Systematization of the
Content Of the Language Laws of Quebec [December 1998]
Claude
Bélanger,
Department of History,
Marianopolis College
Listed
below, and broken into various categories according to the linguistic requirements,
are the linguistic prescriptions as per the various language laws as they applied
in Quebec in 1998. The requirements are into categories; the number listed after
the requirement indicates the article that spells out this requirement. All the
articles are from Bill 101 [or the regulations issued under its authority] unless
specified otherwise. While a serious attempt has been made to be accurate and
complete here, please refer directly to the applicable laws and regulations for
legal information and decisions. The categories used here and the marginal numbering
are my own and do not appear in the laws. Part
One
French as a Fundamental Right in Quebec
F-1 | French
is the official language of Quebec [1]
| F-2 | All
individuals have a right to be communicated with in French; this applies to the
Public Administration, health and social services, public utilities, professional
corporations, trade unions and enterprises exercising their business in Quebec
[2]
| F-3 | During
the deliberations at a public meeting, anyone has the right to speak in French
[3]
| F-4 | All
have the right to work in French [4]
| F-5 | Consumers
of goods and services have the right to be informed and served in French [5]
| F-6 | Anyone
has the right to go to school in French [6]
| F-7 | It
is forbidden to an employer to layoff, fire, demote or replace an employee for
the single reason that the employee only speaks French or that there is not sufficient
knowledge of another language or that this employee has demanded the respect of
rights as outlined in the language laws. [45]
| F-8 | Businesses
of more than fifty employees must obtain a certificate of francization [139-140];
businesses of more than one hundred employees must establish a Committee of francization
[136]; the aim of francization programmes is to generalise the use of French at
all levels of the enterprises of Quebec [141]
| Part
Two
Categories of Specific Language Requirements
Category
1 - Situations where only French may be used
1.1 | Name
used to designate the Government of Quebec, its department or ministries as well
as organisms of the Public Administration [14]
| 1.2 | Written
communication from the Government of Quebec to other governments and to all corporate
bodies [16]
| 1.3 | All
written communications between the various departments of the government of Quebec
[17]
| 1.4 | All
advertising signs from the Government of Quebec [22]; for exceptions, see 4.2
| 1.5 | All
road signs [22]; pictograms may be used as well
| 1.6 | The
name of all professional corporations registered in Quebec [34]
|
1.7 | Public
signs and advertising for commercial purposes outside of buildings, inside a shopping
centre, on public transport vehicles, of businesses of more than 50 employees
and of certain franchises [regulations issued under s.58]
|
Category
2 - Situations where French and English are required
2.1 | Proposed
bills, laws and regulations of the Government of Quebec [article 133 of the Constitution
Act 1867; s.7 of bill 101]; both texts are equally authoritative [7]
|
2.2 | Health
services in designated anglophone establishments [Bill 142]
|
Category
3 - Situations where French or English may be used (choice)
3.1 | Pleading
before the Courts of Quebec [Section 133 of the Constitution Act 1867; s.7.4 of
bill 101]
| 3.2 | Clinical
dossiers of social or health services [27]; these must be supplied in French if
requested to do so by a person authorised to obtain them [27]
|
Category
4 - Situations where French and another language may be used (French
is mandatory but another language, English for example, may be
used as well)
4.1 | Signs
erected by the Government if health and public security require it [22]
|
4.2 | Services
offered by municipalities, school boards, social and health bodies if dispensing
these services to persons in majority speaking another language [29.1]
|
4.3 | Signs
erected by the establishments described under 4.2 [24]
|
4.4 | Internal
communications, communications between two people in the public administration
and the name of the organisations falling under 29.1 (this applies to work related
matters and not to private conversations); [26]
| 4.5 | Job
offers by businesses when printed in a newspaper published in a language other
than French [42]; however, such job offers must also be published in a French
newspaper if emanating from the public administration, a para-public organisation
or a business of more than fifty employees [42]
| 4.6 | Collective
agreements drafted under the authority of the Labour Code [43]
|
4.7 | Language
requirement for a job; a language aside from French may be required by the nature
of the job; if challenged the employer would have to demonstrate that the other
language is required [46]
| 4.8 | All
inscriptions on a product (labels for example), documents accompanying a product
(such as warranties or manuals) must be in French; another language may be used
as well as long as it does not have precedence over French [51]
|
4.9 | Catalogue,
brochures, commercial directories must be available in French; they may also be
in another language as long as a French version exists [52]
|
4.10 | Computer
programmes must be made available in French when such programmes exist; these
programmes may also be available in another language [52.1]
|
4.11 | Commercial
signs must be in French; it may also be in another language as long as French
is clearly preponderant [58] Note from Claude Bélanger: This article does not
apply to signs of a political, religious, ideological or humanitarian nature as
long as they are posted by non-profit organisations [s.59]
|
4.12 | Signs
at an international event, a congress, an exposition, a colloquium [regulation
issued under s. 58]
| 4.13 | Company
name must be in French; there may also be a version in another language [68]
| 4.14 | Non
profit organisations may have a name that is not in French as long as a French
name is also used [71]
| 4.15 | In
all cases where the law does not require the exclusive use of French, another
language may be used alongside French [89]
| Category
5 - Situation where French or another language may be used
5.1 | Contracts
should be in French but may be otherwise if is the expressed wish of both parties
to the contract. [55]
| Category
6 - Cases where a language other than French can be used alone
6.1 | Texts
or documents emanating from the Government and sent outside of Quebec; publicity
placed by the Government in publications written in another language than French;
correspondence emanating from the Government and sent to individuals when they
have used a language other than French. [15]
| 6.2 | Contracts
drawn between the Government and parties from outside of Quebec [21]
|
6.3 | Within
organisations and services, two people may communicate in writing with each other
in a language other than French [26]
| 6.4 | In
schools where the language of teaching is not French, communications of a pedagogical
nature is not required to be in French [28]
| 6.5 | Professional
corporations may answer an individual in the language of that individual [32]
| 6.6 | Professional
corporations may place publicity and communiqués in publications publishing in
a language other than French [33]
| 6.7 | Professional
corporations may issue a temporary permit to a person that does not have knowledge
of the Official language [37]
| 6.8 | Trade
unions may communicate with an individual in the language of that individual [49]
| 6.9 | The
Office de la langue française is empowered to make agreements with Head Offices
or Research centres to permit the use of a language other than French [144]
| 6.10 | Any
sign put up by a non profit organisation for religious, political, ideological
or humanitarian purpose [59]
| 6.11 | Nothing
in the language law prevents the use of other languages in international organisations
or wherever international usage requires them [92]
| Part
Three
The Language of Education
E.1 | Any
person has the right to receive their education in French in Quebec [6]
|
E.2 | In
kindergartens, primary and secondary schools education shall be given in French
except under the conditions defined below [72]
| E.3 | The
requirement of 7.1 does not apply to institutions that do not receive grants from
the government of Quebec [72]
| E.4 | At
the request of one of their parents, a child may be educated in English when one
of the following conditions is fulfilled [73]: 1.
if the mother or the father is a Canadian citizen and they have receive the major
part of their primary school instruction in English in Canada; 2.
a child who has a parent who is Canadian citizen, and who has received or is receiving
primary or secondary school instruction in English in Canada, provided that such
education is a significant part of their education; the siblings of such a child
also have access to English school. 3.
the children whose parents are not Canadian citizens but where one of them has
received a significant part of their primary school instruction in English in
Quebec. 4. the children who
were receiving their instruction in English in Quebec before the 26 August 1977,
as well as their siblings 5.
the children whose father or mother resided in Quebec in August of 1977 and who
had received the major part of their primary education outside of Quebec in English.
| E.5 | School
boards who do not already provide education in English may not begin to do so
unless authorised by the Minister of Education [79]; however, all school boards
must avail themselves of the provisions of article 213 of the Education Act to
provide an education in English to any child that is admissible to it [79 second
paragraph]
| E.6 | Children
who display great learning difficulties may receive their education in English
at the request of their parents; the government may define the categories falling
under this clause and the procedures to follow [81]
|
E.7 | A
High School leaving certificate will not be delivered to a student who does not
have the required knowledge of written and spoken French as defined in the programmes
of the Department of Education [84]
| E.8 | Children
who reside temporarily in Quebec may be exempted to go to French school upon the
request of one of their parents [85]
| E.9 | The
Minister may declare admissible to education in English a child for humanitarian
or grave family situations [85.1]
| E.10 | Article
73 may be extended to other categories when the government of Quebec enters into
reciprocity agreements with another province [86] [Note from C. Bélanger: to my
knowledge no such agreements have been reached with other provinces]
|
E.11 | May
also be authorised to receive their education in English: - the
children whose father or mother have received the major part of their education
in English elsewhere in Canada and from which province the Government of Quebec
deems that services of education in French are comparable to those offered in
English in Quebec and for which situation a decree has been issued [86.1a]
- the
children whose father or mother have established their domicile in Quebec and
who in their last school year received their education in English in a province
for which a decree has been issued as outlined in paragraph a [86.1b]
- the
brothers and sisters of the children affected by paragraphs 1 and 2 above [86.1c]
| Part
Four
The Linguistic Rights of the Amerindian and Inuit peoples
N.1 | Nothing
in the present law prevents the use of Amerindian or Inuktitut languages in the
education of the education of native children. [87]
|
N.2 | In
derogation to articles 72 to 86, the schools under the jurisdiction of the Cree
and Kativik school boards, may teach in the Cree, Naskapi or Inuit languages as
well as in such other languages as was used in these communities at the time of
the signing of the James Bay Agreement of 11 November 1975. [88] These school
boards undertake to teach French to the children under their responsibility so
that they may pursue in French their higher education in the Colleges and Universities
of Quebec [88 second paragraph];
| N.3 | The
Cere and Initio peoples are exempted from the application of the Charter of the
French Language except for articles 87, 88, 96. This article also applies to the
Naskapis of Schefferville [95]
| N.4 | The
Cree, Inuit and Naskapis organisations must introduce the use of French in their
administration in such a way as they will be able to communicate with the rest
of Quebec in the French language [96]
| N.5 | The
Charter of the French language does not apply to any of the Indian reserves [97]
[Note from C. Bélanger: Indian reserves are under the jurisdiction of the
Federal Government and any attempt to legislate in their respect by the provincial
government would be unconstitutional; their treaty or other rights are also safeguarded
in the Canadian Charter of Rights and Freedoms]
| Part
Five
Public Bodies Set-up under the Law
B.1 | The
Office de la langue française: Its purposes are to conduct linguistic research
and to develop banks of linguistic terminology and to see to it that French becomes,
as soon as possible, the language of communications, of work, of business and
of the public Administration [100]; the Office has seven members appointed by
the Government [101]; it must help to define and elaborate programmes of francization
[113] give advice to the government on proposed linguistic legislation or regulation
[114], receive reports regarding the quality of the language used in the textbooks
of the College and University levels [114f], assist various departments and organisations
in improving the quality of the language used [116a].
|
B.2 | The
Commission de Toponymie: This body is administratively attached to the
Office described above [122]; it also has seven members [123]. Its purpose is
to define criteria for naming sites and to standardise the spelling of geographical
place-names; it attributes names to sites that have remained unnamed to this point
and must approve all changes in nomenclature on the territory of Quebec [124].
They must also make an inventory of place-names in Quebec and serve to conserve
them and make them known [125]. Once names have been approved by the Commission,
their use become compulsory in all texts and documents of the Public Administration,
on all road signs and in all of the manuals to be approved by the Department of
Education [128].
| B.3 | The
Commission de la Protection de la Langue Française: Composed of three members
[158], the Commission is appointed to insure the respect of the language law [157].
It has the power to inspect and investigate [166]; such investigations it may
launched on its own or following complaints [167]. The Commission must refuse
to act if the complaint is not received in written form, or if it is manifestly
not founded or made in bad faith; it may also refuse to act if the circumstances
do not justify its intervention [169]. The Commission has investigative powers
and may demand for material to be submitted to it [172, 174 and 175]. When the
Commission finds that there has been violation of a provision of the law, it may
order that redress be effected and if its recommendations are not followed the
dossier is to be passed to the Attorney-General for legal action to be taken [177].
| B.4 | The
Conseil de la Langue Française: This is a body composed of twelve individuals
appointed by the Government and representing a broad section of ethnic, socio-cultural,
business, labour and academic circles [187]. Its role is to advise the Minister
in charge of the law on the application and interpretation of the law and on any
matter of policy regarding the French language [186]. The Conseil must follow
the evolution of the situation of French in Quebec as to its position and quality
and bring to the Minister matters of concern regarding language [188]. Further,
the Conseil may give and receive advice, study questions, inform the public [189].
It submits to the National Assembly an annual report [203-204].
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©
1998 Claude Bélanger, Marianopolis College
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