20210609-KPMG_Global-Canada_–_Changes_Proposed_to_Charter_on_French_Language_in_Québec_10页_273kb

Summary of GMS Flash Alert: Canada - Changes Proposed to Charter on French Language in Québec

Core Content

Bill 96, introduced on May 13, 2021, by Quebec's Minister of French Language, Simon Jolin-Barrette, proposes significant amendments to the Charter of the French Language (the Charter), which is a key piece of legislation protecting the French-speaking minority in Quebec and recognizing French as the official and common language of work, education, commerce, and business.

The primary focus of the proposed changes is on the education rights of dependent children of temporary foreign workers and international students. Under the current rules, these children are eligible for English-language public or subsidized education, provided their parents have valid temporary status in Quebec. However, Bill 96 would limit this exemption to a maximum of three years, after which children would be required to transition to French-language education, unless they fall under specific exceptions.

Main Points

• Bill 96 Overview:

  • Aims to reinforce the role of French as the official language in Quebec.
  • Introduces a three-year limit on English education for children of temporary foreign workers and international students.
  • Exemptions for children with learning disabilities or those in critical family/humanitarian situations remain unaffected.

• Impact on Temporary Foreign Workers:

  • The restriction on English education could discourage non-Francophone-speaking foreign talent from choosing Quebec as a temporary settlement.
  • It may lead to increased difficulty in attracting and retaining temporary foreign workers, especially in sectors with existing labor shortages exacerbated by the pandemic.
  • Combined with long processing times for permanent residency (up to 31 or 34 months under specific programs), this could make Quebec a less attractive option for foreign workers.

• Education Access for Children:

  • Children of temporary foreign workers and international students are currently allowed to study in English until secondary level.
  • After three years, they must transition to French-language education unless they qualify for exemptions.
  • The change could negatively affect their academic performance, increase dropout risks, and limit access to post-secondary programs of choice.

Key Considerations for Employers

• Proactive Planning:

  • Employers should discuss relocation options with non-Francophone employees early, especially if they plan to bring their children to Quebec.
  • Encouraging children to enroll in French immersion programs from the start can help them adapt to French education sooner.

• Alternative Education Plans:

  • Employers may consider a 3 + 1 or 3 + 2 model, where the first three years are in French public education, and the remaining years are in private English education.
  • Subsidizing private education could be an incentive for employees to accept longer-term assignments in Quebec.

• Employment Duration Limitation:

  • If the above options are not feasible, employers may consider limiting employment to three years in Quebec.
  • Work beyond three years could be conducted remotely or from another province to avoid the language barrier issue.

Other Key Proposals in Bill 96

• Employer Obligations:

  • Employers are required to ensure that job postings for the LMIA process and CAQ applications are published in French.
  • A legal presumption is introduced that employers are responsible for ensuring job positions do not require knowledge of languages other than French unless justified.

• Language Requirements in Job Offers:

  • Employment contracts can be in a language other than French if both employer and employee agree.
  • This provision allows for flexibility in contractual language, but the overall trend is to promote French as the dominant language in the workplace.

• Compliance for Large Employers:

  • Companies with 25 or more employees must register with the Office Québécois de la Langue Française.
  • They must also maintain records, approve, and monitor their francization programs.

Recommendations

• Employers and employees are advised to stay informed about the changes and consider their implications early in the relocation process.
• It is recommended to consult with qualified immigration counsel or KPMG Law LLP (Canada) team members for guidance on compliance and strategic planning.
• Public consultations are expected during the implementation of Bill 96, and KPMG will continue to monitor and provide updates on the law’s impact.

Conclusion

Bill 96 represents a significant shift in Quebec’s language policy, with far-reaching implications for temporary foreign workers, their families, and the Quebec economy. The three-year limit on English education for dependent children, combined with existing processing delays for permanent residency, could deter non-Francophone talent from settling in Quebec. Employers are advised to proactively plan for these changes to ensure continued attraction and retention of skilled workers in the province.