Federal language commissioner says Quebec workers erring on side of caution 'for fear of being penalized'
Canada's federal language commissioner is sounding an alarm about unintended consequences from Quebec's strengthened French-language laws, warning that health-care workers are avoiding English services due to confusion over what's allowed.
Raymond Théberge released a report Tuesday documenting how the strengthening of the Charter of the French Language through Bill 96, and the resulting guidelines, have caused confusion around enforcement of the right to be served in English in the health-care, business and community sectors.
"Some health-care workers still struggle to understand under what circumstances they can offer services to the public in English, so they choose to err on the side of caution with regard to their language obligations for fear of being penalized," he said, according to a report from the Montreal Gazette.
"Members of Quebec English-speaking communities risk being deprived of their right to obtain health care in English."
Directive on English language in Quebec
The confusion stems partly from 2024, when Quebec issued a directive that appeared to restrict English-language health services, initially requiring "historic anglophones" to provide certificates of eligibility. Following backlash, the Health Ministry revised the directive to clarify that anyone can receive services in English without certification.
The current context in Quebec remains challenging for the province's English-speaking minority, particularly in health and education, as federal government funding initiatives are often heavily scrutinised or even rejected, Théberge stated in his 20-page report, says the Montreal Gazette.
Théberge noted that organisations receiving more than 50% of provincial funding fall under provincial government jurisdiction, preventing them from entering federal agreements without Quebec ministerial approval. Federal funding intended to support vulnerable communities and provide employment assistance has been delayed, raising concerns among stakeholders that over $1 million in aid could lapse.
Penalties for non-compliant employers
Quebec passed Bill 96 An Act respecting French, the official and common language of Québec—now known as Law 14—in 2022. Under the legislation, any offer of employment, transfer or promotion by an employer must be drawn up in French. Also, French must be used in written communications, even after termination of the employment relationship, with staff or any association of workers representing staff. And any documents around conditions of employment, employment application forms and training must also be in French.
As a result, many businesses in the province have adjusted hiring practices for English-speaking candidates, with some stopping altogether, found a 2025 survey from the Comité consultatif des Québécoises et Québécois d'expression anglaise (CCQEA).
If employers fail to comply, the Office québécois de la langue française (OQLF) can issue a formal notice to comply with the Charter, according to the Canadian Federation of Independent Business (CFIB).
"If you fail to do so, it can order you to comply. If you violate an order from the OQLF, you may be subject to criminal penalties. Any recurrence results in a heavier fine. In the case of a legal entity (company), the adoption of Law 14 results in more significant sanctions," according to the CFIB:
For legal entities (companies):
- 1st violation: $3,000 to $30,000 per day
- 2nd violation: $6,000 to $60,000 per day
- 3rd violation: $9,000 to $90,000 per day
For natural persons:
- 1st violation: $1,400 to $14,000 per day
- 2nd violation: $2,800 to $28,000 per day
- 3rd violation: $4,200 to $42,000 per day