>NEWS

Bill 96 :
THE IMPACT OF BILL 101 REFORM ON THE WORKPLACE
 

On May 13^th, the Minister responsible for the French language, Mr. Simon Jolin-Barette, introduced Bill 96, " An Act respecting French, the official and common language of Québec ", the purpose of which is to reaffirm that French is the only official language of Quebec.

This bill provides for a thorough modification of Bill 101, the Charter of the French Language, adopted in 1977. The following are some of the proposed changes regarding the language of work:

• Employers would have a number of obligations to ensure that the right of employees to conduct business in French is respected in many aspects of employment, including written communications with employees. However, an employer would be able to communicate in writing exclusively in a language other than French with an employee who requests it.
   
• Every employee would be entitled to a workplace free from discrimination or harassment because he or she has little or no command of a language other than French, because he or she claims the right to express himself or herself in French, or because he or she has demanded respect for a right under the Charter. The employer should take reasonable steps to prevent this type of conduct and, when such conduct is brought to its attention, to stop it. This new provision is reminiscent of the provisions of the Act respecting Labour Standards concerning psychological harassment.
   
• An employer may not require knowledge or a specific level of knowledge of a language other than French in order for a person to remain in or gain access to a position (through recruitment, hiring, promotion, etc.), unless the performance of the task requires such knowledge. In this case, the employer should have taken all reasonable steps to avoid imposing such a requirement.
   
• In this regard, the Bill provides for a presumption that an employer would not have taken all reasonable means to avoid requiring knowledge or a specific level of knowledge of a language other than French if, before requiring such knowledge or level of knowledge, one of the following three conditions is not met:
  
  - assessed the actual language needs associated with the tasks to be performed;
  - ensured that the language skills already required of other staff members were insufficient for the performance of these tasks;
  - it has limited as much as possible the number of positions that have duties that require the knowledge or a specific level of knowledge of a language other than French.
   
• As of now, an employer is prohibited from dismissing, laying off, demoting or displacing an employee solely because the employee only speaks French or has an insufficient knowledge of a particular language other than the French language, or because an employee asked the compliance of a right under the Charter. The measures covered by this prohibition would be broadened. Indeed, an employer would be prohibited not only from dismissing, laying off, demoting or transferring an employee, but also from retaliating against or otherwise penalizing that employee solely because he or she speaks only French or has insufficient knowledge of a particular language other than French, or for any of the other reasons specifically set out in the Bill.
   
• Finally, the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) would be responsible for complaints of prohibited practices or failure to respect Charter rights.
   
• Various measures are aimed at the francization of businesses with 25 or more employees, whereas such measures are currently aimed at businesses with 50 or more employees. These provisions would come into force three years after the Bill becomes law.

Here are some changes that may also have an impact in certain workplaces:

• The civil administration (the government, its departments and other agencies) should, in an exemplary manner, use the French language, promote its quality, ensure its development in Quebec, and protect it.
   
• French should be the exclusive language of oral and written communications within the government, its departments and other agencies of the civil administration.
   
• Staff members of a government agency should use French exclusively in oral communications or in writing with each other in the performance of their duties.
   
• Professional bodies and their members should maintain an appropriate knowledge of the French language to practice their profession.
   
• A certified French translation should be attached to any pleading in English from a corporation, and the corporation would be responsible for the cost of the translation.

It should be noted that Bill 96 was introduced. It has not been adopted and the proposed measures are not currently in force. We will, of course, keep you informed of all developments and of the date of coming into force, if any, of each of these measures.

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