi-judicial functions shall, at the request of one of the parties, be translated into French or English, as the case may be, by the civil administration bound to bear the cost of operating such court or body.

1977, c. 5, s. 9; 1993, c. 40, s. 1.

10. (Replaced).

1977, c. 5, s. 10; 1993, c. 40, s. 1.

11. (Replaced).

1977, c. 5, s. 11; 1993, c. 40, s. 1.

12. (Replaced).

1977, c. 5, s. 12; 1993, c. 40, s. 1.

13. (Replaced).

1977, c. 5, s. 13; 1993, c. 40, s. 1.

CHAPTER IV THE LANGUAGE OF THE CIVIL ADMINISTRATION

14. The Government, the government departments, the other agencies of the civil administration and the services thereof shall be designated by their French names alone.

1977, c. 5, s. 14.

15. The civil administration shall draw up and publish its texts and documents in the official language.

This section does not apply to relations with persons outside Québec, to publicity and communiqués carried by news media that publish in a language other than French or to correspondence between the civil administration and natural persons when the latter address it in a language other than French.

1977, c. 5, s. 15.

16. The civil administration shall use the official language in its written communications with other governments and with legal persons established in Québec.

1977, c. 5, s. 16; 1993, c. 40, s. 2.

17. The Government, the government departments and the other agencies of the civil administration shall use only the official language in their written communications with each other.

1977, c. 5, s. 17, s. 14.

18. French is the language of written internal communications in the Government, the government departments, and the other agencies of the civil administration.

1977, c. 5, s. 18, s. 14.

19. The notices of meeting, agendas and minutes of all deliberative assemblies in the civil administration shall be drawn up in the official language.

1977, c. 5, s. 19.

20. In order to be appointed, transferred or promoted to an office in the civil administration, a knowledge of the official language appropriate to the office applied for is required.

For the application of the preceding paragraph, each agency of the civil administration shall establish criteria and procedures of verification and submit them to the Office de la langue française for approval, failing which the Office may establish them itself. If the Office considers the criteria and procedures unsatisfactory, it may either request the agency concerned to modify them or establish them itself.

This section does not apply to bodies, services and departments recognized under the first paragraph of section 29.1 which implement the measures approved by the Office according to the third paragraph of section 23.

1977, c. 5, s. 20; 1983, c. 56, s. 2; 1993, c. 40, s. 3.

21. Contracts entered into by the civil administration, including the related sub-contracts, shall be drawn up in the official language. Such contracts and the related documents may be drawn up in another language when the civil administration enters into a contract with a party outside Québec.

1977, c. 5, s. 21.

22. The civil administration shall use only French in signs and posters, except where reasons of health or public safety require the use of another language as well.

In the case of traffic signs, the French inscription may be complemented or replaced by symbols or pictographs, and another language may be used where no symbol or pictograph exists that satisfies the requirements of health or public safety.

The Government may, however, determine by regulation the cases, conditions or circumstances in which the civil administration may use French and another language in signs and posters.

1977, c. 5, s. 22; 1993, c. 40, s. 4.

22.1. In the territory of a municipality, a specific term other than a French term may be used in conjunction with a generic French term to designate a thoroughfare if the term is sanctioned by usage or if its use has unquestionable merit owing to its cultural or historical interest.

1983, c. 56, s. 3; 1996, c. 2, s. 112.

23. The bodies, services and departments recognized under the first paragraph of section 29.1 must ensure that their services to the public are available in the official language.

They must draw up their notices, communications and printed matter intended for the public in the official language.

They must devise the necessary measures to make their services to the public available in the official language, and criteria and procedures for verifying knowledge of the official language for the purposes of application of this section. These measures, criteria and procedures are subject to approval by the Office.

1977, c. 5, s. 23; 1983, c. 56, s. 4; 1993, c. 40, s. 5.

24. The municipal and school bodies, the health services and social services and the other services recognized under the first paragraph of section 29.1 may erect signs and posters in both French and another language, the French text predominating.

1977, c. 5, s. 24; 1993, c. 40, s. 6.

25. (Repealed).

1977, c. 5, s. 25; 1983, c. 56, s. 5.

26. The bodies, services and departments recognized under the first paragraph of section 29.1 may use both the official language and another language in their names, their internal communications and their communications with each other.

In the recognized bodies, services and departments, two persons may use what language they choose in written communications to one another. However, a body, service or department shall, at the request of a person required to consult such a communication in the course of his duties, prepare a French version of it.

1977, c. 5, s. 26; 1983, c. 56, s. 6; 1993, c. 40, s. 7.

27. In the health services and the social services, the documents filed in the clinical records shall be drafted in French or in English, as the person drafting them sees fit. However, each health service or social service may require such documents to be drafted in French alone. Resumés of clinical records must be furnished in French on demand to any person authorized to obtain them.

1977, c. 5, s. 27.

28. Notwithstanding sections 23 and 26, school bodies recognized under the first paragraph of section 29.1, as well as departments recognized under the same provision which, in the school bodies, are entrusted with giving instruction in a language other than French may use the language of instruction in their communications connected with teaching without having to use the official language at the same time.

1977, c. 5, s. 28; 1983, c. 56, s. 7; 1993, c. 40, s. 8.

29. (Repealed).

1977, c. 5, s. 29; 1993, c. 40, s. 9.

29.1. The Office shall, for the purposes of the provisions of the third paragraph of section 20 and sections 23, 24, 26 and 28, recognize, at their request, the municipal or school bodies within the meaning of the Schedule, or the health and social services institutions referred to in the Schedule, that provide services to persons who, in the majority, speak a language other than French. It shall also recognize, for the purposes of those provisions and at the request of a school body, the departments of such a body that have charge of organizing or giving instruction in a language other than French.

The Government may, at the request of a body or institution that no longer satisfies the condition which enabled it to obtain recognition under the first paragraph, withdraw such recognition if it considers it appropriate in the circumstances and after having consulted the Office. Such a request shall be made to the Office, which shall transmit it to the Government with a copy of the record. The Government shall inform the Office and the body or institution of its decision.

1993, c. 40, s. 10.

CHAPTER V THE LANGUAGE OF THE SEMIPUBLIC AGENCIES

30. The public utility firms, the professional corporations and the members of the professional corporations must arrange to make their services available in the official language.

They must draw up their notices, communications and printed matter intended for the public, including public transportation tickets, in the official language.

1977, c. 5, s. 30.

30.1. The members of the professional orders must, where a person who calls upon their services so requests, provide a French copy of any notice, opinion, report, expertise or other document they draw up concerning that person, without requiring a charge for translation. The request may be made at any time.

1983, c. 56, s. 8; 1997, c. 24, s. 1.

31. The public utility firms and the professional corporations shall use the official language in their written communications with the civil administration and with artificial persons.

1977, c. 5, s. 31.

32. The professional orders shall use the official language in their written communications with their general membership.

They may, however, in communicating with an individual member, reply in his language.

1977, c. 5, s. 32; 1994, c. 40, s. 457.

33. Sections 30 and 31 do not apply to communiqués or publicity intended for news media that publish in a language other than French.

1977, c. 5, s. 33.

34. The professional orders shall be designated by their French names alone.

1977, c. 5, s. 34; 1994, c. 40, s. 457.

35. The professional orders shall not issue permits except to persons whose knowledge of the official language is appropriate to the practice of their profession.

A person is deemed to have the appropriate knowledge if

(1)  he has received, full time, no less than three years of secondary or post-secondary instruction provided in French;

(2)  he has passed the fourth or fifth year secondary level examinations in French as the first language;

(3)  from and after the school year 1985-86, he obtains a secondary school certificate in Québec.

In all other cases, a person must obtain a certificate issued by the Office de la langue française or hold a certificate defined as equivalent by regulation of the Government.

The Government, by regulation, may determine the procedures and conditions of issue of certificates by the Office, establish the rules governing composition of an examining committee to be formed by the Office, provide for the mode of operation of that committee, and determine criteria for evaluating the appropriate knowledge of French for the practice of a profession or a category of professions and a mode of evaluating such knowledge.

1977, c. 5, s. 35; 1983, c. 56, s. 9; 1993, c. 40, s. 11; 1994, c. 40, s. 457.

36. Within the last two years before obtaining a qualifying diploma for a permit to practise, every person enrolled in an educational institution that issues such diploma may give proof that his knowledge of the official language meets the requirements of section 35.

1977, c. 5, s. 36.

37. The professional orders may issue temporary permits valid for not more than one year to persons from outside Québec who are declared qualified to practise their profession but whose knowledge of the official language does not meet the requirements of section 35.

1977, c. 5, s. 37; 1994, c. 40, s. 457.

38. The permits envisaged in section 37 may be renewed, only three times, with the authorization of the Office de la langue française and if the public interest warrants it. For each renewal, the persons concerned must sit for examinations held according to the regulations of the Government.

In its annual report of activities, the Office shall indicate the number of permits for which it has given authorization for renewal pursuant to this section.

1977, c. 5, s. 38; 1993, c. 40, s. 12.

39. Persons having obtained, in Québec, a diploma referred to in section 36 may, until the end of 1980, avail themselves of sections 37 and 38.

1977, c. 5, s. 39.

40. Where it is in the public interest, a professional order, with the prior authorization of the Office de la langue française, may issue a restricted permit to a person already authorized under the laws of another province or another country to practise his profession. This restricted permit authorizes its holder to practise his profession for the exclusive account of a single employer, in a position that does not involve his dealing with the public.

In the case of this section, a permit may be issued to the spouse as well.

1977, c. 5, s. 40; 1983, c. 56, s. 10; 1994, c. 40, s. 457.

CHAPTER VI THE LANGUAGE OF LABOUR RELATIONS

41. Every employer shall draw up his written communications to his staff in the official language. He shall draw up and publish his offers of employment or promotion in French.

1977, c. 5, s. 41.

42. Where an offer of employment regards employment in the civil administration, a semipublic agency or a firm required to establish a francization committee, have an attestation of implementation of a francization programme or hold a francization certificate, as the case may be, the employer publishing this offer of employment in a daily newspaper published in a language other than French must publish it simultaneously in a daily newspaper published in French, with at least equivalent display.

1977, c. 5, s. 42; 1993, c. 40, s. 13.

43. Collective agreements and the schedules to them must be drafted in the official language, including those which must be filed pursuant to section 72 of the Labour Code (chapter C-27).

1977, c. 5, s. 43.

44. An arbitration award made following arbitration of a grievance or dispute regarding the negotiation, renewal or review of a collective agreement shall, at the request of one of the parties, be translated into French or English, as the case may be, at the parties’ expense.

1977, c. 5, s. 44; 1977, c. 41, s. 1; 1993, c. 40, s. 14.

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French, or because he has demanded that a right arising from the provisions of this chapter be respected.

1977, c. 5, s. 45; 1997, c. 24, s. 2.

46. An employer is prohibited from making the obtaining of an employment or office dependent upon the knowledge of a language other than the official language, unless the nature of the duties requires the knowledge of that other language.

The burden of proof that the knowledge of the other language is necessary is on the employer, at the demand of the person or the association of employees concerned or, as the case may be, the Office de la langue française. The Office de la langue française has the power to decide any dispute.

1977, c. 5, s. 46.

47. Any contravention of section 45 or 46, in addition to being an offence against this Act, gives a worker not governed by a collective agreement the same entitlement to vindicate his rights through a labour commissioner appointed under the Labour Code (chapter C‐27) as if he were dismissed for union activities. Sections 15 to 20 of the Labour Code then apply, with the necessary modifications.

If the worker is governed by a collective agreement, he has the same entitlement to submit his grievance for arbitration as his association, if the latter fails to act. Section 17 of the Labour Code applies, with the necessary modifications, for the arbitration of this grievance.

1977, c. 5, s. 47; 1977, c. 41, s. 1.

48. Except as they regard the vested rights of employees and their associations, juridical acts, decisions and other documents not in conformity to this chapter are null. The use of a language other than that prescribed in this chapter shall not be considered a defect of form within the meaning of section 151 of the Labour Code (chapter C-27).

1977, c. 5, s. 48.

49. Every association of employees shall use the official language in written communications with its members. It may use the language of an individual member in its correspondence with him.

1977, c. 5, s. 49.

50. Sections 41 to 49 of this act are deemed an integral part of every collective agreement. Any stipulation in the agreement contrary to any provision of this act is void.

1977, c. 5, s. 50.

CHAPTER VII THE LANGUAGE OF COMMERCE AND BUSINESS

51. Every inscription on a product, on its container or on its wrapping, or on a document or object supplied with it, including the directions for use and the warranty certificates, must be drafted in French. This rule applies also to menus and wine lists.

The French inscription may be accompanied with a translation or translations, but no inscription in another language may be given greater prominence than that in French.

1977, c. 5, s. 51; 1997, c. 24, s. 24.

52. Catalogues, brochures, folders, commercial directories and any similar publications must be drawn up in French.

1977, c. 5, s. 52; 1983, c. 56, s. 11; 1993, c. 40, s. 15.

52.1. All computer software, including game software and operating systems, whether installed or uninstalled, must be available in French unless no French version exists.

Software can also be available in languages other than French, provided that the French version can be obtained on terms, except price where it reflects higher production or distribution costs, that are no less favourable and that it has technical characteristics that are at least equivalent.

1997, c. 24, s. 3.

53. (Repealed).

1977, c. 5, s. 53; 1983, c. 56, s. 11; 1993, c. 40, s. 16; 1997, c. 24, s. 4.

54. Toys and games, except those referred to in section 52.1, which require the use of a non-French vocabulary for their operation are prohibited on the Québec market, unless a French version of the toy or game is available on the Québec market on no less favourable terms.

1977, c. 5, s. 54; 1993, c. 40, s. 17; 1997, c. 24, s. 5.

54.1. The Government may, by regulation and on the conditions it fixes, provide for exceptions to the application of sections 51 to 54.

1997, c. 24, s. 6.

55. Contracts pre-determined by one party, contracts containing printed standard clauses, and the related documents, must be drawn up in French. They may be drawn up in another language as well at the express wish of the parties.

1977, c. 5, s. 55.

56. If the documents referred to in section 51 are required by any Act, order in council or government regulation, they may be excepted from the rule enunciated in that section, provided that the languages in which they are drafted are the subject of a federal-provincial, interprovincial or international agreement.

1977, c. 5, s. 56.

57. Application forms for employment, order forms, invoices, receipts and quittances shall be drawn up in French.

1977, c. 5, s. 57.

58. Public signs and posters and commercial advertising must be in French.

They may also be both in French and in another language provided that French is markedly predominant.

However, the Government may determine, by regulation, the places, cases, conditions or circumstances where public signs and posters and commercial advertising must be in French only, where French need not be predominant or where such signs, posters and advertising may be in another language only.

1977, c. 5, s. 58; 1983, c. 56, s. 12; 1988, c. 54, s. 1; 1993, c. 40, s. 18.

58.1. (Replaced).

1988, c. 54, s. 1; 1993, c. 40, s. 18.

58.2. (Replaced).

1988, c. 54, s. 1; 1993, c. 40, s. 18.

59. Section 58 does not apply to advertising carried in news media that publish in a language other than French, or to messages of a religious, political, ideological or humanitarian nature if not for a profit motive.

1977, c. 5, s. 59; 1988, c. 54, s. 2; 1993, c. 40, s. 19.

60. (Repealed).

1977, c. 5, s. 60; 1988, c. 54, s. 3.

61. (Repealed).

1977, c. 5, s. 61; 1988, c. 54, s. 4; 1993, c. 40, s. 20.

62. (Repealed).

1977, c. 5, s. 62; 1983, c. 56, s. 13; 1988, c. 54, s. 5; 1993, c. 40, s. 20.

63. Firms names must be in French.

1977, c. 5, s. 63.

64. To obtain juridical personality, it is necessary to have a name in French.

1977, c. 5, s. 64.

65. Every firm name that is not in French must be changed before 31 December 1980, unless the act under which the firm is incorporated does not allow it.

1977, c. 5, s. 65.

66. Sections 63, 64 and 65 also apply to names entered by way of declaration in the register instituted in accordance with the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1977, c. 5, s. 66; 1993, c. 48, s. 197.

67. Family names, place names, expressions formed by the artificial combination of letters, syllables or figures, and expressions taken from other languages may appear in firm names to specify them, in accordance with the other Acts and with the regulations of the Government.

1977, c. 5, s. 67; 1993, c. 40, s. 21.

68. A firm name may be accompanied with a version in a language other than French provided that, when it is used, the French version of the firm name appears at least as prominently.

However, in public signs and posters and commercial advertising, the use of a version of a firm name in a language other than French is permitted to the extent that the other language may be used in such signs and posters or in such advertising pursuant to section 58 and the regulations enacted under that section.

In addition, in texts or documents drafted only in a language other than French, a firm name may appear in the other language only.

1977, c. 5, s. 68; 1983, c. 56, s. 14; 1988, c. 54, s. 6; 1993, c. 40, s. 22.

69. (Repealed).

1977, c. 5, s. 69; 1988, c. 54, s. 7.

70. Health services and social services the names of which, adopted before 26 August 1977, are in a language other than French may continue to use such names provided they add a French version.

1977, c. 5, s. 70.

71. A non-profit organization devoted exclusively to the cultural development or to the defense of the peculiar interests of a particular ethnic group may adopt a name in the language of the group, provided that it adds a French version.

1977, c. 5, s. 71.

CHAPTER VIII THE LANGUAGE OF INSTRUCTION

72. Instruction in the kindergarten classes and in the elementary and secondary schools shall be in French, except where this chapter allows otherwise.

This rule obtains in school bodies within the meaning of the Schedule and in private educational institutions accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1) with respect to the educational services covered by an accreditation.

Nothing in this section shall preclude instruction in English to foster the learning thereof, in accordance with the formalities and on the conditions prescribed in the basic school regulations established by the Government under section 447 of the Education Act (chapter I-13.3).

1977, c. 5, s. 72; 1992, c. 68, s. 138; 1993, c. 40, s. 23.

73. The following children, at the request of one of their parents, may receive instruction in English:

(1)  a child whose father or mother is a Canadian citizen and received elementary instruction in English in Canada, provided that that instruction constitutes the major part of the elementary instruction he or she received in Canada;

(2)  a child whose father or mother is a Canadian citizen and who has received or is receiving elementary or secondary instruction in English in Canada, and the brothers and sisters of that child, provided that that instruction constitutes the major part of the elementary or secondary instruction received by the child in Canada;

(3)  a child whose father and mother are not Canadian citizens, but whose father or mother received elementary instruction in English in Québec, provided that that instruction constitutes the major part of the elementary instruction he or she received in Québec;

(4)  a child who, in his last year in school in Québec before 26 August 1977, was receiving instruction in English in a public kindergarten class or in an elementary or secondary school, and the brothers and sisters of that child;

(5)  a child whose father or mother was residing in Québec on 26 August 1977 and had received elementary instruction in English outside Québec, provided that that instruction constitutes the major part of the elementary instruction he or she received outside Québec.

1977, c. 5, s. 73; 1983, c. 56, s. 15; 1993, c. 40, s. 24.

74. The parent who may make the requests provided for in this chapter must be the holder of parental authority. However, the person who has de facto custody of the child and who is not the holder of parental authority may also make such a request provided the holder of parental authority does not object.

1977, c. 5, s. 74; 1993, c. 40, s. 25.

75. The Minister of Education may empower such persons as he may designate to verify and decide on children’s eligibility for instruction in English under any of sections 73, 81, 85 and 86.1.

1977, c. 5, s. 75; 1993, c. 40, s. 26.

76. The persons designated by the Minister of Education under section 75 may verify the eligibility of children to receive their instruction in English even if they are already receiving or are about to receive their instruction in French.

Such persons may also declare a child eligible to receive instruction in English where his father or mother attended school after 26 August 1977 and would have been eligible to receive such instruction under any of paragraphs 1 to 5 of section 73, even if he or she did not receive such instruction. However, where the father or mother attended school before 17 April 1982, his or her eligibility shall be determined in accordance with section 73 as it read before that date, by adding, at the end of paragraphs a and b of that section, the words “provided that that instruction constitutes the major part of the elementary instruction he or she received in Québec”.

1977, c. 5, s. 76; 1993, c. 40, s. 27.

76.1. The persons declared eligible to receive instruction in English under any of sections 73, 76, 81, 85.1 and 86.1 are deemed to have received or be receiving instruction in English for the purposes of section 73.

1993, c. 40, s. 28.

77. A certificate of eligibility obtained fraudulently or on the basis of a false representation is void.

1977, c. 5, s. 77.

78. The Minister of Education may revoke a certificate of eligibility issued in error.

1977, c. 5, s. 78.

78.1. No person may permit or tolerate a child’s receiving instruction in English if he is ineligible therefor.

1986, c. 46, s. 7.

79. A school body not already giving instruction in English in its schools is not required to introduce it and shall not introduce it without express and prior authorization of the Minister of Education.

However, every school body shall, where necessary, avail itself of section 213 of the Education Act (chapter I-13.3) to arrange for the instruction in English of any child declared eligible therefor.

The Minister of Education shall grant the authorization referred to in the first paragraph if, in his opinion, it is warranted by the number of pupils in the jurisdiction of the school body who are eligible for instruction in English under this chapter.

1977, c. 5, s. 79; 1988, c. 84, s. 547; 1993, c. 40, s. 29.

80. The Government may, by regulation, prescribe the procedure to be followed where parents invoke section 73 or section 86.1, and the elements of proof they must furnish in support of their request.

1977, c. 5, s. 80, s. 14; 1993, c. 40, s. 30.

81. Children having serious learning disabilities may, at the request of one of their parents, receive instruction in English. The brothers and sisters of children thus exempted from the application of the first paragraph of section 72 may also be exempted.

The Government, by regulation, may define the classes of children envisaged in the preceding paragraph and determine the procedure to be followed in view of obtaining such an exemption.

1977, c. 5, s. 81, s. 14; 1983, c. 56, s. 16; 1993, c. 40, s. 31.

82. Any person to whom a decision concerning a child’s eligibility for instruction in English, made pursuant to section 73, 81, 85 or 86.1 applies may apply in writing for the review of the decision within 60 days of the date on which the person is informed of the decision.

1977, c. 5, s. 82; 1983, c. 56, s. 17; 1993, c. 40, s. 32; 1997, c. 43, s. 146.

83. Applications for review shall be filed with a review committee consisting of three members appointed by the Government after consultation with the most representative associations or organizations of parents, teachers, school boards, school administrators and socio-economic groups.

The Government shall appoint a substitute member to act whenever a member is absent or unable to act.

1977, c. 5, s. 83, s. 14; 1983, c. 56, s. 18; 1997, c. 24, s. 7; 1997, c. 43, s. 147.

83.1. (Repealed).

1983, c. 56, s. 18; 1997, c. 43, s. 148.

83.2. (Repealed).

1983, c. 56, s. 18; 1997, c. 43, s. 148.

83.3. For the exercise of their functions under this Act, the members of the review committee are vested with the immunities provided in sections 16 and 17 of the Act respecting public inquiry commissions (chapter C-37).

1983, c. 56, s. 18; 1997, c. 43, s. 149.

83.4. Any decision made by the review committee may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec.

1997, c. 43, s. 150.

84. No secondary school leaving certificate may be issued to a student who does not have the speaking and writing knowledge of French required by the curricula of the Ministère de l’Éducation.

1977, c. 5, s. 84.

85. Children staying in Québec temporarily may, at the request of one of their parents, be exempted from the application of the first paragraph of section 72 and receive instruction in English in the cases or circumstances and on the conditions determined by regulation of the Government. The regulation shall also prescribe the period for which such an exemption may be granted and the procedure to be followed in order to obtain or renew it.

1977, c. 5, s. 85, s. 14; 1983, c. 56, s. 19; 1993, c. 40, s. 33.

85.1. Where the review committee cannot accede to an application relating to the eligibility of a child for instruction in English but deems that proof of the existence of a serious situation has been made on family or humanitarian grounds, it shall make a report to the Minister of Education and transmit the child’s file to him. A copy of the report shall be sent to the person who made the application.

The production of the report shall interrupt the time allotted for contesting a decision under section 83.4 or suspend the proceeding, as the case may be, until the Minister has made a decision in the matter.

The Minister may certify eligible for instruction in English a child whose file is transmitted to him by the review committee under the first paragraph.

The Minister of Education shall indicate, in the report referred to in section 4 of the Act respecting the Ministère de l’Éducation (chapter M-15), the number of children certified eligible for instruction in English under the third paragraph and the grounds on which he certified them eligible.

1986, c. 46, s. 8; 1997, c. 43, s. 151.

86. The Government may make regulations extending the scope of section 73 to include such persons as may be contemplated in any reciprocity agreement that may be concluded between the Gouvernement du Québec and another province.

1977, c. 5, s. 86, s. 14; 1993, c. 40, s. 34.

86.1. In addition to the cases provided for in section 73, the Government, by order, may, at the request of one of the parents, authorize generally the following children to receive their instruction in English:

(a)  a child whose father or mother received the greater part of his or her elementary instruction in English elsewhere in Canada and, before establishing domicile in Québec, was domiciled in a province or territory that it indicates in the order and where it considers that the services of instruction in French offered to French-speaking persons are comparable to those offered in English to English-speaking persons in Québec;

(b)  a child whose father or mother establishes domicile in Québec and who, during his last school year or from the beginning of the current school year, has received primary or secondary instruction in English in the province or territory indicated in the order;

(c)  the younger brothers and sisters of children described in subparagraphs a and b.

Sections 76 to 79 apply to the persons contemplated in this section.

1983, c. 56, s. 20; 1993, c. 40, s. 35.

87. Nothing in this Act prevents the use of an Amerindic language in providing instruction to the Amerinds, or of Inuktitut in providing instruction to the Inuit.

1977, c. 5, s. 87; 1983, c. 56, s. 21.

88. Notwithstanding sections 72 to 86, in the schools under the jurisdiction of the Cree School Board or the Kativik School Board, according to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I‐14), the languages of instruction shall be Cree and Inuktitut, respectively, and the other languages of instruction in use in the Cree and Inuit communities in Québec on the date of the signing of the Agreement indicated in section 1 of the Act approving the Agreement concerning James Bay and Northern Québec (chapter C‐67), namely, 11 November 1975.

The Cree School Board and the Kativik School Board shall pursue as an objective the use of French as a language of instruction so that pupils graduating from their schools will in future be capable of continuing their studies in a French school, college or university elsewhere in Québec, if they so desire.

After consultation with the school committees, in the case of the Crees, and with the parents’ committees, in the case of the Inuit, the commissioners shall determine the rate of introduction of French and English as languages of instruction.

With the assistance of the Ministère de l’Éducation, the Cree School Board and the Kativik School Board shall take the necessary measures to have sections 72 to 86 apply to children whose parents are not Crees or Inuit. For the purposes of the second paragraph of section 79, a reference to the Education Act is a reference to section 450 of the Education Act for Cree, Inuit and Naskapi Native Persons.

This section, with the necessary modifications, applies to the Naskapi of Schefferville.

1977, c. 5, s. 88; 1983, c. 56, s. 22, s. 51; 1988, c. 84, s. 548.

CHAPTER IX MISCELLANEOUS

89. Where this Act does not require the use of the official language exclusively, the official language and another language may be used together.

1977, c. 5, s. 89.

90. Subject to section 7, anything that, by prescription of an Act of Québec or an Act of the British Parliament having application to Québec in a field of provincial jurisdiction, or of a regulation or an order in council, must be published in French and English may be published in French alone.

Similarly, anything that, by prescription of an Act, a regulation or an order in council, must be published in a French newspaper and in an English newspaper, may be published in a French newspaper alone.

1977, c. 5, s. 90; 1993, c. 40, s. 36.

91. Where this Act authorizes the drafting of texts or documents both in French and in one or more other languages, the French version must be displayed at least as prominently as every other language.

1977, c. 5, s. 91.

92. Nothing prevents the use of a language in derogation of this Act by international organizations designated by the Government or where international usage requires it.

1977, c. 5, s. 92, s. 14.

93. In addition to its other regulation-making powers under this Act, the Government may make regulations to facilitate the administration of the Act, including regulations defining the terms and expressions used in the Act or defining their scope.

1977, c. 5, s. 93, s. 14; 1993, c. 40, s. 37.

94. (Repealed).

1977, c. 5, s. 94, s. 14; 1993, c. 40, s. 38.

95. The following persons and bodies have the right to use Cree and Inuktitut and are exempt from the application of this Act, except sections 87, 88 and 96:

(a)  persons qualified for benefit under the Agreement indicated in section 1 of the Act approving the Agreement concerning James Bay and Northern Québec (chapter C‐67), in the territories envisaged by the said Agreement;

(b)  bodies to be created under the said Agreement, within the territories envisaged by the Agreement;

(c)  bodies of which the members are in the majority persons referred to in subparagraph a, within the territories envisaged by the Agreement.

This section, with the necessary modifications, applies to the Naskapi of Schefferville.

1977, c. 5, s. 95; 1983, c. 56, s. 51.

96. The bodies envisaged in section 95 must introduce the use of French into their administration, both to communicate in French with the rest of Québec and with those persons under their administration who are not contemplated in subparagraph a of that section, and to provide their services in French to those persons.

During a transitional period of such duration as the Government may fix after consultation with the persons concerned, sections 16 and 17 of this Act do not apply to communications of the civil administration with the bodies envisaged in section 95.

This section, with the necessary modifications, applies to the Naskapi of Schefferville.

1977, c. 5, s. 96, s. 14.

97. The Indian reserves are not subject to this Act.

The Government, by regulation, shall determine the cases, conditions and circumstances where or whereunder an agency or body contemplated in the Schedule is authorized to make an exception to the application of one or several provisions of this Act in respect of a person who resides or has resided on a reserve, a settlement in which a native community lives or on Category I and Category I-N lands within the meaning of the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1).

1977, c. 5, s. 97; 1983, c. 56, s. 23; 1993, c. 40, s. 39.

98. The various agencies of the civil administration, and the health services and social services, the public utility firms and the professional corporations referred to in this act are listed in the Schedule.

1977, c. 5, s. 98.

TITLE II THE OFFICE DE LA LANGUE FRANÇAISE AND FRANCIZATION

CHAPTER I INTERPRETATION

99. In this title,

(a)  “Commission” means the Commission de toponymie established by this title;

(b)  “Minister” means the Minister responsible for the application of this Act;

(c)  “Office” means the Office de la langue française established by this title.

1977, c. 5, s. 99.

CHAPTER II THE OFFICE DE LA LANGUE FRANÇAISE

100. An Office de la langue française is established to define and conduct Québec policy on linguistics research and terminology and to see that the French language becomes, as soon as possible, the language of communication, work, commerce and business in the civil administration and business firms.

1977, c. 5, s. 100; 1993, c. 40, s. 40; 1997, c. 24, s. 8.

101. The Office is composed of seven members, including a president, appointed by the Government for not more than five years.

The president shall exercise his functions on a full-time basis.

1977, c. 5, s. 101, s. 14; 1997, c. 24, s. 9.

102. The staff of the Office shall be appointed and remunerated under the Public Service Act (chapter F-3.1.1).

1977, c. 5, s. 102; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

103. The president shall exercise in regard to the members of the staff of the Office the powers vested by the Public Service Act (chapter F-3.1.1) in the chief executive officer of an agency.

1977, c. 5, s. 103; 1978, c. 15, s. 133, s. 140; 1983, c. 55, s. 161.

104. The Government shall fix the fees, allowances or salary of the president and of the other members of the Office or, as the case may be, their additional salary.

1977, c. 5, s. 104, s. 14.

105. (Repealed).

1977, c. 5, s. 105; 1997, c. 24, s. 10.

106. If the president is unable to act, he shall be replaced by another member appointed by the Government.

1977, c. 5, s. 106, s. 14.

106.1. The president of the Office may not, on pain of forfeiture of office, have a direct or indirect interest in an enterprise that places his personal interest and that of the Office in conflict. However, forfeiture is not incurred if the interest devolves to him by succession or gift, provided it is renounced or disposed of with diligence.

1997, c. 24, s. 11.

107. No member of the Office shall participate in the discussion of a question in which he has a personal interest.

The Office shall decide if he has a personal interest. The member concerned shall not participate in that decision.

1977, c. 5, s. 107.

108. Three members shall constitute a quorum of the Office. In case of a tie-vote, the president shall have a casting vote.

1977, c. 5, s. 108.

109. At the expiry of their term, the president and the other members of the Office shall remain in office until they are reappointed or replaced.

1977, c. 5, s. 109.

110. The seat of the Office shall be in the territory of Ville de Québec or in that of Ville de Montréal, as the Government may decide.

The Office shall have an office in the territory of both cities.

The Office may hold its sittings at any place in Québec.

1977, c. 5, s. 110, s. 14; 1996, c. 2, s. 113.

111. The minutes of the sittings approved by the Office and certified true by the president or the secretary are authentic. The same applies to documents or copies emanating from the Office or forming part of its records when they are signed by the president or the secretary of the Office.

1977, c. 5, s. 111.

112. The members and staff of the Office cannot be prosecuted by reason of official acts done in good faith by them in the performance of their duties.

1977, c. 5, s. 112; 1993, c. 40, s. 41; 1997, c. 24, s. 12.

113. The Office shall

(a)  standardize and publicize the terms and expressions approved by it;

(b)  establish the research programmes necessary for the application of this Act;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  assist in defining and preparing the francization programmes provided for by this Act and oversee the application thereof;

(f)  (paragraph repealed).

1977, c. 5, s. 113; 1993, c. 40, s. 42.

114. The Office may

(a)  give its opinion to the Minister on draft regulations of the Government;

(b)  establish linguistic committees and determine their composition and their terms and conditions of operation and, as may be required, delegate such committees to the departments and agencies of the civil administration;

(c)  adopt internal management by-laws subject to approval by the Government;

(d)  establish by by-law subject to approval by the Government the services and committees necessary for the attainment of its purposes;

(e)  make agreements, according to law, with any other agency or any government to facilitate the administration of this Act;

(f)  require every teaching institution at the college or university level to file a report on the language used in its manuals and state its observations in that respect in its annual report;

(g)  assist the agencies of the civil administration, the semi-public agencies, business firms, the different associations, and individuals, in refining and enriching spoken and written French in Québec;

(h)  make recommendations concerning the terms and expressions it recommends, and publish its recommendations in the Gazette officielle du Québec.

1977, c. 5, s. 114, s. 14; 1985, c. 30, s. 24; 1993, c. 40, s. 43; 1997, c. 24, s. 13.

115. The Government may, by regulation, prescribe the measures of co-operation with the Office that must be taken by the departments and other agencies of the civil administration.

1977, c. 5, s. 115, s. 14.

116. The departments and agencies of the civil administration may establish linguistic committees and determine their composition and operation.

The mission of a linguistic committee established by the Office or by departments or agencies shall be to

(a)  assist departments and agencies in improving the quality of the French language;

(b)  identify terminological deficiencies and problematical terms and expressions in its designated field, and indicate the terms and expressions it recommends. Such terms and expressions shall be submitted to the Office for standardization or recommendation.

1977, c. 5, s. 116; 1997, c. 24, s. 14.

117. (Replaced).

1977, c. 5, s. 117; 1997, c. 24, s. 14.

118. Upon publication in the Gazette officielle du Québec of the terms and expressions standardized by the Office, their use becomes obligatory in texts, documents, signs and posters emanating from the civil administration and in contracts to which it is a party, and in teaching manuals and educational and research works published in French in Québec and approved by the Minister of Education.

1977, c. 5, s. 118; 1983, c. 56, s. 24; 1985, c. 21, s. 20; 1988, c. 41, s. 88; 1993, c. 51, s. 18; 1994, c. 16, s. 50.

118.1. (Repealed).

1993, c. 40, s. 44; 1997, c. 24, s. 15.

118.2. (Repealed).

1993, c. 40, s. 44; 1997, c. 24, s. 15.

118.3. (Repealed).

1993, c. 40, s. 44; 1997, c. 24, s. 15.

118.4. (Repealed).

1993, c. 40, s. 44; 1997, c. 24, s. 15.

118.5. (Repealed).

1993, c. 40, s. 44; 1997, c. 24, s. 15.

119. Not later than 31 October every year, the Office must submit a report of its activities for the preceding fiscal year to the Minister.

1977, c. 5, s. 119.

120. The Minister shall table such report in the National Assembly within thirty days following its receipt. If he receives it while the National Assembly is not sitting, he shall table it within thirty days after the opening of the next session or after resumption.

1977, c. 5, s. 120.

121. No civil action may be brought by reason of the publication in good faith of the whole or a part of the reports of the Office, or of resumés of such reports.

1977, c. 5, s. 121.

CHAPTER III THE COMMISSION DE TOPONYMIE

122. A Commission de toponymie is established at the Office de la langue française and is incorporated into it for administrative purposes.

1977, c. 5, s. 122.

123. The Commission is composed of seven members, including the chairman, appointed by the Government for not more than five years.

The Government shall fix the remuneration and determine the fringe benefits and other conditions of employment of the members of the Commission.

1977, c. 5, s. 123, s. 14; 1983, c. 56, s. 25; 1993, c. 40, s. 45.

123.1. The members of the Commission remain in office notwithstanding the expiry of their term until they are reappointed or replaced.

1983, c. 56, s. 25.

124. The Commission has competence to propose to the Government the criteria of selection and rules of spelling of all place names and to make the final decision on the assignment of names to places not already named and to approve any change of place names.

The Government may establish, by regulation, the criteria for the choice of place names, the rules of spelling to be followed in matters relating to toponymy and the method to be followed in choosing and obtaining approval for place names.

1977, c. 5, s. 124; 1993, c. 40, s. 46.

125. The Commission shall:

(a)  propose to the Government the standards and rules of spelling to be followed in place names;

(b)  catalogue and preserve place names;

(c)  establish and standardize geographical terminology, in cooperation with the Office;

(d)  officialize place names;

(e)  publicize the official geographical nomenclature of Québec;

(f)  advise the Government on any question submitted by it to the Commission relating to toponymy.

1977, c. 5, s. 125, s. 14; 1993, c. 40, s. 47.

126. The Commission may:

(a)  advise the Government and other agencies of the civil administration on any question relating to toponymy;

(b)  (subparagraph repealed);

(c)  in unorganized territories, name geographical places or change their names;

(d)  with the consent of the agency of the civil administration having concurrent jurisdiction over the place name, determine or change the name of any place in a local municipal territory.

1977, c. 5, s. 126, s. 14; 1993, c. 40, s. 48; 1996, c. 2, s. 114.

127. The names approved by the Commission during the year must be published at least once a year in the Gazette officielle du Québec.

1977, c. 5, s. 127.

128. Upon the publication in the Gazette officielle du Québec of the names chosen or approved by the Commission, the use of such names becomes obligatory in texts and documents of the civil administration and the semipublic agencies, in traffic signs, in public signs and posters and in teaching manuals and educational and research works published in Québec and approved by the Minister of Education.

1977, c. 5, s. 128; 1985, c. 21, s. 21; 1988, c. 41, s. 88; 1993, c. 51, s. 19; 1994, c. 16, s. 50.

CHAPTER IV FRANCIZATION OF THE CIVIL ADMINISTRATION

129. Every agency of the civil adminitration requiring a delay to comply with certain provisions of this act or to ensure the generalized use of French in its domain must as soon as possible adopt a francization programme under the authority and with the assistance of the Office.

1977, c. 5, s. 129.

130. The francization programs must take into account the situation of persons nearing retirement or having a long record of service with the civil administration.

1977, c. 5, s. 130.

131. Every agency of the civil administration must, not later than 180 days after the beginning of its activities, submit to the Office a report including an analysis of the language situation in that agency and an account of the measures it has adopted and those it intends to adopt in view of complying with this Act.

The Office shall determine the form of such report and the information it must furnish.

1977, c. 5, s. 131; 1983, c. 56, s. 26.

132. If the Office considers the adopted or envisaged measures insufficient, it shall give the persons concerned the opportunity to present observations and have the documents and information it considers essential forwarded to it.

It shall prescribe appropriate correctives, if needed.

Any agency refusing to implement such correctives is guilty of an offence.

1977, c. 5, s. 132; 1997, c. 43, s. 152.

133. For a period of not more than one year, the Office may exempt from the application of any provision of this Act any service or agency of the civil administration that requests it, if it is satisfied with the measures taken by that service or agency towards the objectives set by this Act and the regulations.

1977, c. 5, s. 133.

134. (Repealed).

1977, c. 5, s. 134; 1983, c. 56, s. 27; 1992, c. 61, s. 99.

CHAPTER V FRANCIZATION OF BUSINESS FIRMS

135. This chapter applies to all firms, including public utility firms.

1977, c. 5, s. 135; 1993, c. 40, s. 49.

136. Firms employing one hundred or more persons must form a francization committee composed of six or more persons.

The francization committee shall analyse the language situation in the firm and make a report to the management of the firm for transmission to the Office. Where necessary, the committee shall devise a francization programme for the firm and supervise its implementation. Where a francization certificate is issued to the firm, the committee shall ensure that the use of French remains generalized at all levels of the firm according to the terms of section 141.

The francization committee may establish subcommittees to assist it in the carrying out of its tasks.

The francization committee shall meet not less than once every six months.

1977, c. 5, s. 136; 1983, c. 56, s. 28; 1993, c. 40, s. 49.

137. At least one-third of the members of the francization committee and of every subcommittee shall be representatives of the workers of the firm.

Such representatives shall be designated by the association of employees representing the majority of the workers or, where several associations of employees together represent the majority of the workers, such associations shall designate the representatives by agreement. In the absence of an agreement, or in all other cases, such representatives shall be elected by the whole body of the workers of the firm in the manner and on the conditions determined by the management of the firm.

The workers’ representatives are designated for a period of not more than two years. However, their term as representatives may be renewed.

1977, c. 5, s. 137; 1983, c. 56, s. 29; 1993, c. 40, s. 49.

138. The firm shall provide the Office with a list of the members of the francization committee and every subcommittee, and any changes to such list.

1977, c. 5, s. 138; 1993, c. 40, s. 49.

138.1. (Replaced).

1983, c. 56, s. 30; 1993, c. 40, s. 49.

139. A firm which employs fifty persons or more for a period of six months must register with the Office within six months of the end of that period. For that purpose, the firm shall inform the Office of the number of persons it employs and provide it with general information on its legal status and its functional structure and on the nature of its activities.

The Office shall issue a certificate of registration to the firm.

Within twelve months of the date on which the certificate of registration is issued, the firm shall transmit an analysis of its linguistic situation to the Office.

1977, c. 5, s. 139; 1983, c. 56, s. 31; 1993, c. 40, s. 49.

140. If the Office considers, after examining the analysis of the firm’s linguistic situation, that the use of French is generalized at all levels of the firm according to the terms of section 141, it shall issue a francization certificate.

If, however, the Office considers that the use of French is not generalized at all levels of the firm, it shall notify the firm that it must adopt a francization programme. The programme shall be submitted to the Office for approval within twelve months of the date on which the notice is received.

1977, c. 5, s. 140; 1983, c. 56, s. 32; 1993, c. 40, s. 49.

141. The francization programme is intended to generalize the use of French at all levels of the firm through

(1)  the knowledge of the official language on the part of management, the members of the professional corporations and the other members of the personnel;

(2)  an increase, where necessary, at all levels of the firm, including the board of directors, in the number of persons having a good knowledge of the French language so as to generalize its use;

(3)  the use of French as the language of work and as the language of internal communication;

(4)  the use of French in the working documents of the firm, especially in manuals and catalogues;

(5)  the use of French in communications with the civil administration, clients, suppliers, the public and shareholders except, in the latter case, if the firm is a closed company within the meaning of the Securities Act (chapter V-1.1);

(6)  the use of French terminology;

(7)  the use of French in public signs and posters and commercial advertising;

(8)  appropriate policies for hiring, promotion and transfer;

(9)  the use of French in information technologies.

1977, c. 5, s. 141; 1993, c. 40, s. 49.

142. A francization programme must take account of

(1)  the situation of persons who are near retirement or of persons who have long records of service with the firm;

(2)  the relations of the firm with the exterior;

(3)  the particular case of head offices and research centres established in Québec by firms whose activities extend outside Québec;

(4)  in firms producing cultural goods having a language content, the particular situation of production units whose work is directly related to such language content.

1977, c. 5, s. 142; 1993, c. 40, s. 49.

143. After having approved the francization programme of a firm, the Office shall issue an attestation of implementation in respect of the programme.

The firm must comply with the elements and stages of its programme and keep its personnel informed of the implementation thereof.

In addition, the firm must submit reports on the implementation of its programme to the Office, every twenty-four months in the case of a firm employing fewer than one hundred persons and every twelve months in the case of a firm employing one hundred or more persons.

1977, c. 5, s. 143; 1983, c. 56, s. 33; 1993, c. 40, s. 49.

144. The implementation of francization programmes in head offices and in research centres may be the subject of special agreements with the Office to allow the use of a language other than French as the language of operation.

The Government shall determine, by regulation, in what cases, on what conditions and according to what terms a head office or research centre may be a party to such an agreement. The regulation may prescribe matters which must be dealt with under certain provisions of such an agreement.

While such an agreement remains in force, the head office or research centre is deemed to be complying with the provisions of this chapter.

1977, c. 5, s. 144; 1983, c. 56, s. 34; 1993, c. 40, s. 49.

144.1. (Replaced).

1983, c. 56, s. 34; 1993, c. 40, s. 49.

145. Where a firm has completed the implementation of its francization programme and the Office considers that the use of French is generalized at all levels of the firm according to the terms of section 141, the Office shall issue a francization certificate.

1977, c. 5, s. 145; 1993, c. 40, s. 49.

146. Every firm holding a francization certificate issued by the Office is required to ensure that the use of French remains generalized at all levels according to the terms of section 141.

The firm shall submit to the Office, every three years, a report on the progression of the use of French in the firm.

1977, c. 5, s. 146; 1983, c. 56, s. 35; 1993, c. 40, s. 49.

147. The Office may refuse, suspend or cancel the attestation of implementation of a francization programme or the francization certificate of a firm which is not or is no longer complying with its obligations under this Act or the regulations thereunder.

Before making a decision, the Office may hear the views of any interested person on the situation of the firm concerned.

1977, c. 5, s. 147; 1983, c. 56, s. 36; 1993, c. 40, s. 49.

148. The Government shall determine, by regulation, the procedure relating to the issue, suspension or cancellation of an attestation of implementation of a francization programme or a francization certificate. Such procedure may vary according to the classes of firms established by the Government.

The Government shall also determine, by regulation, the procedure by which an interested person makes his views known under the second paragraph of section 147.

1977, c. 5, s. 148; 1983, c. 56, s. 37; 1993, c. 40, s. 49.

149. (Replaced).

1977, c. 5, s. 149; 1993, c. 40, s. 49.

150. (Replaced).

1977, c. 5, s. 150; 1983, c. 56, s. 38; 1993, c. 40, s. 49.

151. The Office may, with the approval of the Minister, and on condition of a notice in the Gazette officielle du Québec, require a business firm employing less than fifty persons to analyse its language situation and to prepare and implement a francization programme.

Where such a firm requires a period of time to comply with certain provisions of this Act or of a regulation thereunder, it may request the assistance of the Office and enter into a special agreement with the latter. Within the scope of such an agreement, the Office may, for the period it determines, exempt the firm from the application of any provision of this Act or of a regulation thereunder.

The Office shall, every year, make a report to the Minister of the measures taken by the firms and the exemptions granted.

1977, c. 5, s. 151; 1993, c. 40, s. 50.

151.1. Every business firm that fails to comply with the obligations imposed by sections 136 to 146 and 151 with regard to the francization process applicable to it commits an offence and is liable to the penalties provided for in section 205.

1997, c. 24, s. 16.

152. (Repealed).

1977, c. 5, s. 152; 1993, c. 40, s. 51.

153. The Office may, for such period as it may determine, exempt a business firm from the application of any provision of this Act or of the regulations

(a)  where it issues a certificate of registration or a francization certificate, or

(b)  where a francization programme approved by the Office is in the process of being implemented in the firm.

The Office shall notify the Minister of any exemption thus granted.

1977, c. 5, s. 153; 1983, c. 56, s. 39; 1993, c. 40, s. 52.

154. The general information, the analysis of the linguistic situation and the reports provided for in this chapter must be submitted on the forms and questionnaires furnished by the Office.

1977, c. 5, s. 154; 1983, c. 56, s. 40; 1993, c. 40, s. 53.

154.1. (Replaced).

1983, c. 56, s. 40; 1993, c. 40, s. 53.

155. (Replaced).

1977, c. 5, s. 155, s. 14; 1978, c. 18, s. 24; 1978, c. 15, s. 140; 1983, c. 56, s. 41; 1983, c. 55, s. 161; 1993, c. 40, s. 53.

155.1. (Replaced).

1983, c. 56, s. 41; 1993, c. 40, s. 53.

155.2. (Replaced).

1983, c. 56, s. 41; 1993, c. 40, s. 53.

155.3. (Replaced).

1983, c. 56, s. 41; 1993, c. 40, s. 53.

155.4. (Replaced).

1983, c. 56, s. 41; 1993, c. 40, s. 53.

156. (Replaced).

1977, c. 5, s. 156; 1993, c. 40, s. 53.

TITLE III THE COMMISSION DE PROTECTION DE LA LANGUE FRANÇAISE

1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

CHAPTER I ESTABLISHMENT AND MISSION

1997, c. 24, s. 17.

157. A commission is hereby established, under the name of Commission de protection de la langue française, and is charged with ensuring compliance with this Charter.

1977, c. 5, s. 157; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

CHAPTER II ORGANIZATION

1997, c. 24, s. 17.

158. The Commission shall consist of three members, appointed by the Government, including a chairman who shall have the direction of the Commission.

1977, c. 5, s. 158; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

159. The members of the Commission shall be appointed for a term of not more than five years.

On the expiry of their term, the members of the Commission shall remain in office until replaced or reappointed.

1977, c. 5, s. 159; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

160. Only the chairman shall exercise his functions on a full-time basis. The remuneration, employee benefits and other conditions of employment of the chairman shall be fixed by the Government.

The Government shall fix the fees and allowances of the other members of the Commission.

1977, c. 5, s. 160, s. 14; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

161. The chairman may not, on pain of forfeiture of office, have a direct or indirect interest in an enterprise that places his personal interest and that of the Commission in conflict. However, forfeiture is not incurred if the interest devolves to him by succession or gift, provided it is renounced or disposed of with diligence.

Where a member of the Commission other than the chairman is in the situation referred to in the first paragraph, the member must, on pain of forfeiture of office, disclose his interest in writing to the chairman and refrain from taking part in any discussion or decision involving the enterprise in which the interest is held.

1977, c. 5, s. 161; 1978, c. 15, s. 140; 1983, c. 56, s. 43; 1983, c. 55, s. 161; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

162. Two members of the Commission, including the chairman, constitute a quorum. In the case of a tie-vote, the chairman has a casting vote.

1977, c. 5, s. 162; 1978, c. 15, s. 133, s. 140; 1983, c. 56, s. 43; 1983, c. 55, s. 161; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

163. If the chairman is absent or unable to act, the Government shall designate a person to replace the chairman, on the conditions it fixes.

1977, c. 5, s. 163, s. 14; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

164. The members of the staff of the Commission shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1977, c. 5, s. 164; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

165. The Commission shall have its head office at the place determined by the Government.

1977, c. 5, s. 165, s. 14; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

CHAPTER III INSPECTIONS AND INQUIRIES

1997, c. 24, s. 17.

166. The Commission may, for the purposes of this Charter, make inspections and inquiries.

1977, c. 5, s. 166; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

167. The Commission shall act on its own initiative or following the filing of a complaint.

Where a complaint has been filed, the chairman may exercise, alone, the powers of the Commission.

1977, c. 5, s. 167; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

168. Every complaint must be filed in writing; it must set out the grounds on which it is based and state the identity of the complainant. The Commission shall provide assistance to complainants in drawing up their complaints.

1977, c. 5, s. 168; 1983, c. 56, s. 43; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

169. The Commission shall refuse to act if the complaint is manifestly unfounded or in bad faith.

The Commission may refuse to act if an appropriate recourse is available to the complainant or if it considers that the circumstances do not justify its intervention.

Where it refuses to act, the Commission shall inform the complainant of its decision, giving the reasons on which it is based. The Commission shall inform the complainant of the recourses available, if any.

1977, c. 5, s. 169; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

170. The Commission shall forward records concerning a firm to which section 136, 139 or 151 applies to the Office de la langue française to enable the Office to propose corrective measures, where necessary, to be taken by the firm within the time limit fixed by the Commission after consultation with the Office.

If the corrective measures are not taken within the time fixed, the Commission shall undertake an inquiry.

The Commission may, in the same manner and for the same purposes, forward the record of a firm not referred to in the first paragraph to the Office.

1977, c. 5, s. 170; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

171. The Commission may designate, generally or specially, any person to make an inquiry or an inspection.

1977, c. 5, s. 171; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

172. The Commission has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

Where necessary, the Commission may confer such powers and immunity on any person it designates.

1977, c. 5, s. 172; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

173. No proceedings may be instituted against a person making an inspection or an inquiry by reason of any act or omission done in good faith in the exercise of his functions.

1977, c. 5, s. 173; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

174. A person making an inspection for the purposes of this Act may, during business hours, provided it is at a reasonable time, enter any place open to the public. In the course of the inspection, the person may, in particular, examine any product or document, make copies, and require any relevant information.

The person must, at the request of any interested person, identify himself and produce the certificate attesting his capacity.

1977, c. 5, s. 174; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

175. The Commission may, for the purposes of this chapter, require a person to forward any relevant document or information within the time it fixes.

1977, c. 5, s. 175; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

176. No person may hinder, in any way, the actions of the Commission or of a person designated by the Commission when acting in the exercise of their functions, mislead the Commission or the person by withholding information or making false statements, or refuse to provide any information or document the Commission or the person is entitled to obtain.

1977, c. 5, s. 176; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

177. Where the Commission is of the opinion that this Charter or a regulation thereunder has been contravened, it shall give the alleged offender formal notice to comply therewith within the time indicated. If the alleged offender fails to comply, the Commission shall refer the matter to the Attorney General so that he may, where required, institute appropriate penal proceedings.

In the case of a contravention of section 78.1 or 176, the Commission shall refer the matter directly to the Attorney General, without giving prior formal notice.

1977, c. 5, s. 177; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

CHAPTER IV MISCELLANEOUS PROVISIONS

1997, c. 24, s. 17.

178. The Commission may, as regards certain administrative services, enter into pooling agreements with the Office.

1977, c. 5, s. 178; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

179. The Commission must file with the Minister, not later than 31 October every year, a report of its activities for the preceding fiscal year.

The Minister shall table the report in the National Assembly within 30 days following its receipt or, if the Assembly is not sitting, within 30 days of resumption.

1977, c. 5, s. 179; 1983, c. 56, s. 42; 1993, c. 40, s. 54; 1997, c. 24, s. 17.

180. (Repealed).

1977, c. 5, s. 180; 1983, c. 56, s. 43; 1993, c. 40, s. 54.

181. (Repealed).

1977, c. 5, s. 181; 1993, c. 40, s. 54.

182. (Repealed).

1977, c. 5, s. 182; 1986, c. 46, s. 9; 1993, c. 40, s. 54.

183. (Repealed).

1977, c. 5, s. 183; 1983, c. 56, s. 43; 1993, c. 40, s. 54.

184. (Repealed).

1977, c. 5, s. 184; 1983, c. 56, s. 43; 1993, c. 40, s. 54.

TITLE IV THE CONSEIL DE LA LANGUE FRANÇAISE

185. In this title,

(a)  “Conseil” means the Conseil de la langue française;

(b)  “Minister” designates the Minister entrusted with the application of this act;

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

1977, c. 5, s. 185.

186. A Conseil de la langue française is established to advise the Minister on Québec policy with regard to the French language and on any question relating to the interpretation and application of this act.

1977, c. 5, s. 186.

187. The Conseil shall be composed of twelve members, appointed by the Government, namely:

(a)  the chairman and a secretary;

(b)  two persons chosen after consultation with the representative socio-cultural associations;

(c)  two persons chosen after consultation with the representative union bodies;

(d)  two persons chosen after consultation with the representative management groups;

(e)  two persons chosen after consultation with the universities;

(f)  two persons chosen after consultation with the representative associations of the ethnic groups.

1977, c. 5, s. 187, s. 14.

188. The Conseil shall:

(a)  advise the Minister on the questions he submits to it relating to the situation of the French language in Québec and the interpretation or application of this Act;

(b)  keep a watch on language developments in Québec with respect to the status and quality of the French language and communicate its findings and conclusions to the Minister;

(c)  apprise the Minister of the questions pertaining to language that in its opinion require attention or action by the Government;

(d)  (paragraph repealed).

1977, c. 5, s. 188, s. 14; 1993, c. 40, s. 55.

189. The Conseil may:

(0.a)  advise the Minister on the draft regulations of the Government;

(a)  receive and hear observations of and suggestions from individuals or groups on questions relating to the status and quality of the French language;

(b)  undertake the study of any question pertaining to language and carry out or have others carry out any appropriate research;

(c)  receive the observations of any agency of the civil administration or business firm on the difficulties encountered in the application of this Act and report to the Minister;

(d)  inform the public on questions regarding the French language in Québec;

(e)  adopt internal management by-laws, subject to approval by the Government.

1977, c. 5, s. 189, s. 14; 1993, c. 40, s. 56.

190. The chairman and the secretary shall be appointed for not more than five years and the other members for four years.

However, three of the first members other than the chairman shall be appointed for one year, three for two years, two for three years and two for four years.

The term of office of the members of the Conseil may be renewed.

The chairman and the secretary shall exercise their functions on a full-time basis.

1977, c. 5, s. 190; 1997, c. 24, s. 18.

191. At the expiry of their term, the members of the Conseil shall remain in office until they are reappointed or replaced.

1977, c. 5, s. 191.

192. In the case where a member does not complete his term, the Government shall replace him, in the mode prescribed in section 187, for the remainder of his term.

1977, c. 5, s. 192, s. 14.

193. The chairman shall direct the activities of the Conseil and coordinate its work; he shall be responsible for liaison between the Conseil and the Minister.

1977, c. 5, s. 193.

194. (Repealed).

1977, c. 5, s. 194; 1997, c. 24, s. 19.

195. The Government shall fix the fees, allowances or salary of the chairman or, as the case may be, his additional salary.

1977, c. 5, s. 195, s. 14.

196. The members of the Conseil other than the chairman and the secretary shall not be remunerated. They are entitled, however, to reimbursement of their expenses incurred in the exercise of their functions and to an attendance allowance fixed by the Government.

1977, c. 5, s. 196, s. 14.

197. The staff of the Conseil are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The chairman shall exercise in regard to the members of the staff of the Conseil the powers vested by the said act in the chief executive officer of an agency.

1977, c. 5, s. 197; 1978, c. 15, s. 133, s. 140; 1983, c. 55, s. 161.

197.1. The chairman and the secretary of the Conseil may not, on pain of forfeiture of office, have a direct or indirect interest in an enterprise that places their personal interest and that of the Conseil in conflict. However, forfeiture is not incurred if the interest devolves to them by succession or gift, provided it is renounced or disposed of with diligence.

1997, c. 24, s. 20.

198. The Conseil may establish special committees for the study of specific questions and commission them to collect the relevant information and report their findings and recommendations to it.

Such committees may consist in whole or in part of persons who are not members of the Conseil. The attendance allowances and fees of such persons shall be determined by the Conseil in accordance with the standards established for that purpose by the Government.

1977, c. 5, s. 198, s. 14; 1993, c. 40, s. 57.

199. In addition to the staff contemplated in section 197, the Conseil may employ the persons required to carry out the duly authorized work.

1977, c. 5, s. 199; 1993, c. 40, s. 58.

200. The seat of the Conseil shall be in the territory of the Communauté urbaine de Québec. It may hold its sittings at any place in Québec. It shall meet as often as necessary.

1977, c. 5, s. 200, s. 14; 1996, c. 2, s. 115.

201. Six members are a quorum of the Conseil. In the case of a tie-vote, the chairman has a casting vote.

1977, c. 5, s. 201.

202. If the chairman is temporarily absent or unable to act, he shall be replaced by the secretary.

1977, c. 5, s. 202.

203. Not later than 31 October each year, the Conseil must submit to the Minister a report of its activities for the preceding fiscal year.

1977, c. 5, s. 203.

204. The Minister shall table the report of the Conseil in the National Assembly if he receives it during a session. If he receives it while the National Assembly is not sitting, he shall table it within thirty days after the opening of the next session or after resumption.

1977, c. 5, s. 204.

TITLE V PENAL PROVISIONS AND OTHER SANCTIONS

1986, c. 46, s. 10; 1992, c. 61, s. 100.

205. Every person who contravenes a provision of this Act or the regulations adopted by the Government thereunder commits an offence and is liable

(a)  for each offence, to a fine of $250 to $700 in the case of a natural person, and of $500 to $1,400 in the case of a legal person;

(b)  for any subsequent conviction, to a fine of $500 to $1,400 in the case of a natural person, and of $1,000 to $7,000 in the case of a legal person.

1977, c. 5, s. 205, s. 14; 1986, c. 58, s. 15; 1990, c. 4, s. 128; 1991, c. 33, s. 18; 1993, c. 40, s. 59; 1997, c. 24, s. 21.

205.1. Every person who contravenes any of the provisions of sections 51 to 54 by distributing, selling by retail sale, renting, offering for sale or rental or otherwise marketing, for consideration or free of charge, or by possessing for such purposes,

(1)  a product, if the inscriptions on the product, on its container or wrapping, or on a document or object supplied with it, including the directions for use and the warranty certificates, are not in conformity with the provisions of this Charter,

(2)  computer software, including game software and operating systems, or a game or toy that is not in conformity with the provisions of this Charter, or

(3)  a publication that is not in conformity with the provisions of this Charter,

commits an offence and is liable to the fines provided for in section 205.

The operator of an establishment where menus or wine lists that are not in conformity with the provisions of section 51 are presented to the public also commits an offence and is liable to the fines provided for in section 205.

The burden of proof concerning the exceptions provided for in sections 52.1 and 54, or pursuant to section 54.1, lies with the person who invokes the exceptions.

1997, c. 24, s. 22.

206. (Repealed).

1977, c. 5, s. 206; 1986, c. 58, s. 16; 1990, c. 4, s. 129; 1991, c. 33, s. 19; 1993, c. 40, s. 60.

207. The Attorney General or the person authorized by him shall institute the prosecutions provided for by this Act and shall exercise the recourses necessary for its application.

1977, c. 5, s. 207; 1990, c. 4, s. 130.

208. Any court of civil jurisdiction, on a motion by the Attorney General, may order the removal or destruction at the expense of the defendant, within eight days of the judgment, of any poster, sign, advertisement, bill-board or illuminated sign not in conformity with this Act.

The motion may be directed against the owner of the advertising equipment or against whoever placed the poster, sign, advertisement, bill-board or illuminated sign or had it placed.

1977, c. 5, s. 208.

208.1. Every person who is convicted of contravening section 78.1 is disqualified for office as a school board commissioner.

The disqualification period is five years from the date on which the judgment of guilty becomes res judicata.

1986, c. 46, s. 11; 1988, c. 84, s. 549; 1990, c. 4, s. 131.

208.2. Where a judgment of guilty become res judicata has been rendered against a person in the employ of a school body who has been convicted of contravening section 78.1, the Attorney General shall notify the school body in writing.

On receiving the notice, the school body shall suspend that person without pay for six months.

1986, c. 46, s. 11; 1990, c. 4, s. 132.

TITLE VI TRANSITIONAL AND MISCELLANEOUS PROVISIONS

209. Section 11 shall come into force on 3 January 1979 and shall not affect cases pending on that date.

Section 13 shall come into force on 3 January 1980 and shall not affect cases pending on that date.

Section 34, 58 and 208 shall come into force on 3 July 1978, subject to section 211.

1977, c. 5, s. 209.

210. Owners of bill-boards or illuminated signs erected before 31 July 1974 must comply with section 58 from its coming into force.

1977, c. 5, s. 210.

211. Every person who has complied with the requirements of section 35 of the Official Language Act (1974, chapter 6) in respect of bilingual public signs shall have until 1 September 1981 to make the required changes, in particular to change his bill-boards and illuminated signs, in order to comply with this Act.

1977, c. 5, s. 211.

212. The Government shall entrust a minister with the application of this Act. Such minister shall exercise in regard to the staff of the Office de la langue française, that of the Commission de protection de la langue française and that of the Conseil de la langue française the powers of the incumbent minister of a department.

1977, c. 5, s. 230, s. 14; 1978, c. 15, s. 140; 1983, c. 56, s. 43; 1993, c. 40, s. 61; 1997, c. 24, s. 23.

The Minister of Culture and Communications is entrusted with the application of this Act. Order in Council 226-2001 dated 8 March 2001, (2001) 133 G.O. 2 (French), 1791.

213. This Act applies to the Government.

1977, c. 5, s. 231, s. 14.

214. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE

A. The civil administration

1. The Government and the Government departments.

2. The Government agencies:

Agencies to which the Government or a minister appoints the majority of the members, to which, by law, the officers or employees are appointed or remunerated in accordance with the Public Service Act (chapter F-3.1.1), or at least half of whose capital stock is derived from the consolidated revenue fund except, however, health services and social services, general and vocational colleges and the Université du Québec.

2.1 The Commission de développement de la métropole.

3. The municipal and school bodies:

(a) the urban communities:

The Communauté urbaine de Québec, the Communauté urbaine de Montréal and the Communauté urbaine de l’Outaouais, the Société de transport de la Communauté urbaine de Québec, the Société de transport de la Communauté urbaine de Montréal, the Société de transport de l’Outaouais, the Société de transport de la Ville de Laval and the Société de transport de la rive sud de Montréal;

(b) the municipalities:

The municipalities and the agencies under the jurisdiction of such municipalities which participate in the administration of their territory;

(c) the school bodies:

The school boards and the Conseil scolaire de l’Île de Montréal.

4. The health services and the social services:

Institutions within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

B. Semipublic agencies

1. Public utility firms:

If they are not already Government agencies, the telephone, telegraph and cable-delivery companies, the air, ship, autobus and rail transport companies, the companies which produce, transport, distribute or sell gas, water or electricity, and business firms holding authorizations from the Commission des transports.

2. Professional orders:

The professional orders listed in Schedule I to the Professional Code (chapter C-26) under the designation “Ordre professionnel”, or established in accordance with that Code.

1977, c. 5, Schedule; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1984, c. 42, s. 137; 1985, c. 31, s. 44; 1985, c. 32, s. 159; 1988, c. 84, s. 550; 1990, c. 85, s. 115; 1992, c. 21, s. 119, s. 375; 1993, c. 36, s. 8; 1993, c. 40, s. 62; 1993, c. 67, s. 108; 1994, c. 40, s. 457; 1994, c. 23, s. 23; 1996, c. 2, s. 116; 1997, c. 44, s. 98.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 5 of the statutes of 1977, in force on 31 December 1977, is repealed, except sections 224 to 229 and 232, effective from the coming into force of chapter C-11 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 11, 34, 58 and 208 of chapter 5 of the statutes of 1977, in force on 1 June 1979, are repealed effective from the coming into force of the updating to 1 June 1979 of chapter C-11 of the Revised Statutes.

Section 47 of this Charter will be amended upon the coming into force of section 55 of chapter 85 of the statutes of 1987 on the date fixed by order of the Government.