Further to the update in our September newsletter, a CA delegation met with Quebec government officials on September 15 to seek clarifications regarding Bill 96 – An Act respecting French, the official and common language of Québec. The June 1 passage of the bill, which modifies The Charter of the French Language in several ways, has led to a host of questions as to its applicability to consumer product labels and how it will be implemented including time. Of particular concern is the time required to make and have registered with the Federal government any trademark changes that may be required.
A CA delegation including members Jacques Perusse (Sovanic), Francois Roberge (L’Oreal), and Nathalie Voyer (P&G), along with CA’s Beta Montemayor and Phillipe Gervais (retained firm Navigator based in Montreal), outlined industry’s concerns regarding jurisdictional matters (i.e. federal government governs trademark registry while Quebec government governs language laws) and the implications for consumer product labels. They stressed the need for certainty and consistency in what is being required and that compliance decisions and enforcement actions must not be arbitrary and subjective depending on the individual inspector. Our delegation also asked that sufficient time and flexibility be granted regarding the implementation and enforcement of the applicable provisions under Bill-96 so as to not disrupt the supply chain.
Overall, the meeting was very positive. Quebec officials assured the group that the Bill is not intended to impact trademarks but to ensure that French-speaking consumers have the benefit somewhere on a product label of a suitable French description of any English-only descriptive words within a trademark. They also expressed interest in working with industry, including our delegation, on guidance documents related to implementation and enforcement.
CA will continue to keep members informed of developments and will be working on organizing a webinar on compliance with Bill-96 once more details are known.
