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Consumer & Retail Advisor

Tag Archives: Charter of the French Language

Retailers, It’s Time to Get Your French Touch

Posted in French, Legislation

As recently announced on November 3, 2016 by the Quebec Minister of Culture and Communications and Minister responsible for the Protection and Promotion of the French Language, Mr. Luc Fortin, the amendments to the Regulation respecting the language of commerce and business of the Charter of the French language (the “Regulation”) were published yesterday in the Gazette Officielle du Québec.

Pursuant to these amendments, a trade mark displayed outside a building only in a language other than French will now request a sufficient presence of French. The presence of French refers to a sign or poster with … Continue Reading

Modifications to the Regulation Respecting the Language of Commerce and Business of the Charter of the French language

Posted in French, Legislation

The Acting Minister of Culture and Communications, responsible for the Protection and Promotion of the French Language, Ms. Hélène David, presented yesterday the proposed modifications to the Regulation respecting the language of commerce and business of the Charter of the French language (the “Regulation”).

Background

 Historically, the rule from the Charter of the French language to the effect that public signs have to be in French (or in French and in another language provided that French is markedly predominant) benefited from what is known as the “trade-mark exception”, allowing trademarks to be used solely in English (or any other … Continue Reading

Government of Québec Proposes New Regulation For Retail Signage

Posted in Legislation, Retailing

As a response to the decision of Québec (Procureure générale) v. Magasins Best Buy ltée, 2015 QCCA 747 described in the post entitled “Québec Signage Issue – Appeal Dismissed from the Bench” posted on May 20th, 2015, the Government of Québec recently announced that it intends to bring forward a new regulation requiring companies with non-French names to add wording in French to their exterior signs.

The new regulation is set to be introduced this fall. Though details regarding the provisions of the regulation have yet to be specified, companies could be required to add a French slogan, … Continue Reading

Québec Signage Issue – Appeal Dismissed from the Bench

Posted in Branding, Legislation

In connection with the decision of Magasins Best Buy Ltée, Costco Wholesale Canada Ltd. et al v. Québec (Procureur général), 2014 QCCS 1427 described in the post entitled “Doing Business in Quebec: Does the Charter of the French Language Prevent the Use of Trade-Marks in Languages other than French in Signs, Posters and Advertising?” posted in April 2014, the Québec Court of Appeal recently concluded that the Charter of the French language (the “Charter”) does not allow the Office québécois de la langue française (“OQLF”) to require retailers to add a French descriptor … Continue Reading

Doing Business in Quebec: Does the Charter of the French Language Prevent the Use of Trade-Marks in Languages other than French in Signs, Posters and Advertising?

Posted in Branding, Legislation

Doing business in Quebec requires that enterprises pay particular attention to the requirements set out in the Charter of the French Language, R.S.Q., c. C-11 (commonly known as “Bill 101”, hereinafter referred to as the “Charter”), a statute adopted in 1977 with the purpose of enhancing the status of the French language in Quebec, in response to what was held to be a pressing and substantial concern — the survival of the French language. Contravention to the provisions of the Charter can expose one to penal proceedings and hefty fines (up to 40,000$, plus accounting for profits), … Continue Reading