Breaking down the key points of Bill 96
Called An Act Respecting French, the Official and Common Language of Quebec, Bill 96 proposes to strengthen Bill 101, the French-language charter, which was first introduced in 1977.
Here are the main points of the bill:
THE NOTWITHSTANDING CLAUSE
Among the most contentious points of the bill is that it sets aside basic rights of equality guaranteed in the charters of rights and freedoms of both Canada and Quebec, which means that those who feel their rights are infringed will not be able to use the overridden articles of the charter to challenge it.
IMMIGRANTS HAVE SIX MONTHS TO LEARN FRENCH
The law states that agencies of the government can provide services in a language other than French to immigrants coming to Quebec, but only for the first six months after their arrival.
HISTORIC ANGLOPHONES
Services in English will be restricted to those who are eligible to attend English school in the province, or to those who attended English school in Canada outside Quebec.
LANGUAGE WATCHDOG POWERS AND SMALL BUSINESSES
The law extends the language charter to small businesses with 25 or more employees, when the previous threshold was 50 employees. The Office québécois de la langue française would also be granted powers of search and seizure without needing a warrant to inspect businesses and ensure they are complying with the law.
A NEW FRENCH-LANGUAGE MINISTER
A minister responsible for the French language would be in charge of ensuring compliance with the law. Among the minister's powers would be to withhold grants or subsidies promised to municipalities if there is a suspicion they have not complied with the French-language charter.
LAW AND CONTRACTS
Business contracts must be drawn up in French, and if there are versions of a contract in two languages, the French will take priority if there is a discrepancy. A company's pleadings in court will have to be in French, or translated into French. All judgments in court will be in French or translated into French, and judges will no longer need to be bilingual.
SERVICES IN FRENCH
Services to the public must be provided in French, and employees must not be required to speak English unless a company has demonstrated that it is essential for an employee's job, and that the company has done all it can to avoid a requirement to speak a language other than French. The bill also makes it easier for those who aren't served in French or employees who feel their right to communicate in French was violated to make complaints.
CEGEP ACCESS AND NEW REQUIREMENTS
The total number of students allowed in English-language CEGEPS would be capped at 17.5 per cent of the total provincial CEGEP population, and access to English-language programs in French CEGEPS would be reduced.
Mandatory French-language exams that students must pass in order to graduate from French CEGEPS would be extended to francophones and allophones studying at English CEGEPS.
Students in English CEGEPS would be required to take three of their core courses in French. Anglophone students in English CEGEPS, however, would have the option of taking three language courses in French or a total of five French-language instruction courses.
For students in elementary or high school, the government is putting a cap of three years on the number of years children of foreign temporary workers or foreign students can attend school in English.