BILL 96 AT A GLANCE
Introduced: May 13, 2021, National Assembly
Status: Assented to June 1, 2022.
SYNOPSIS
Bill 96 reshapes linguistic rights in Quebec, through its impact on nearly 30 other existing laws, including the Civil Code of Quebec. The Bill generated significant media attention and stirred significant confusion in Quebec’s English-speaking community. Bill 96 invokes the not-withstanding clause, which allows it to legally bypass certain Charter rights. Bill 96’s main areas of impact are the following: courts and tribunals, education, business management, and interactions with the government.
COURTS AND TRIBUNALS
Bill 96 introduces two main modifications to courts and tribunals: judicial appointments, and mandatory translation of English pleadings. Under Bill 96, the requirement that a judicial appointee have knowledge of a language other than French is only permitted at the discretion of the Minister of Justice and Minister Responsible for the French Language rather than the judiciary itself. Bill 96 also requires legal entities (such as corporations, non-profits, etc.) to submit their court filings with a French translation attached. However, court challenges of this requirement have led to a temporary suspension of this clause until a new decision is rendered regarding its constitutionality: until then, the previous status quo applies. As of today, there is no obligation to attach certified French translations to any pleadings filed in English.
EDUCATION
Bill 96 introduces considerable new limitations to the number of students permitted to study in English-language institutions. Concerning primary education, the Bill limits the availability of English-language schooling for children of temporary residents to a maximum of three years. On a collegiate level, as of the 2023-2024 school year, francophone and allophone students enrolled in English CEGEPs must complete and pass a standardized French test in order to receive their Diploma of College Studies. As of the 2024-2025 school year, students must complete at least three core program courses taught in French. Students declared eligible to instruction in English can replace the three courses given in French by three French courses. Additionally, administrative constraints prevent an increase in student enrollment for English CEGEPs. Each year, there is a set cap for the total number of students for English-language higher education institutions defined by the Minister of Higher Education, Research, Science and Technology. For every following year, the total number of students studying in English-language institutions cannot increase and must represent less than 17.5 per cent of the total number of students enrolled in both English-language and French-language institutions.
BUSINESS MANAGEMENT
Under Bill 96, the Office Québécois de la Langue Française (OQLF) gains expanded authority. The Bill authorizes the OQLF to enter any place of business at a reasonable time, and to conduct inspections, request data access, and make documentation demands. The alleged goal of these measures is to ensure compliance with OQLF francization requirements.
INTERACTIONS WITH THE GOVERNMENT
Since June 1, 2022, hiring for provincial government positions can no longer require English-language proficiency. As of June 1, 2023, government agencies must exclusively communicate with the public in French, in writing and orally. Specific exceptions to this rule are carved out for newly arrived immigrants up to six months after their arrival and historic anglophones. The Bill defines historic anglophones as those who are eligible to receive instruction in English. This offers a narrow portrait of Quebec’s English-speaking community, a considerable portion of which do not satisfy this condition.
HIGHLIGHTS OF DEBATE
Members of the Quebec Liberal party and Québec Solidaire, as well as community groups, raised concerns that Bill 96 would disproportionately and unfairly impact indigenous and immigrant communities. Some Indigenous communities in Quebec predominately speak English and would be disproportionately harmed by a lack of government services in English. Additionally, the six-month exemption for immigrants has been argued to be far too short, and an unrealistic timeframe in which to learn a new language.
Debate likewise centered around the impact on small- and mid-sized businesses, and the OQLF’s increased ability to search through their computers and offices.
Furthermore, Liberal Party members as well as the Barreau du Quebec protested the government’s increased power over the function of the independent judiciary in the nomination of judges. Though the relevant section of Bill 96 has been contested in court, a definitive decision on its validity has yet to be rendered, and therefore Bill 96 is still applicable in matters of judicial appointment.
Finally, the Liberal party also denounced the arbitrariness of the “historic anglophones” exemption, given that many other English speakers are excluded from the exemption and subject to Bill 96’s provisions.
WHY THE QCGN IS CONCERNED
- Bill 96 disproportionatelyimpacts the most vulnerable in our community, including immigrants, indigenous communities, and low-income Quebecers, as these groups make up a significant portion of the English-speaking community of Quebec.
- Bill 96 deprives or limits the abilityof many English-speaking Quebecers to obtain important and essential services in their language of preference. Staff hiring processes and internal linguistic policies do not ensure a service user’s ability to be understood in a language other than French.
- As such, Bill 96 impacts English-speaking Quebecers in receiving government services, court judgments, and educational opportunities. English-speaking Quebecers should not experience added language barriers when accessing services as important as health care and social services, or whenparticipating in legal procedures.
- Bill 96impacts all Quebecers since the government advanced the bill through the universal use of the not-withstanding clause to bypass Charter rights and to suspend fundamental rights.
Bill 96 harms all Quebecers by creating regulatory hurdles for all businesses, big and small, resulting in stifled economic growth. This, in addition to the expansion of the OQLF’s authority (permitting it to, among other things, impose higher fines on businesses), is a disincentive to businesses looking to enter the Quebec market.