Federal Government Proposes Regulations On The Use Of French In Federally Regulated Private Businesses

The federal government has published proposed regulations (the "Proposed Regulations") under the Use of French in Federally Regulated Private Businesses Act (the "UFPBA"), establishing a new French-language regime for federally regulated private businesses. The Proposed Regulations address consumer-facing rights, internal workplace obligations, and governance requirements for federally regulated private businesses operating in Quebec and in regions with a strong Francophone presence. These developments will require many federally regulated employers to undertake a comprehensive review of their current practices.

The UFPBA is not yet in force. In Quebec, it will come into force on a date to be fixed by order-in-council. In regions with a strong Francophone presence designated under the regulations, it will come into force two years thereafter.

What’s Proposed?

Scope of Regulations

The UFPBA would apply to federally regulated private businesses with 25 or more employees in Quebec, and to federally regulated private businesses with 100 or more employees across Canada that operate in a region with a strong Francophone presence. Employee thresholds are calculated as of January 1 of the preceding year. Regions with a strong Francophone presence are designated based on 2021 Census data, with a region qualifying where it meets demographic thresholds for potential demand for French-language services at the provincial, census division, or census tract level. As currently proposed, this would include, for example, Ottawa, Sudbury and Greater Sudbury, the Province of New Brunswick, and in Edmonton the areas around i) Mill Creek Ravine North; ii) Bonnie Doon; iii) Idylwylde; and iv) Saint-Jean Campus.

Certain organizations are specifically not included in the requirements under the UFPBA, including:

• Crown corporations;
• Corporations subject to the Official Languages Act under other legislation; and
• Federal works, undertakings or businesses which carry out activities related to the broadcasting sector.

In Quebec, businesses may choose between the provincial regime under the Charter of the French Language and the federal UFPBA regime. Businesses opting for the UFPBA regime must file an initial declaration and annual statements with the Minister of Canadian Heritage (the "Minister"), in return for which the Minister issues an annual certificate of registration.

Consumer Rights

Consumers in Quebec and regions with a strong Francophone presence would have the right to communicate with and receive services from businesses in French, both orally and in writing. Businesses would be required to actively inform consumers of this right at all points of service.

In Quebec, French must be markedly predominant on commercial signage that appears in both French and another language. For interprovincial transportation (air, coach, rail, and ferry), language rights would apply to routes originating in or terminating in Quebec or a region with a strong Francophone presence; international routes would be excluded.

Language of Work

Employees in workplaces located in Quebec or a region with a strong Francophone presence would have the right to work and be supervised in French, and to receive all key workplace documents in French, including employment application forms, offers of employment, individual employment contracts, training materials, collective agreements, and notices of termination. A business may communicate exclusively in another language with an employee if both parties agree.

Notably, the UFPBA includes a provision which specifies that a federally regulated private business with workplaces in Quebec would be prohibited from treating an employee adversely solely on the basis that the employee does not have sufficient knowledge of French, provided the employee occupies or is assigned to a position on or before the day the provision comes into force. This protection would ensure that existing employees are not penalized for language proficiency gaps that predate the new regime.

Committees for the Fostering of French

Certain federally regulated private businesses would be required to establish a committee to support management in fostering the use of French in the workplace. The threshold for this obligation differs by region:

• In Quebec: businesses with 100 or more employees in Quebec;
• Otherwise: businesses with at least 100 employees in regions with a strong Francophone presence and at least 500 employees across Canada.

An affected business would be required to establish a committee within six months of becoming subject to the UFPBA. Committees must meet at least twice per year, be composed of equal numbers of employer and employee representatives (minimum two per side), and produce a report on their activities at least once every three years, to be retained for at least 12 years.

In Quebec, committees have additional obligations, including producing an overview of the language situation within the business in order to obtain a “certificate of generalization of the use of French” from the Minister. Without such a certificate, a business will be required to produce a report every year.

Exemptions

The Proposed Regulations exempt businesses controlled by Indigenous entities holding rights under section 35 of the Constitution Act, 1982, and exempt federally regulated private businesses in relation to their activities in Indigenous territories. Additional exemptions are available for:

• businesses whose activities are exclusively related to the production or distribution of cultural property with linguistic content exclusively in a language other than French; and
• workplaces whose activities relate exclusively to international business where a language other than French predominates, or that are governed primarily by research protocols or international standards requiring the use of another language.

Businesses intending to rely on an exemption must notify the Minister initially and every five years thereafter.

Takeaways for Employers

The Proposed Regulations represent a meaningful expansion of French-language obligations for federally regulated employers in the private sector. Their breadth, including consumer-facing services, signage, workplace communications, employment documentation, and organizational governance, means that many employers will need to take significant steps toward compliance.

While the Proposed Regulations are not yet adopted, early awareness will allow employers to manage compliance risk and get ahead of potential operational impact. Fasken will continue to monitor developments and the specific obligations of the Proposed Regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.