Understanding the impact of Bill 96: What Quebec’s new language regulations mean for your auto care business
The way businesses operate in Quebec is changing, and if you are part of the auto care sector, it is essential to stay informed. Bill 96, which amends the Charter of the French Language, introduces stricter French-language requirements for businesses. These changes will impact how you use trademarks, advertise services, draft contracts, and communicate with customers.
As a member of the Automotive Industries Association of Canada, you rely on clear and practical information to navigate evolving regulations. This blog provides an overview of the key changes coming into effect and what they mean for your business. While this article is intended to provide guidance, it does not constitute legal advice. The Automotive Industries Association of Canada encourages you to seek professional counsel to ensure compliance with Bill 96.
Key implementation dates to remember
- July 11, 2024 – New rules for standard-form contracts take effect.
- June 1, 2025 – Changes related to product labeling, signage, advertising, and business documentation come into effect.
- June 1, 2027 – End of the grace period for selling non-compliant products manufactured before June 1, 2025.
Trademarks and product labeling
1. Limited use of non-french trademarks
Bill 96 restricts the use of non-French trademarks. Moving forward:
- Only registered trademarks (under the Trademarks Act) may appear in a language other than French.
- The final regulations introduce the concept of “recognized trademarks”, which allows the use of an unregistered trademark in another language if no equivalent French version is registered.
2. Mandatory French translation for ‘’descriptive’’ or ‘’generic’’ terms
By June 2025, any descriptive or generic term in a trademark must be translated into French and permanently displayed on the product or packaging.
- Descriptive term: Highlights a product’s characteristics (for example, “high performance”).
- Generic term: Refers to the product itself (for example, “brake pad”).
- Exemptions: Designations of origin or culturally distinctive names.
3. Grace period until June 2027
Businesses will have until June 1, 2027, to sell products manufactured before June 1, 2025, even if they do not meet the new language rules. For federally regulated products, the compliance deadline extends to the end of 2025.
Public signage, commercial advertising, and documentation
1. “Marked predominance of French” for signage
If your business signage includes a trademark or text in another language, French must be markedly predominant. This means:
- The French text must be at least twice as large as any foreign-language text.
- The visibility and legibility of the French text must be equal to or greater than the other language.
- For dynamic signage (for example, digital displays), the French text must be displayed twice as long as the other language.
2. Trademarks in signage and advertising
Similar to product labeling:
- Only registered or recognized trademarks may be displayed in another language.
- If a French equivalent exists, it must be used.
This applies to both public signage and commercial advertising.
3. Business documentation requirements
The initial draft of Bill 96 suggested stricter rules for business documentation. However, the final regulation does not yet impose additional requirements. Future updates may clarify this, particularly for materials such as brochures, product information sheets, and contracts.
Standard-form contracts: New requirements as of July 2024
A standard-form contract is a pre-drafted agreement where the signing party has little or no ability to negotiate. Bill 96 introduces strict rules for these contracts:
- Mandatory French version delivery: A French version must be provided before the signer agrees to use another language.
- Conditional validity: If the French version was not given before signing, the contract:
- May be unenforceable against the signer.
- Could be declared null and void by the signer without proof of harm.
- Documents “related to” the contract must be in French: his includes any certificate or attestation (e.g., insurance), documents required by law (e.g., cancellation forms), and any accessory to the contract.
- Contracts concluded remotely or by phone: The signer must be invited to review the standard terms in French. Special provisions apply when the contract must take effect immediately and the consumer cannot easily access the French version.
- In case of discrepancy between versions: The signer may always rely on the version (French or foreign) that is most favorable to them.
Compliance risks: Fines and legal consequences
1. Stricter enforcement and penalties
The Office québecois de la langue française will actively monitor compliance. Non-compliance may result in:
- Fines for both companies and their administrators.
- Each day of non-compliance counts as a separate offense.
2. Increased risk of class actions
Bill 96 expands legal grounds for class actions based on language rights. Quebec’s Charter of Human Rights and Freedoms allows for punitive damages in cases where a person’s right to live in French is violated.
3. Unclear regulations for certain products
Some areas remain unclear, such as:
- Permanent markings (for example, engravings, indelible labels).
- Embedded software language requirements.
Further regulations or government directives may clarify these aspects.
Resources and support for compliance
Staying informed is crucial. Below are some official resources to help guide your business:
Preparing for the transition
The full enforcement of Bill 96 begins on June 1, 2025. Businesses should not expect delays or extensions for compliance.
The Automotive Industries Association of Canada understands that these regulatory changes will impact our members. We are committed to supporting you through this transition and will continue to provide updates as more details emerge.
If you have questions or need guidance on compliance measures, please reach out to us. Thank you for your attention to these new requirements.