Editing Charter of the French Language (section)

==Status of the French language==
In order to achieve the goal of making French the "normal and everyday language of work, instruction, communication, commerce and business" and ensure the respect of francophone Quebecers' language rights, the ''Charter'' contains a number of key provisions and various regulations.

===Official language===
In the first article of the ''Charter'', French is declared the official language of Quebec.<ref>Charter of the French Language, [http://www.oqlf.gouv.qc.ca/english/charter/title1chapter1.html Title I – Chapter I] {{webarchive |url=https://web.archive.org/web/20070404131758/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter1.html |date=April 4, 2007 }}</ref>

The French language was previously declared the sole official language of Quebec with the adoption of the ''[[Official Language Act (Quebec)|Official Language Act]]'' in 1974. Quebec is constitutionally obligated nonetheless to provide English services in the courts and the [[National Assembly of Quebec]] (see below).{{Citation needed|date=March 2023}}

===Fundamental language rights===
The fundamental French-language rights in Quebec are:

# The right to have the civil administration, the health services and social services, the public utility enterprises, the professional corporations, the associations of employees and all enterprises doing business in Quebec communicate with the public in French. (article 2)
# The right to speak French in deliberative assemblies. (article 3)
# The right of workers to carry on their activities in French. (article 4)
# The right of consumers to be informed and served in French. (article 5)
# The right of persons eligible for instruction in Quebec to receive that instruction in French. (article 6)

===Parliament and courts===
French is the declared language of the legislature and courts in Quebec. Section 133 of the ''Constitution Act, 1867'', still in effect, nonetheless requires that bills be printed, published, passed and assented to in French and English in the Parliament of Canada and the Legislature of Quebec.<ref>{{cite web|url=http://laws-lois.justice.gc.ca/eng/Const/page-7.html#h-29 |title=Constitution Acts, 1867 to 1982 |publisher=Laws-lois.justice.gc.ca |access-date=29 May 2015}}</ref>

French or English may be used by any person before the courts of Quebec. Parties may request the translation in French or English of the judgments by the courts or decisions rendered by any "body discharging quasi-judicial functions".

The French text prevails over the English one, in case of any discrepancy, for any regulation to which section 133 of the ''Constitution Act, 1867'' does not apply.<ref>Charter of the French Language, [http://www.oqlf.gouv.qc.ca/english/charter/title1chapter3.html Title I&nbsp;– Chapter III] {{webarchive |url=https://web.archive.org/web/20061125003301/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter3.html |date=November 25, 2006 }}</ref>

The first version of the ''Charter'' provided that laws be enacted only in French. In 1979, the related provisions (articles 7 through 13) were rendered inoperative by a ruling of the [[Supreme Court of Canada]] in ''[[Attorney General of Quebec v. Blaikie (No. 1)|Attorney General of Quebec v. Blaikie]]''; however, Quebec responded by re-enacting in French and in English the ''Charter of the French Language'', leaving intact articles 7 through 13.<ref>[http://www.oqlf.gouv.qc.ca/charte/reperes/reperes.html Repère et jalons historiques], on the Web site of the {{lang|fr|i=no|Office québécois de la langue française}}. Retrieved April 28, 2008</ref>

In 1993, the ''Charter''<nowiki/>'s provisions related to the language of the legislature and courts were made compliant with the Supreme Court's ruling.

===Civil administration===
The government departments and agencies are designated by their French name alone, and all administrative documents are drafted and published in that official language. All communications by the administration with other governments and legal persons, between departments and internally inside departments, are conducted in the official language.

A person must have knowledge of the official language appropriate to the office for which he or she is applying.

A non-official language may be used on signs and posters of the administration, but only for health or public safety reasons.<ref>[http://www.oqlf.gouv.qc.ca/english/charter/title1chapter4.html The Charter of the French Language – Title I – Chapter IV] {{webarchive |url=https://web.archive.org/web/20061125003237/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter4.html |date=November 25, 2006 }}, on the Web site of the {{lang|fr|i=no|Office québécois de la langue française}}. Retrieved April 28, 2008</ref>

===Semi-public agencies===
Public utilities and professional orders must provide service in the official language and use it for their internal and general communications. Professional orders may issue permits only to persons who have a knowledge of the official language appropriate to the practice of their profession.<ref>Charter of the French Language, [http://www.oqlf.gouv.qc.ca/english/charter/title1chapter5.html Title I – Chapter V] {{webarchive |url=https://web.archive.org/web/20061129164458/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter5.html |date=November 29, 2006 }}</ref>

===Labour relations===
Nineteen articles of the ''Charter'' provide for the general goal of making French the language of labour relations and ensuring each worker's right to work in French.

Employers are to draw up written communications to all or part of their staff, including after termination of the employment relationship, in French. They are also required to publish offers of employment, transfer or promotion in the official language. An employment contract must be provided in French first to a candidate if it falls under the definition of [[contracts of adhesion]] (i.e., a contract whose main provisions are not negotiable). It is only after the parties have examined the contract's French version that they may choose to be bound by its version in another language. Freely negotiated employment contracts may be drawn up in another language than French at the parties' express wish.

In particular, an employer cannot dismiss, lay off, demote, transfer or take reprisals against, or impose any other penalty on, a staff member on the sole account of he or she being exclusively French-speaking or of possessing insufficient knowledge of a non-official language, or because that member demanded the respect of his or her right to work in French. As a job requirement, knowledge or a specific level of knowledge of a language other than French is prohibited, unless the nature of the duties require it.

The {{lang|fr|i=|Commission des normes, de l’équité, de la santé et de la sécurité du travail}} (Employment Standards, Equity, Health and Safety Commission) arbitrates in case of disagreement over the necessity of knowing a non-official language to perform a given work. The burden of the proof is on the employer, who must satiety each the following criteria in order to meet the requirement of having taken all reasonable means to avoid requiring knowledge or a specific level of knowledge of a language other than the official language:

# The employer assessed the actual language needs associated with the duties to be performed; 
# The employer made sure that the language knowledge already required from other staff members was insufficient for the performance of those duties; and
# The employer restricted as much as possible the number of positions involving duties whose performance requires knowledge or a specific level of knowledge of a language other than the official language.<ref>Charter of the French Language, [https://www.legisquebec.gouv.qc.ca/en/document/cs/c-11]<nowiki> |date=December 11, 2022 }}</nowiki></ref>

===Commerce and business===
Product labels, their instructions, manuals, warranty certificates as well as restaurant menus and wine lists must be in French. Other languages may be used, provided French's prominence is at least equivalent.<ref>[http://www.oqlf.gouv.qc.ca/english/charter/title1chapter7.html The Charter of the French Language – Title I – Chapter VII] {{webarchive |url=https://web.archive.org/web/20070402090304/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter7.html |date=April 2, 2007 }}. Retrieved May 10, 2010</ref><ref>OQLF. [http://www.oqlf.gouv.qc.ca/english/infoguides/selling/selling.html Selling or distributing your products in Québec] {{webarchive |url=https://web.archive.org/web/20110609021755/http://www.oqlf.gouv.qc.ca/english/infoguides/selling/selling.html |date=June 9, 2011 }}. Retrieved May 10, 2010</ref><ref>OQLF. [http://www.oqlf.gouv.qc.ca/english/infoguides/requirements/glance.html Requirements at a glance] {{webarchive |url=https://web.archive.org/web/20110609021802/http://www.oqlf.gouv.qc.ca/english/infoguides/requirements/glance.html |date=June 9, 2011 }}. Retrieved May 10, 2010</ref>

Catalogues, brochures, folders, commercial directories and other such publications must be in French. All software (for example, video games and operating systems) must be available in French unless no such version exists.<ref>Charter of the French Language, [http://www.olf.gouv.qc.ca/english/charter/title1chapter7.html Title I – Chapter VII, Section 52.1] {{webarchive |url=https://web.archive.org/web/20090902010854/http://www.olf.gouv.qc.ca/english/charter/title1chapter7.html |date=September 2, 2009 }}</ref>

Signs and posters must be in French, and if they include any additional language, the French must be markedly predominant. A recognized trademark within the meaning of the [[Trade-marks Act|''Trademarks Act'']] may appear exclusively in a language other than French unless a French version has been registered.<ref name=":0">{{Cite web|url=http://legisquebec.gouv.qc.ca/en/showdoc/cr/C-11,%20r.%209|title=Regulation respecting the language of commerce and business, CQLR c C-11, r 9|website=LégisQuébec}}</ref> Where a trademark is displayed outside a building exclusively in a language other than French, a sufficient presence of French must also be ensured.<ref name=":0" />

A number of exceptions to the general rules for commercial products, signs and advertising:

* Products destined exclusively for export;
* Educational products for the teaching of a language other than French;
* Cultural and ideological companies, groups, signs, and literature (including non-French broadcasters and newspapers); and
* Companies (usually multinational corporations) that sign an agreement with the OQLF permitting an exemption from the francization requirement. (However, the rules regarding the right of a worker to work in French still apply.)<ref>Charter of the French Language, [http://www.oqlf.gouv.qc.ca/english/charter/title1chapter7.html Title I – Chapter VII] {{webarchive |url=https://web.archive.org/web/20070402090304/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter7.html |date=April 2, 2007 }}</ref>

In some parts of Quebec, like Montreal, bilingual signs with French and English text of equal sizes can be seen (such as in historically English educational institutions, and in federally regulated businesses), although French is sometimes predominant on these signs. For example, French is located to the left of other languages so that it is read before the non-French text when reading left to right. (Formerly, the size and colour of text in other languages were tightly regulated as well.)

===Application to indigenous languages===
Though article 97 clarifies that while "the Indian reserves are not subject to this ''Act''", the local indigenous languages are still subject to it off-reserve. For example, indigenous languages are not exempted from the application of article 58, whereby "public signs, advertising and posters must be in French", but may be in the local indigenous language "provided that French is markedly predominant".

Though article 58 does allow the provincial government to "determine by regulation the places, cases, conditions or circumstances ... where French need not be predominant or where such signs, posters and advertising may be in another language only", it imposes no obligation on the government to exempt indigenous languages.

===Language of instruction===
{{Further|Education in Quebec}}
{{Anchor|Language of instruction}}The language of instruction from kindergarten to secondary school is French. (The instruction language is the language in which the classes are taught. Learning of English as a second language is mandatory for all children attending French school beginning in elementary school.)

Articles 87, 88 and 89 provide for the use of [[Amerindian languages|Indigenous languages]] and [[Inuktitut]] as the language of instruction. The rate of introduction of French and English as languages of instruction is left to school committees and parents' committees.<ref name="Title I - Chapter VIII">Charter of the French Language, [http://www.oqlf.gouv.qc.ca/english/charter/title1chapter8.html Title I – Chapter VIII] {{webarchive |url=https://web.archive.org/web/20061129164447/http://www.oqlf.gouv.qc.ca/english/charter/title1chapter8.html |date=November 29, 2006 }}</ref>

At the request of parents, the following may receive instruction in English:

# a child whose father or mother is a Canadian citizen and received elementary instruction in English anywhere in Canada, provided that that instruction constitutes the major part of the elementary instruction he or she received in Canada;
# a child whose father or mother is a Canadian citizen and who has received or is receiving elementary or secondary instruction in English in Canada, and the brothers and sisters of that child, provided that that instruction constitutes the major part of the elementary or secondary instruction received by the child in Canada.

The original 1977 ''Charter'' provided for the English instruction not on the basis of a parent having received his instruction in English in ''Canada'', but in ''Quebec'' only. This came to be amended following the adoption of the ''[[Constitution Act 1982]]'', which defined the educational right of French and English minorities in all provinces under [[Section Twenty-three of the Canadian Charter of Rights and Freedoms|section 23]] of the [[Canadian Charter of Rights and Freedoms]].