Employment & Labour
The English-language employment rights owed to you depend on whether you work in a sector regulated by the provincial or federal government.
Generally, Canada’s Constitution grants the provinces the power to regulate most job sectors.
In Quebec, the Charter of the French Language (often referred to as “Bill 101”) restricts English-language employment opportunities by guaranteeing all employees the right to work in French.
There is no “right to work in English” in Quebec granted in Bill 101 or any other provincial employment regulations. While some employers may choose to provide employees with English-language translations of written communications and work tools, for instance, there is no legal obligation for them to do so.Professional syndicates or unions may communicate in English with any individual members who prefer it to French, but this exception only applies to unionized workers.
Regarding workplace safety, Quebec’s Act respecting occupational health and safety states that employees working with hazardous products may receive an English-language translation of the product’s labelling and safety instructions (although this is not an obligation on the employer).
NOTE: On June 1, 2022, the Quebec government officially passed Bill 96, a new law which overhauls Bill 101 and imposes stricter language rules and regulations on employers. To that end, the bill:
These modifications could make it more difficult for English-speaking workers to find and keep jobs in Quebec, and make it harder for English-speaking employers to conduct their business by placing further regulatory burdens upon them.
The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.
Can an employer fire me, demote me, or refuse to hire me if I am not fluent in French?
In general, there are not many legal protections for anyone who does not know enough French to do their job. However, employers cannot fire, demote, or refuse to hire English-speakers for jobs that do not require French-language skills.
In Quebec, the Charter of the French Language (also known as “Bill 101”) does not protect you from being fired, demoted, or not hired at all, if you do not have the French-language skills to do the job.
This protection does, however, exist for employees without English-language skills, unless the job requires a reasonable level of English to do the job.
That being said, Quebec’s Act Respecting labour standards makes clear that you cannot be fired without “good and sufficient cause” (i.e. without a valid reason) if you have worked for the same employer for at least two uninterrupted years.
For example, any prohibited grounds for discrimination, such as ethnic or linguistic identity (like being a native English-speaker), cannot be given as valid reasons for firing you.
On the other hand, not knowing enough French to do the job could be considered a valid reason for firing you from your job.
Discrimination on the basis of ethnicity and language is explicitly prohibited by Quebec’s Charter of Human Rights and Freedoms. Firing, demoting, or refusing to hire you based on these grounds is unlawful.
So long as you can function in French and do the job efficiently, an employer cannot fire, demote, or refuse to hire you simply because French is not your first language, or because you are not francophone.
For instance, during an interview or on an application form, an employer cannot ask a job candidate for any information related to their linguistic or ethnic identity, unless it is relevant for a job qualification.
Any complaints or accusations of discrimination on the basis of ethnicity or language would need to be filed with the Commission des droits de la personne et des droits de la jeunesse.
Click here to learn more about filing a complaint.
What can I do if I am being harassed at work because I am an English-speaker?
There are several options available if you believe you are the victim of workplace harassment because of language or another reason.
What counts as harassment in the workplace? Quebec’s Act respecting labour standards defines “psychological harassment” as any comments, conduct, actions, or gestures that:
- Are repeated;
- Are hostile or unwanted;
- Affect an employee’s dignity, psychological or physical well-being; and
- Result in a harmful work environment for an employee.
Your employer must take reasonable actions to prevent psychological harassment in your workplace (like having a harassment and violence prevention policy), and put a stop to it once they become aware of such behaviour.
- If you are a non-unionized employee, you may file a written complaint to the CNESST for further investigation and possible referral to the Administrative Labour Tribunal for resolution.
- If you are a unionized employee, you must, before turning to the CNESST, contact your union to learn what remedy is available to you in the collective agreement between your union and your employer.
For more information on the procedure for filing a harassment complaint with the CNESST, read the information under Services in English for Provincial Workers.
Services in English for provincial workers
CNESST
The Commission des normes, de l’équité, de la santé et de la sécurité de travail (CNESST) is a provincial agency responsible for resolving conflicts dealing with labour standards, compensation for workplace injury, and equal pay for equal work.
In addition to offering alternative methods to resolve disputes between employers and employees (like mediation), the CNESST can investigate your complaints about harassment and other violations of your employment rights, such as when your employer:
- Fails to pay you owed wages;
- Denies you time off for statutory holidays;
- Denies you time off due to illness, accident, or family-related matters (depending how long you have worked for your employer);
- Denies you parental leave; or
- Fires you without a valid reason.
The CNESST has the ability to represent non-unionized employees during hearings about their complaints at the Administrative Labour Tribunal.
It is also responsible for keeping employees and employers informed of their rights and responsibilities through telephone assistance and free publications on their website, some of which is offered in English online.
When contacting the CNESST via telephone (1-844-838-0808):
Take a look at the CNESST webpage for more English-language information on working conditions, workplace safety, and pay equity.
You can visit the CNESST website to file a complaint online. You can also visit its Complaints and Recourses webpage to learn of all the different types of complaints you may file.
When filing a complaint, be aware that the CNESST’s online portal MonEspace, through which complainants may check on the status of their case, is available only in French.
CNESST Services in English
While only available in French, the CNESST’s Language Policy outlines the limited circumstances where you may use English in communications and dealings with the CNESST.
While significant portions of the CNESST’s legal information and procedural information (for filing a complaint) are available online in English, the Office Québécois de la langue française requires that all official communications be done in French.
However, CNESST staff are permitted to communicate in English with Indigenous persons, or individuals or organizations from outside Quebec.
Regarding telephone conversations, CNESST staff can assist and communicate with you in English if you do not speak or understand French well enough to carry out a conversation.
CNESST staff addressed in a language other than French must first verify whether you are able to understand French. They will most likely do this by asking you directly.
- If you then confirm that you cannot understand French, then the CNESST representative can continue to speak to you in English.
- If the CNESST representative is unable to speak in English, they can find a coworker who can better serve you.
NOTE: Based on the wording of the CNESST’s Language Policy, while staff members are allowed to help you in English in certain circumstances, they are not obligated to do so.
Administrative Labour Tribunal (TAT)
Created in 2016 through the merger of the Commission des relations du travail and the Commission des lésions professionnelles, the Administrative Labour Tribunal (the Tribunal administratif du travail, or TAT) is a provincial body that oversees conflicts involving labour relations and worker health and safety.
The TAT can also hear appeals of CNESST decisions in matters of worker health and safety.
The TAT is made up of four distinct divisions, each overseeing a particular area of employment rights.
- Labour relations division: makes rulings pertaining to employment protections, employee freedom of association, bargaining rights and pay equity.
- Occupational health and safety division: hears appeals relating to workplace safety by employers or employees who wish to contest a decision made by the CNESST.
- Essential services division: ensures that essential services are maintained to protect the population during lawful strikes or unlawful pressure tactics by a workforce.
- Construction industry and occupational qualification division: makes rulings concerning matters pertaining to the construction industry.
The TAT is also responsible for keeping employees and employers sufficiently informed of their rights and responsibilities through telephone assistance (webpage available in French only) and free publications on their website, some of which is offered in English online.
If you wish to contact the TAT via telephone or email, please consult our English-language translation of the TAT’s Regional Offices Directory.
You can also take a look at the TAT’s “English Content” webpage for more information about the Tribunal, as well as access to some English-language forms and publications.
TAT Services in English
Available in both French and English, the TAT’s Language Policy outlines the occasions where you have the right to use English in your communications and dealings with the Tribunal.
According to the Policy, you may have your case heard in English.
When making a claim at the TAT, you may request English versions of forms needed in the course of your case before the Tribunal, some of which are already posted onto the TAT’s English-language website in downloadable Word or PDF formats.
Click here to file a complaint with the TAT’s labour relations, essential services, and construction industry divisions.
Click here to access the portal to transmit documents pertinent to your case at the TAT.
Whether you participate in an alternative method to resolving their conflict (for example, through formal talks and negotiations, mediation, or other approaches) or participate in a hearing before the TAT, you have the right to express yourself and be heard in English.
Rulings made by the Tribunal are written in French unless the judge decides otherwise. If written in French, an English-language translation of the ruling may be provided for free at your request.
Written communications (such as letters or e-mails): TAT staff can assist and communicate with you in English if you do not write or understand French well enough to correspond.
Telephone conversations: TAT staff can assist and communicate with you in English if you do not speak or understand French well enough to carry out a conversation.
If you confirm that you do not understand French, then the TAT representative can continue to speak to the caller in English.
If the TAT representative is unable to speak in English, they can find a coworker who can better assist you in English.
NOTE: Based on the wording of the TAT’s Language Policy, while staff members are allowed to help you in English in certain circumstances, they are not obligated to do so.
Also, on June 1, 2022, the Quebec government officially passed Bill 96, a new law that would require all government institutions to follow the rules of a universal language policy, to be drawn up by the Ministry of the French Language. This state-wide language policy:
Requires government institutions to draw up guidelines pinpointing the situations in which it is acceptable to provide services in English; and
Tightens the rules around when a government institution is allowed to offer services to the public in English.
While the Ministry’s language policy has not yet been released, these modifications could narrow the TAT’s Language Policy and further restrict the TAT’s ability to offer its services to Quebecers in English.
The bill also:
- No longer requires that all judges appointed to the Quebec tribunals have English-language skills; and
- Requires all written English-language judgments to include a French-language translation.
This new bill could make it harder for English-speakers in Quebec to access to have their case at the TAT heard in English.
The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.
Social Security Tribunal of Canada
The Canadian Social Security Tribunal (SST) is an independent, federal administrative body that hears appeals from Service Canada on employment insurance matters and makes decisions related to regular benefits, illness and parental benefits, etc.
The SST can hear appeals on employment insurance matters from both federally regulated and provincially regulated employees.
The following are a few examples of the kinds of appeals the SST can hear:
Where you quit your job and can demonstrate you had no other option but to quit.
Where you can demonstrate that you were both capable and available to work as well as actively looking for work.
The SST cannot hear appeals relating to accelerating payment or stopping repayment of employment insurance.
Before a case can be appealed to the SST, you must first have Service Canada (through the Canada Employment Insurance Commission) reconsider and stand by their original decision.
When filing an appeal, the Notice of Appeal Employment Insurance form (either online or downloadable as a PDF document) must be submitted to the SST within 30 days of Service Canada issuing the reconsideration of their original decision.
You can visit the SST website for complete instructions on How to Start an Appeal, including the forms needed for employment insurance appeals.
All supporting documentation and forms needed for an appeal can be sent to info.sst-tss@canada.gc.ca.
Call the SST’s toll-free phone number at 1-877-227-8577 Monday to Friday (7am–7pm) for more information.
Rights in federal workplace
What English-language rights do I have in Canadian employment law?
Types of Federally regulated Jobs
- Banks (TD Canada Trust, Bank of Montreal, Royal Bank of Canada, etc.);
- The Postal Service (Canada Post);
- Telephone, Radio, and Television Companies (Bell Canada, Rogers Communications, Telus, Astral Media, etc.);
- Crown Corporations (CBC/Radio-Canada, National Gallery of Canada, Royal Canadian Mint, etc.);
- Interprovincial and International Transport Companies (VIA Rail Canada Inc., Air Canada, trucking and maritime transport companies, airports, etc.); and
- Federal Government Departments and Institutions (Canada Revenue Agency, Employment and Social Development Canada, Health Canada, Office of the Commissioner of Official Languages, etc.).
Workers employed with any of these six job sectors are regulated by federal law. However, it is also possible that provincial laws may sometimes apply to federally regulated employees.
English-Language Rights for Federally Regulated Jobs
For federally regulated job sectors like those mentioned above, Canada’s Official Languages Act (OLA) sets out the rights of employees and obligations of employers to conduct their professional duties in both of the country’s official languages, French and English.
To best accommodate workplace bilingualism, employers bound by the OLA must make available to all employees, in both French and English:
Automated systems for processing and communicating work-related information and data (such as Microsoft Office, Outlook, and other softwares required in the course of an employee’s job).
Furthermore, an employee working in any of the six federally regulated job sectors mentioned above, in either a managerial or supervisory position over other employees, must be able to function in both French and English.
NOTE: The federal government is working to pass Bill C-13, new legislation that would make several changes to the OLA and create strict language rules for federally regulated private businesses. The bill would:
Give French-speakers the right to work in French in private federally regulated companies within Quebec and other communities across Canada with a “strong francophone presence”;
Give consumers the right to receive service from federally regulated businesses in French; and
Prohibit businessowners from requiring employees to have English-language skills, unless they can prove those skills are necessary to do the job.
Aside from the risk for English-speaking consumers in Quebec, the new law could make it harder for English-speaking employees in Quebec to exercise their official-language rights in their federally regulated workplaces.
Even though the OLA’s purpose is to promote both French and English across Canada, Bill C-13’s changes could undo the long-held protection of workplace bilingualism in federal institutions in Quebec.
More information will be provided as new developments emerge.
Can my employer fire me, demote me, or refuse to hire me if I am not fluent in French?
Generally, the answer here depends on whether French is needed to do the job. At the federal level, some jobs may require French-language skills, while others may not. In Quebec, however, many federally regulated jobs will likely require a functional level of French-language skills.
Whether French-language skills are needed to do the job will often be clear when you apply for the particular position.
The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act (CHRA) both protect you against ethnicity-based discrimination while working in a federally regulated job.Language-based discrimination is not directly included in the Canadian Charter or the CHRA. However, discrimination on the basis of linguistic identity can still be considered a violation of your Charter rights.
If you believe you are the victim of such discrimination, you may file an online complaint with the Canadian Human Rights Commission.
What can I do if I am being harassed at work because I am an English-speaker?
There are several options available if you believe you are the victim of workplace harassment because of language or another reason.
The Canadian Human Rights Act prohibits harassment of any employee.
According to the Canada Labour Code, harassment means any action, conduct or comment, including of a sexual nature, that can offend, humiliate, or cause other physical or psychological damage to an employee.
Your employer must take reasonable actions to prevent harassment (like having a harassment and violence prevention policy), and to resolve any occurrences of harassment that may occur in their workplaces.
If you believe you have been the victim of harassment, then you must file a complaint, known as a “notice of occurrence”, with your employer.
Services in English for Federal workers
CNESST
The Commission des normes, de l’équité, de la santé et de la sécurité de travail (CNESST) is a Quebec-based agency that mostly protects employees working in job sectors regulated by the Quebec government.
However, the CNESST may also investigate your complaint if:
- You have a federally regulated job;
- Your complaint relates to workplace injury or illness; and
- Your physical workplace (such as, for example, a bank branch or company office building) is located in Quebec.
For more information on which types of job sectors are federally regulated, see What English-Language Rights Do I Have In Canadian Employment Law? in Rights in Federal Workplaces.
When contacting the CNESST via telephone (1-844-838-0808):
You can visit the CNESST website to file a complaint online. You can also visit its Complaints and Recourses webpage to learn of all the different types of complaints you may file.
When filing a complaint, be aware tha the CNESST’s online portal MonEspace, through which complainants may check on the status of their case, is available only in French.
CNESST Services in English
While only available in French, the CNESST’s Language Policy outlines the limited circumstances where you may use English in communications and dealings with the CNESST.
While significant portions of the CNESST’s legal information and procedural information (for filing a complaint) are available online in English, the Office Québécois de la langue française requires that all official communications be done in French.
However, CNESST staff are permitted to communicate in English with Indigenous persons, or individuals or organizations from outside Quebec.
Regarding telephone conversations, CNESST staff can assist and communicate with you in English if you do not speak or understand French well enough to carry out a conversation.
CNESST staff addressed in a language other than French must first verify whether you are able to understand French, most likely by asking the caller directly.
- If you then confirm their inability to understand French, then the CNESST representative can continue to speak to you in English.
- If the CNESST representative is unable to speak in English, they can din a coworker who can better serve you.
The Labour Program
The Labour Program of Canada is an independent department of the Government of Canada, responsible for protecting the rights of employees and employers in federally regulated workplaces like banks, telecom companies, government institutions, etc.
The Program offers alternative methods to resolve disputes between employers and employees (like mediation), and helps non-unionized employees recover unpaid wages or challenge an unfair job firing.
For information regarding employment rights in federally regulated workplaces or filing a complaint, you can call 1-800-641-4049 or e-mail NA-ERO-GD@labour-travail.gc.ca.
When contacting the Labour Program via telephone: Press “1” to hear the automated voice recording for services in English.
Canada Industrial Relations Board
The Canada Industrial Relations Board (CIRB) is a federal administrative tribunal that resolves disputes relating to complaints involving bargaining rights, unfair labour practices, unlawful worker strikes and lockouts, among other matters.
The CIRB can only hear complaints from employers and employees in private federally regulated workplaces like banks or telecommunications companies.
For a list of federally regulated job sectors, see What English-Language Rights Do I Have In Canadian Employment Law?
Complaints to the CIRB may be filed through their online E-filing Web Portal. For more information or general inquiries, call their toll-free phone number at 1-800-575-9696 or visit their online contact page.
Social Security Tribunal of Canada
The Canadian Social Security Tribunal (SST) is an independent, federal administrative body that hears appeals from Service Canada on employment insurance matters and makes decisions related to regular benefits, illness and parental benefits, etc.
The SST can hear appeals on employment insurance matters from both federally regulated and provincially regulated employees, such as speeding up payment or stopping repayment.
The following are a few examples of the kinds of appeals the SST can hear:
- Where you quit you job and can demonstrate you had no other option but to quit.
- Where you can demonstrate that you were both capable and available to work as well as actively looking for work.
Before a case can be appealed to the SST, you must first have Service Canada (through the Canada Employment Insurance Commission) reconsider and stand by their original decision.
Once Service Canada reconsiders, and stands by, their original decision, you may then appeal that reconsidered decision.
When filing an appeal, the Notice of Appeal Employment Insurance form (either online or downloadable as a PDF document) must be submitted to the SST within 30 days of Service Canada issuing the reconsideration of their original decision.
You can visit the SST website for complete instructions on How to Start an Appeal, including the forms needed for employment insurance appeals.
All supporting documentation and forms needed for an appeal can be sent to info.sst-tss@canada.gc.ca.
Call the SST’s toll-free phone number at 1-877-227-8577 Monday to Friday (7am–7pm) for more information.
Worker resources
Legal Clinics
Centre de justice de proximité du Grand Montréal – CJP
514-227-3782, option 4
Opening Hours: Monday–Thursday, 9am–5pm
The CJP of Greater Montreal provides free legal information in English on general employment law matters. The lawyers on staff only provide legal information, not specific advice. They are currently taking questions only by telephone or video calls.
Visit CJP website for more detailed information.
Head & Hands – H&H
514-481-0277
Opening Hours: Monday & Friday, 12–5pm; Wednesday & Thursday, 12–6pm
The H&H offers you free legal advice in many areas, including employment, for youth between 12 to 25 years old. Clients over the age of 25 are encouraged to make a $20 donation.
Visit the H&H website for more information on their Legal Programs and Services.
Legal Information Clinic at McGill – LICM
514-398-6792
Opening Hours: Monday & Wednesday, 9am–5pm; Tuesday & Thursday 11am–7pm; Friday 9am–3pm
Operated by law students, this legal clinic can answer your questions about labour standards and employment rights. The clinic can also help you with the procedure at the TAT, such as how to:
Prepare for a hearing;
Seek alternative methods to resolve tenant-landlord disputes; or
Contest a decision made by the TAT board.
The LICM also has senior volunteers that can accompany you to the TAT to explain the complaint process and attend hearings for moral support.
The Clinic provides also provides you with the option to register to attend Know Your Rights information sessions on many areas of law, including employment and and work relations (announcements made on their social media pages).
Visit the LICM website for more information.
Mile End Legal Clinic – MELC
Opening Hours: Wednesday, 4–7pm
The MELC offers you free legal assistance in lots of areas, including employment rights. Your first consultation is usually with a law student providing legal information.
Follow-up consultations may be with a volunteer lawyer who can give specific advice to the client, though the MELC does not represent clients at the TAT.
NOTE: The Park Extension Legal Clinic (open Monday, 3–6pm) and Tyndale St-Georges Legal Clinic (Monday, 6–7pm) are also affiliated with the MELC.
Visit the MELC website for more information.
YWCA Legal Information Clinic – YLIC
Opening Hours: Monday–Friday, 9am–5pm
The YLIC offers women legal information in various domains. They also can help in finding employment and long-term shelter for vulnerable women. They can also help with writing demand letters and filling out certain legal documents.
The Clinic offers each client three 30-minute sessions per year (either free or with a fee up to $20, depending on the client’s financial situation).
Visit the YLIC website for more information.
Employment Rights Organizations
Au bas de l’échelle
514-270-7878
Opening Hours: Monday 1:30–8pm; Tuesday 1:30–5pm; Thursday 9am–12pm & 1:30pm–5pm (Not currently holding in-person consultations due to COVID-19)
Offers you legal information on harassment, discrimination, and labour rights, as well as information sessions on the procedure for filing complaints with the CNESST. Their services are focused primarily on non-unionized workers.
Visit their website for more information (in French only).
DESTA Black Youth Network
514-664-5042
Opening Hours: Monday–Friday, 9am–3pm
DESTA offers support to members of Montreal’s Black community, aged 18 to 35. They help young people with academic advising, access to vocational training, personalized career counselling, cover letter and CV writing, businesses courses, mentorship, and more.
Visit their website for more information.
Groupe d’aide et d’information sur le harcèlement au travail (Help and Information Centre on Workplace Harassement) – GAIHT
514-526-0789
Opening Hours: Monday–Friday 9am–5pm
Offers you services to persons experiencing psychological or sexual harassment in the workplace. After an initial consultation, GAIHT can help with legal advice, drafting demand letters, moral support or needing to take criminal action.
Visit their website for more information.
Immigrant Workers Centre
514-342-2111
Opening Hours: Monday 1–5pm; Tuesday 1–8pm; Wednesday 1–5pm; Thursday 1–8pm (In-person consultations by appointment only)
Provides you with legal information about employment and labour rights to immigrants and newly arrived individuals. Also offers occasional consultations with a lawyer through their referral service. Service offered in other languages besides French and English.
Visit their website for more information.
YES Employment and Entrepreneurship
514-878-9788
Opening Hours: Monday–Friday 9am–5pm
Provides resources to help English-speakers aged between 18 to 40 find jobs in Quebec. Services include CV and Cover Letter translation, French-language courses, employment counselling and career mentorship, and other workshops. Most are completely free, while some have a nominal fee.
Visit their website for more information.
Éducaloi
An open-access encyclopedia of Quebec and Canadian law, this neutral non-profit provides you with legal information for workers on their website.
It also has a webpage dedicated to Language Used in the Workplace in Quebec for more specific information and employment rights with respect to language laws in Quebec.