On November 3, 2016, the Government of Quebec announced that the amendments to the regulations under the Charter of the French Language which seek to ensure the presence of the French language in a trademark will come into force on November 24, 2016.
As such, all new signage installed on or after this date must be in compliance with the new rules. Existing signage will need to be brought into compliance by November 24, 2019. As previously reported in the May 2016 Charity & NFP Law Update, these new rules will impact charities and not-for-profits in Quebec that display non-French trademarks. When a trademark is displayed “outside an immovable” in a language other than French, a “sufficient presence of French” must accompany the trademark. This requirement may be accomplished by including (1) a generic term or a description of the products or services concerned; (2) a slogan; (3) any other term or indication, favouring the display of information pertaining to the products or services to the benefit of consumers or persons frequenting the site. Further, with regard to the “sufficient presence of French” requirement, signs or posters must also give the French portion permanent visibility, similar to that of the non-French trademark displayed and ensure its legibility in the same visual field as that mainly covered by the trademark signs or posters. For example, if the non-French trademark is illuminated at night, the French addition must also be illuminated at the same time.
The Office québécois de la langue française has published a French illustrative guide to assist organizations understand the new rules. Charities and not-for-profits operating in Quebec should take notice of these new rules, as they impose new obligations on organizations that do not currently display French language signage.