This article provides an overview of French language requirements in Quebec for commerce and business under the Charter of the French language (RLRQ c. C-11) (the French Charter) and the Regulation respecting the language of commerce and business (RLRQ c. C-11, r. 9) (the Regulation). The legislative amendments discussed herein were proposed by the Government of Quebec in May 2021 and introduced by An Act respecting French, the official and common language of Quebec (Bill 96) in June 2022, which became Law 14 and the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Amending Regulation) in June 2024. Notably, provisions 51.1 and 58.1 of the French Charter concerning inscriptions on products and on public signage and in commercial advertising, respectively, come into force on June 1, 2025.
Table of contents:
- Legal framework
- Inscriptions on products
- Commercial publications
- Public signage and commercial advertising
- The recognized trademark exception
- Enforcement of the French Charter, complaint and investigation process and possible sanctions
- Practical considerations for businesses
- Conclusion
- inscriptions on products including their containers or wrapping and any accompanying documentation;
- commercial publications, including catalogues, flyers, brochures, commercial directories, contracts, invoices, websites and social media; and
- public signs and commercial advertising, which includes any message displayed in a place accessible to the public; for example, on signs, posters, billboards and product displays.
- Definition
- General rule
- Some exceptions
- engraved, baked or inlaid lettering on a product1
- a name of origin, the denomination of an exotic product or foreign specialty2
- software3
- medical, pharmaceutical or scientific products4
- the product is not offered for retail sale and no equivalent substitute presented in French is available in Quebec; or
- the product weighs 100 g or less, or its container has a capacity of 10 cm3 or less, or 10 ml or less.
- “international usage”5
- recognized trademark (see The recognized trademark exception)
- Definition
- General rule and nuances
- Some exceptions
- cultural or educational product7
- convention, conference, fair, exhibition8
- recognized trademark (see The recognized trademark exception)
- Definition
- the name of a store displayed outside the store, on its storefront;
- an inscription regarding the type of services offered, painted on the window of a business;
- a product display inside a store;
- a message promoting the opening of a new store, displayed on a vehicle; and
- a message promoting an event, displayed on a digital billboard in a shopping mall.
- General rule
- the space allotted to the French text is at least twice as large as that allotted to the text in another language;
- the legibility and visibility of the French text are at least equivalent to those of the text in another language, i.e., the French components are permanent and not of a precarious nature due to, among other things, the sign materials, and are designed, lighted and situated so as to make them easy to read, both at the same time and at all times, with the components in another language; and
- all components of the public signage or commercial advertising are visible and legible in the same visual field, i.e., at the same time without having to move.
- a patronym or toponym;
- a recognized trademark (with the exception of one appearing on signage visible from outside the premises);
- any term the use of which in a language other than French is permitted by the French Charter and the Regulation;
- business hours, telephone numbers and addresses;
- figures and percentages;
- definite articles such as “le”, “la”, “les”;
- indefinite articles such as “un”, “une”, “des”; and
- partitive articles such as “du”, “de la” and “de l'”.
- Some exceptions
- specific situations set out in the French Charter and the Regulation
- exclusively in French
- without a markedly predominance of French
- only in another language
- recognized trademark (see The recognized trademark exception)
- Trademarks used on products as of June 1, 2025
- Trademarks on public signage and in commercial advertising as of June 1, 2025
- The Office québécois de la langue française
- issue orders in the event of a breach of the French Charter, including against anyone who distributes, sells at retail, offers for sale or leases non-compliant products;
- ask the Quebec Superior Court to issue injunctions; and
- ask the Court to order the removal or destruction of posters, advertisements, billboards and illuminated signs that do not comply with the French Charter, at the expense of the person to whom the order is addressed.
- Complaint and investigation process
- Risk of non-compliance with the French Charter
- the fines that can be imposed by the Court of Quebec range from $700 to $7,000 CAD (for individuals) and from $3,000 to $30,000 CAD (for a legal person), per violation17;
- the fines are doubled for a second offence and tripled for any subsequent offence18;
- if the offence is committed by a director or officer of a legal person, the minimum and maximum fines are double those applicable to individuals (i.e., $1,400 to $14,000 CAD)19;
- if the offence continues for more than one day, each day on which the offence continues constitutes a separate offence20; and
- a business holding a permit, or other authorization of the same nature, issued by the Quebec government may have such permit revoked or suspended in the event of repeated breaches of the French Charter21.
- conduct an audit of non-French trademarks used by the business in connection with products commercialized in Quebec;
- consult a French dictionary to verify whether the words in the trademarks are not already French words;
- for registered trademarks, verify that the trademarks appearing on products commercialized in Quebec match the trademarks as registered in Canada to ensure that they will likely trigger the recognized trademark exception;
- verify if an exception other than the recognized trademark exception applies;
- for common law trademarks, evaluate the possibility of registering them, considering examination delays, which have been reduced significantly in recent months; and
- for trademarks that may not be registrable, consider translating them into French if/when they are used in association with products commercialized in Quebec.
- Regulation, section 3(6).
- Regulation, section 7(2).
- French Charter, section 52.1.
- Regulation, section 6.
- French Charter, article 92.
- French Charter, section 52.
- Regulation, sections 2 and 11.
- Regulation, section 12.
- Regulation, section 15.
- Regulation, section 16.
- Regulation, section 18.
- Regulation, section 24.
- Regulation, section 23.
- Regulation, section 25.
- Amending Regulation, section 27.2 (in force on June 1, 2025).
- The grace period also applies to products manufactured between 1 June 2025 and 31 December 2025 that are subject to the new labelling standards provided by the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils) (SOR/2022- 168) or the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods) (SOR/2022-169).
- French Charter, section 205.
- French Charter, section 207.
- French Charter, section 208.
- French Charter, section 208.0.1.
- French Charter, section 204.28.
- Charter of Human Rights and Freedoms, RLRQ c.12, section 3.1.
1. Legal framework
The Charter of the French language
The French Charter was adopted in 1977 by the Quebec government to protect the French language. Through the French Charter, the French language holds status as the official language in the province of Quebec, making its use mandatory in all aspects of public life in the province, including commerce and business.
The French Charter applies to businesses with an establishment in the province of Quebec and, in some respects, to businesses that sell their products and offer their services in Quebec without necessarily being established there.
As far as commerce and business are concerned, French language requirements under the French Charter fall into three categories:
The general rule under the French Charter is that the French language must be used on products marketed in Quebec, in commercial publications, on public signage and in commercial advertising. However, the French Charter and the Regulation provide a number of exceptions, some of which are discussed in greater detail in this article.
An Act respecting French, the official and common language of Quebec
On May 13, 2021, the Quebec government introduced Bill 96 with the aim of better protecting the French language and promoting its use in the province of Quebec. Adopted on June 1, 2022, Bill 96, now Law 14, made significant modifications to the French Charter, notably concerning the language of commerce and business and, more specifically, the provisions relating to inscriptions on products and public signage and commercial advertising in Quebec, and the “recognized trademark” exception. In this regard, Law 14 introduces sections 51.1 and 58.1 to the French Charter, which will come into force on June 1, 2025.
Law 14 also grants increased powers to the Office québécois de la langue française (OQLF), the body in charge of enforcing the French Charter and its Regulation and makes significant revisions to the complaints and investigation process for which the OQLF is responsible.
The Regulation respecting the language of commerce and business
The Regulation provides a series of exceptions to the general rules in the French Charter for inscriptions on products, commercial publications, and public signage and commercial advertising.
On June 26, 2024, the Quebec government published the Amending Regulation, which clarified some of the uncertainties regarding the interpretation of sections 51.1 and 58.1 of the French Charter.
2. Inscriptions on products
A “product” includes the product’s label, container and packaging, as well as any accompanying documentation, such as user manuals, certificates of warranty, promotional materials and discount coupons.
The general rule under the French Charter is that any inscription on a product must be in French. An inscription on a product may be accompanied by its translation in another language, provided that the translation is not given greater prominence than French (e.g., in terms of size, position, font, colour, etc.) and is not accessible on more favourable terms.
This means that inscriptions in another language should not appear more prominently than those in French, and that consumers should not have to make any extra effort to see the information in French compared to that in another language.
An inscription that is engraved, baked or inlaid into the product itself, or that is riveted or welded to it, or embossed on it, in a permanent manner, may appear exclusively in a language other than French, provided that the product comes from outside Quebec and that the inscription does not concern safety.
A name of origin, the denomination of an exotic product or a foreign specialty may appear exclusively in a language other than French.
The content of software may be exclusively in a language other than French, provided that no French version of the software exists, either in Quebec or elsewhere.
An inscription on a product, or its container, used for medical, pharmaceutical or scientific purposes, may appear exclusively in a language other than French, provided that the product originates from outside Quebec, that the French version of the inscription appears on the wrapping of the product or on the documentation supplied with the product, and that either of the following conditions is met:
A term whose use is established by international usage, determined according to certain criteria based on a case-by-case analysis, may appear exclusively in a language other than French.
Notably, a trademark that is registered in multiple jurisdictions will not trigger this exception.
3. Commercial publications
Commercial publications include catalogues, brochures, flyers, commercial directories, order forms and any similar publications available to the public, whatever the medium. They also include websites and social media pages.
The general rule under the French Charter is that all commercial publications must be in French. A commercial publication may include a translation into another language, provided that the French text is at least equivalent to that in the other language (e.g., in terms of size, position, font, colour, etc.) and is not accessible on more favourable terms.
A commercial publication may, however, be available in several versions, including one exclusively in French and one exclusively in another language, provided that the French version is equally as accessible under conditions that are at least as favourable, and of a quality that is at least equivalent to the version in another language. For example, an English-only brochure in paper format that includes a hyperlink to a webpage that displays the French version of the brochure would probably not be considered compliant with the accessibility criterion. To meet the quality criterion, companies are urged to exercise caution when using an online translation tool to translate their commercial publications into French, as the result may not match the quality of the original version, and may not be acceptable to the OQLF.
Websites of companies, regardless of whether they have an establishment in Quebec, which advertise, market or otherwise offer their products and services to Quebec consumers, must comply with the French Charter. In practice, then, a French version of their websites must be available, and such websites must be entirely in French (e.g., the substantive content, the terms and conditions, the privacy policy, any purchase agreements or shipping/return policies, any FAQs, etc.). If the website is provided in a language other than French, the French version must be of at least the same quality. A significant percentage of fines awarded by the Court of Quebec in recent years are for non-compliant websites.
For social media, it may not be practical to have two pages; one in French and the other in another language. However, businesses must ensure that any posts of a commercial nature that are targeted at Quebec consumers but in a language other than French are also in French and meet the French equivalence requirement. Of course, businesses do not have control over the language used by individuals who publish comments on their social media pages. However, when a consumer communicates with a company in French, for example, by commenting on a post or offering feedback on a product or service, the business must respond in French to comply with the French Charter. On the other hand, if the comment or feedback is in another language, the business may respond to the consumer in that other language.
A commercial publication concerning a cultural or educational product, a cultural or educational activity (e.g., a show, a speech, a radio or television program, a course, a conference, a seminar, etc.) or promoting an information outlet may be written only in a language other than French if the content of the cultural or educational product is in that other language, if the cultural or educational activity takes place in that other language or if the information outlet broadcasts in that other language.
A commercial publication relating to a convention, conference, fair or exhibition and intended solely for a specialized or limited public, may be written exclusively in a language other than French.
4. Public signage and commercial advertising
Public signage or commercial advertising includes any message displayed in a place accessible to the general public, regardless of the medium used to display it, including signs, billboards, displays, etc. The following examples would be considered public signage or commercial advertising:
The general rule under the French Charter is that all public signage and commercial advertising must be in French. However, in certain circumstances, public signage and commercial advertising may be in French and another language, provided that French is markedly predominant.
Several criteria are considered when assessing whether French is markedly predominant on public signage or in commercial advertising. Generally speaking, this requirement will be met when the French text appearing on the public signage or in the commercial advertising has a much greater visual impact than the text written in another language. For example, this requirement will be met when
Please note that the following terms are not considered when assessing visual impact:
When assessing the visual impact of dynamic signage; that is, when text in French and its equivalent in another language is displayed in alternation, the French text will have a much greater visual impact than the text written in another language when it is visible for at least twice as long as the text written in another language.
The French Charter and the Regulation provide for situations in which public signage and commercial advertising must be exclusively in French, or may be displayed without a markedly predominant use of French or exclusively in another language. For example:
In Quebec, commercial advertising on billboards, signs or posters with a surface area of at least 16 m2 that are visible from a public highway must be exclusively in French9. Similarly, commercial advertising on any form of public transit (including accesses thereto such as bus shelters) must be exclusively in French10.
Public signage relating to health or public safety may be in both French and another language provided that French appears at least as prominently11.
Public signage and commercial advertising relating to a convention, conference, fair or exhibition and intended solely for a specialized or limited public, may be only in a language other than French for the duration of the event12.
Public signage displayed by a natural individual, for non-professional and non-commercial purposes, may be in a language other than French13.
Certain inscriptions may appear on public signage or in commercial advertising exclusively in a language other than French14, such as the name of a business established exclusively outside Quebec, a name of origin, a heraldic motto, or any other non-commercial motto, to name but a few.
5. The recognized trademark exception
A trademark that is registered in Canada or that has been used in association with products or services in Canada such that it has become known in Canada (i.e., a common law mark) does not need to be translated into French when appearing on a product, in a commercial publication or on public signage or in commercial advertising, provided that no French version is registered in Canada. This exception is commonly referred to as the “recognized trademark exception”.
Currently, there is a “limitation” to the exception when a recognized trademark appears on a sign outside a building. In this context, the recognized trademark must be accompanied by a “sufficient presence of French” i.e., inscriptions in French on the sign or the building itself, in the same visual field as the recognized trademark, and with the same visibility as the recognized trademark to inform consumers of the nature of the business. As of June 1, 2025, this requirement will be replaced by the more burdensome requirement that French inscriptions be “markedly predominant”, as explained below.
It should be noted that relying on common law rights, rather than registered rights, to trigger the exception in the event of a complaint could prove much more costly and time-consuming for businesses. While the OQLF will generally recognize a trademark as a “recognized trademark” upon receipt of a copy of the registration certificate on file with the Canadian Intellectual Property Office (CIPO), its inspectors are generally not trademark lawyers, and therefore do not have the expertise to assess evidence relating to common law trademarks. A company wishing to rely upon its common law rights to defend an order issued by the OQLF will have to prepare and deliver ample evidence of such rights in the context of an appeal of the OQLF's order before the Tribunal Administratif du Québec (TAQ), which has very limited experience in intellectual property law (see Complaint and investigation process).
As of June 1, 2025, with the coming into force of section 51.1 of the French Charter and section 7.1 of the Regulation, a “generic” or “descriptive” term in a recognized trademark appearing on a product or its label or packaging will have to be translated into French. The French translation will have to appear on the product itself or on a medium permanently attached to the product, and be as prominent as, and available on terms as favourable as, the other language.
The Regulation provides exceptions to this requirement for the “name of the product as sold”, which we understand to be the product brand name, and for the “name of the enterprise”, which we understand to be the brand name corresponding to the name of the business, which do not need to be translated even if they are generic or descriptive15. A practical guide published in September 2024 by the OQLF provides examples to illustrate the translation requirement for “generic” or “descriptive” terms included in a recognized trademark, which are reproduced below for illustrative purposes:
In these examples, in which the English inscriptions on the packaging shown in the left-hand column are registered trademarks, the terms “HAPPY TEETH” and “BESTSOAP” are considered to be the names of the products.
The Regulation provides a two-year grace period, until June 1, 2027, to allow businesses more time to translate “generic” or “descriptive” terms included in a recognized trademark appearing on a product in accordance with section 51.1 of the French Charter and section 7.1 of the Regulation. This grace period will apply only to products manufactured before June 1, 2025, and later for certain regulated products16.
As of June 1, 2025, with the coming into force of section 58.1 of the French Charter and section 25.1 of the Regulation, when a recognized trademark written, even in part, in a language other than French appears on public signage visible from the exterior of a premises (e.g., on a building or in a shopping mall), the “markedly predominant” requirement must be met.
Accordingly, the recognized trademark must be accompanied by French terms - such as a generic term, a descriptive term or a slogan - to ensure the markedly predominant use of French on the public signage (see Public signage and commercial advertising).
The practical guide published by the OQLF provides examples to illustrate the “markedly predominant” requirement in the context of public signage bearing a recognized trademark, some of which are reproduced below:
There is no grace period for public signage and commercial advertising.
6. Enforcement of the French Charter, complaint and investigation process and possible sanctions
The OQLF has the power and authority to investigate a violation of the French Charter and to:
The OQLF also has the power to refer matters to the Director of Criminal and Penal Prosecutions (DPCP), who in turn can take action against an offender before the Court of Quebec and impose a fine.
The OQLF has the authority to act on its own initiative by monitoring Quebec’s commercial landscape for the purposes of identifying violations of the French Charter. In addition, the OQLF will investigate an alleged violation of the French Charter when a complaint from the public is lodged. It should be noted that the identities of complainants are kept confidential, and that the complainants are kept informed of the OQLF's handling of their complaints.
When the OQLF receives a complaint, it is forwarded to an inspector who will rule on its merits. If the inspector finds a violation of the French Charter, they will send a formal letter to the business involved in the breach to initiate a dialogue. Upon receipt of such a letter, a Quebec retailer or distributor of a non-compliant product may turn to the foreign manufacturer of the product to resolve the issue. The letter will provide a deadline to respond to the OQLF, as well as to remedy the non-compliance. Notably, the OQLF is generally reasonable with businesses that are willing to cooperate and remedy the violation of the French Charter, with the majority of these cases being settled “amicably”.
However, a business’s refusing to comply or to propose a solution to the OQLF's satisfaction may result in the OQLF’s issuing an order requiring the business to comply with the French Charter within a specified timeframe. An OQLF order may be appealed to the TAQ.
In the absence of an appeal, an order issued by the OQLF becomes final, and may give rise to an injunction if the business does not comply and the OQLF decides to bring the matter to the Superior Court, and/or to penal sanctions if the business does not comply and the OQLF decides to refer the matter to the DPCP, which may initiate penal proceedings before the Court of Quebec. However, only a small portion of all the complaints received by the OQLF are the subject of such penal proceedings; since 2020, less than 1% of such complaints have been referred to the DPCP.
Since June 2022 and the coming into force of Law 14, sanctions for a violation of the French Charter have become more severe and diversified. Notably:
In addition, there is a reputational risk associated with a violation of the French Charter, since the penal proceedings mentioned above are public and may be reported in the media. Such reportage would be unfortunate publicity for any company concerned about its brand image, since respect for the French language is a sensitive topic in Quebec.
Law 14 also introduced a new “right to live in French to the extent provided for in the Charter of the French Language”22. This new private right of action exposes companies to an increased risk of legal actions by Quebec residents, including class actions. Such lawsuits could result in statutory damages.
7. Practical considerations for businesses
The recent reform of the French Charter and the Regulation has generated many questions from businesses, the vast majority of which relate to inscriptions on products commercialized in Quebec.
Below is a non-exhaustive list of things every business should consider to ensure that its products comply with the French Charter:
8. Conclusion
Law 14 has been and continues to be the subject of much debate and discussion. In the context of the “tariff war” with the United States, it has been identified by Donald Trump's government as a barrier to trade. Law 14 is also not immune to possible intervention by the federal government in the event of a validity challenge. In any event, it will be interesting to see how these amendments to the French Charter, particularly those concerning the recognized trademark exception, will be applied in practice by the OQLF and interpreted by the Courts. We will continue to keep an eye on French language requirements in Quebec and provide timely updates in due course, as it is a safe bet that Law 14 will continue to be the subject of much debate and discussion.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.