An Act to Support the Use of French

On this page

• Objectives of the Act
• Date of Coming into Force
• Types of Businesses Subject to the Act
• Rights of Consumers
• Rights of Employees
• Regions Where the Act Will Apply
• Complaint Process
• Next Steps

The Act for the Substantive Equality of Canada’s Official Languages enacted a new statute, the Use of French in Federally Regulated Private Businesses Act. Given that this new statute comes into force by order-in-council, it is not yet in force.

Objectives of the Act

The purpose of the Use of French in Federally Regulated Private Businesses Act is to foster and protect the use of French in federally regulated private businesses in Quebec and in regions with a strong francophone presence.

It affirms the right of:

• consumers to communicate in French with and obtain available services in French from federally regulated private businesses in Quebec or a region with a strong francophone presence;
• employees of federally regulated private businesses in Quebec or a region with a strong francophone presence to work in French;
• current employees, job applicants, former employees and unions to receive communications and documents in French from such businesses.

Date of Coming into Force

The Use of French in Federally Regulated Private Businesses Act has been enacted by Parliament but is not yet in force. In Quebec, it will come into force by order-in-council; in regions with a strong francophone presence, it will come into force two years later.

The specific date to be fixed by order-in-council has yet to be determined.

Types of Businesses Subject to the Act

The new Act will apply to federally regulated private businesses, that is, businesses as defined in section 2 of the Canada Labour Code. Typically, these are telecommunications companies, banks, interprovincial transportation companies, etc.

Not all federally regulated private businesses will be subject to the new Act. A minimum number of employees will be prescribed by regulation.

In addition, private businesses and federal institutions (including federal Crown corporations) that are already subject to the Official Languages Act will be excluded from the regime established by the new Act, as will Indigenous organizations and entities authorized to act on their behalf. Broadcasting undertakings are also exempt from the Act, as they are covered by other regimes, notably the Broadcasting Act.

In Quebec, federally regulated private businesses subject to the new Act will have the option of subscribing to the provincial regime established by the Charter of the French Language instead of the Use of French in Federally Regulated Private Businesses Act regime.

Rights of Consumers

Under the Use of French in Federally Regulated Private Businesses Act, consumers of services provided by federally regulated private businesses will have the right to:

• communicate with the business in French;
• obtain services from the business in French;
• obtain documents and communications from the business in French.

Note that the business and the consumer may agree to use a language other than French, such as English.

Rights of Employees

Under the Use of French in Federally Regulated Private Businesses Act, employees of federally regulated private businesses will have the right to:

• carry out their work and be supervised in French;
• receive all communications and documents from the business in French, for example, documents related to offers of employment or promotion, conditions of employment, or labour relations;
• use regularly and widely used work instruments and computer systems in French.

However, the new Act does not prevent a federally regulated private business from providing an employee with communications or documents in English or another language other than French, if the business and the employee agree to this.

Regions Where the Act Will Apply

The Use of French in Federally Regulated Private Businesses Act will be rolled out in two stages:

• Initially, it will apply to the province of Quebec in its entirety.
• Two years later, it will be extended to regions with a strong francophone presence in the rest of Canada. These regions will be defined by regulation. The Act provides for statutory consultations when making regulations.

Complaint Process

Once the Act is in force, anyone who believes their rights have been violated may file a complaint with the Office of the Commissioner of Official Languages (the Office of the Commissioner) if the federally regulated private business in question is subject to the federal regime.

The Office of the Commissioner will receive and deal with complaints in a confidential manner. In the case of language-of-work complaints only, the Office of the Commissioner may also refer the complaint to the Canada Industrial Relations Board where the case is more complex or calls for specialized expertise in labour-relations issues. The Canada Labour Code and the Use of French in Federally Regulated Private Businesses Act will specify the powers and mandate of the Canada Industrial Relations Board in relation to such cases.

In Quebec, where a business has opted for the provincial regime, it is the recourse process in the Charter of the French Language that will apply.

Next Steps

The Use of French in Federally Regulated Private Businesses Act allows for the development of regulations in order to clarify certain aspects of the Act, such as what constitutes a region with a strong francophone presence and what is the minimum number of employees that a business must have to be subject to the Act.

Stakeholders will have an opportunity to express their views by way of consultations at different stages of the regulatory process. For example, there is a requirement to consult the general public—including organizations representing employees or employers of federally regulated private businesses—as well as representatives of Canada’s two official language communities.