Bill C 13: Potential Uncertainty For Federal Undertakings In Québec

• Published date: 18 October 2022
• Subject Matter: Consumer Protection, Government, Public Sector, Consumer Law, Constitutional & Administrative Law, Dodd-Frank, Consumer Protection Act
• Law Firm: Osler, Hoskin & Harcourt LLP
• Author: Mr Alexandre Fallon, Rachelle Saint-Laurent and Sebastien Duckett

On May 30, Bill C 13, which makes several changes to strengthen, protect and promote the French language, received its second reading before the House of Commons. The Bill is currently being studied by the Standing Committee on Official Languages, and the deadline to submit a brief is October 31, 2022.

The federal government's push to modernize its approach to Canadian official languages comes in the wake of the Québec National Assembly's adoption of Bill 96, which brought significant amendments to the Charter of the French Language (Charter). Bill C 13 has two parts: the first amends the Official Languages Act and the second enacts the Use of French in Federally Regulate Private Business Act (The Act). If its current version is adopted into law, the Act would provide new rights and obligations respecting the use of French with consumers and employees of federally regulated private business (federal undertakings) operating in Québec.

New consumer rights

The Act provides consumers in Québec and regions with a strong francophone presence with a right to communicate and receive services in French from federal undertakings, who are obligated to respect these rights. This language obligation applies to oral and written communications and with respect to any documents or activities that relate to those communications or services. If desired, the consumer may communicate with the corporation in a language other than French.

The Act also provides individuals or groups with a remedy in the form of a complaint mechanism to the Commissioner of Official Languages (Commissioner) if they believes that a federal undertaking has failed to comply with their obligations. The Commissioner may also investigate at her/his own initiative. Federal undertakings found not to have been compliant may face recommendations and orders outlined in the Official Languages Act, and monetary damages can be sought before the Federal Court.

New language rights at work

The Act provides employees, or those assigned to positions of federal undertakings in Québec, with a right to work in French. This includes the right to receive all communications and documentation from their employer in French, such as offers of employment, promotions, notices of termination, collective agreements and grievances arising from them. It also extends to the language in which work instruments and computer systems are available.

This new right does not, however, preclude providing communications and documents in...