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

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-11, r. 9

Regulation respecting the language of commerce and business

Charter of the French language

(chapter C-11, ss. 54.1, 58 and 67).

DIVISION I EXCEPTIONS TO SECTION 51 OF THE CHARTER OF THE FRENCH LANGUAGE

1. For the purposes of this Division and unless the context indicates otherwise, any provision applicable to an inscription on a product also applies, with the necessary modifications, to an inscription on its container or wrapping or on a leaflet, brochure or card supplied with it, including the directions for use and the warranty certificates.

O.C. 1756-93, s. 1.

2. An inscription on a cultural or educational product such as a book, magazine, publication, disk, film or tape, or on a non-promotional greeting card, appointment book or calendar, may be exclusively in a language other than French if the content is in a language other than French or if the cultural or educational product, greeting card, appointment book or calendar has no language content.

O.C. 1756-93, s. 2.

3. An inscription on a product may be exclusively in a language other than French in the following cases:

(1)  the product is intended for a market outside Québec;

(2)  the inscription appears on a container used in interprovincial or international transportation of merchandise;

(3)  the product is from outside Québec, has not yet been marketed in Québec and is being exhibited at a convention, conference, fair or exhibition;

(4)  the product is from outside Québec, is intended for incorporation into a finished product or for use in a manufacturing, processing or repair operation and is not offered in Québec for retail sale;

(5)  the product is from outside Québec and is in limited use in Québec and no equivalent substitute presented in French is available in Québec; or

(6)  the product is from outside Québec and the inscription is engraved, baked or inlaid in the product itself, riveted or welded to it or embossed on it, in a permanent manner. However, inscriptions concerning safety must be written in French and appear on the product or accompany it in a permanent manner.

O.C. 1756-93, s. 3.

4. An inscription embossed on a tire may be exclusively in a language other than French.

O.C. 1756-93, s. 4.

5. An inscription on the original wrapping of perishable food from outside Québec may be exclusively in a language other than French provided that the food is not offered for retail sale in that wrapping.

O.C. 1756-93, s. 5.

6. An inscription on a product from outside Québec to be used for medical, pharmaceutical or scientific purposes or an inscription on the container of such a product may be exclusively in a language other than French provided that the French version of the inscription appears on the wrapping of the product or on a document supplied with the product and either of the following conditions is met:

(1)  the product is not offered in Québec for retail sale and no equivalent substitute presented in French is available in Québec; or

(2)  the product weighs 100 g or less or its container has a capacity of 10 cm3 or less or 10 ml or less.

O.C. 1756-93, s. 6.

7. The following inscriptions on a product may be exclusively in a language other than French:

(1)  the name of a firm established exclusively outside Québec;

(2)  a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto;

(3)  a place name designating a place situated outside Québec or a place name in such other language as officialized by the Commission de toponymie du Québec, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; and

(4)  a recognized trade mark within the meaning of the Trade Marks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.

O.C. 1756-93, s. 7.

8. A toy or game the operation of which requires the use of a non-French vocabulary may bear an inscription that is exclusively in a language other than French provided that a French version of the toy or game is available on no less favourable terms on the Québec market.

O.C. 1756-93, s. 8.

8.1. A list of the ingredients of a cosmetic may be written according to the conditions prescribed by the Cosmetic Regulations (C.R.C., c. 869).

O.C. 770-2006, s. 1.

9. Nothing in this Division precludes the inscription on a product of any artificial combination of letters, syllables or figures or of pictographs, figures or initials.

O.C. 1756-93, s. 9.

DIVISION II EXCEPTIONS TO SECTION 52 OF THE CHARTER OF THE FRENCH LANGUAGE

10. Catalogues, brochures, folders, commercial directories and any similar publications may be in 2 separate versions, one exclusively in French, the other exclusively in another language, provided that the material presentation of the French version is available under no less favourable conditions of accessibility and quality than the version in the other language.

However, the version exclusively in another language may be inserted in a news publication published exclusively in that language; it may also be sent to any natural person having made a written request to receive such documents in that other language.

In addition, catalogues, brochures, folders, commercial directories and any similar publications intended for persons belonging to the same ethnical group may be written only in the language of such group.

O.C. 1756-93, s. 10.

11. Catalogues, brochures, folders, commercial directories and any similar publications concerning a cultural or educational product within the meaning of section 2, concerning a cultural or educational activity such as a show, recital, speech, lecture, course, seminar or radio or television program or promoting a news medium may be exclusively in a language other than French provided that the content of the cultural or educational product is in that other language, the activity is held in that other language or the news medium publishes or broadcasts in that other language, as the case may be.

O.C. 1756-93, s. 11.

12. Catalogues, brochures, folders, commercial directories and any similar publications relating to a convention, conference, fair or exhibition, intended solely for a specialized or limited public, may be exclusively in a language other than French.

O.C. 1756-93, s. 12.

13. In catalogues, brochures, folders, commercial directories and any similar publications, the following may appear exclusively in a language other than French:

(1)  the name of a firm established exclusively outside Québec;

(2)  a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto;

(3)  a place name designating a place situated outside Québec or a place name in such other language as officialized by the Commission de toponymie du Québec, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; and

(4)  a recognized trade mark within the meaning of the Trade Marks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.

O.C. 1756-93, s. 13.

14. Nothing in this Division precludes the use of any artificial combination of letters, syllables or figures or the use of pictographs, figures or initials in catalogues, brochures, folders, commercial directories and any similar publications.

O.C. 1756-93, s. 14.

DIVISION III PUBLIC SIGNS AND POSTERS AND COMMERCIAL ADVERTISING

15. A firm’s commercial advertising, displayed on billboards, on signs or posters or on any other medium having an area of 16 m2 or more and visible from any public highway within the meaning of section 4 of the Highway Safety Code (chapter C-24.2), must be exclusively in French unless the advertising is displayed on the very premises of an establishment of the firm.

O.C. 1756-93, s. 15.

16. A firm’s commercial advertising on or in any public means of transportation and on or in the accesses thereto, including bus shelters, must be exclusively in French.

O.C. 1756-93, s. 16.

17. Public signs and posters displayed on or in a vehicle regularly used to transport passengers or merchandise, both in Québec and outside Québec, may be both in French and in another language provided that French appears at least as prominently.

O.C. 1756-93, s. 17.

18. Public signs and posters concerning health or public safety may be both in French and in another language provided that French appears at least as prominently.

O.C. 1756-93, s. 18.

19. Public signs and posters of a museum, botanical garden, zoo or cultural or scientific exhibition may, on the premises thereof, be both in French and in another language provided that French appears at least as prominently.

O.C. 1756-93, s. 19.

20. Public signs and posters and commercial advertising concerning an event intended for an international public or an event in which the majority of participants come from outside Québec, where directly related to the nature and recognized purpose of the event, may be both in French and in another language provided that French appears at least as prominently.

O.C. 1756-93, s. 20.

21. A public sign or poster bearing directions for the use of a device permanently installed in a public place may be both in French and in another language provided that French appears at least as prominently.

O.C. 1756-93, s. 21.

22. Unless the vehicle used is a news medium which publishes or broadcasts in French, public signs and posters and commercial advertising concerning a cultural or educational product within the meaning of section 2, a cultural or educational activity within the meaning of section 11 or a news medium may be exclusively in a language other than French provided that the content of the cultural or educational product is in that other language, the activity is held in that other language or the news medium publishes or broadcasts in that other language, as the case may be.

O.C. 1756-93, s. 22.

23. Public signs and posters displayed by a natural person for non-professional and non-commercial purposes may be in the language of the person’s choice.

O.C. 1756-93, s. 23.

24. Public signs and posters and commercial advertising concerning a convention, conference, fair or exhibition intended solely for a specialized or limited public may, during the event, be exclusively in a language other than French.

O.C. 1756-93, s. 24.

25. On public signs and posters and in commercial advertising, the following may appear exclusively in a language other than French:

(1)  the firm name of a firm established exclusively outside Québec;

(2)  a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto;

(3)  a place name designating a place situated outside Québec or a place name in such other language as officialized by the Commission de toponymie du Québec, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; and

(4)  a recognized trade mark within the meaning of the Trade Marks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.

O.C. 1756-93, s. 25.

26. Nothing in this Division precludes the use of any artificial combination of letters, syllables or figures or the use of pictographs, figures or initials on public signs and posters and in commercial advertising.

O.C. 1756-93, s. 26.

DIVISION IV EXPRESSION THAT MAY SPECIFY FIRM NAME

27. An expression taken from a language other than French may appear in a firm name to specify it provided that the expression is used with a generic term in the French language.

O.C. 1756-93, s. 27.

DIVISION V FINAL PROVISIONS

28. (Omitted).

O.C. 1756-93, s. 28.

29. (Omitted).

O.C. 1756-93, s. 29.

REFERENCES

O.C. 1756-93, 1993 G.O. 2, 6914

O.C. 770-2006, 2006 G.O. 2, 2992