On May 4, 2016, the Government of Quebec published draft regulations proposing various amendments to the Charter of the French Language which would “ensure the presence of French when a trade mark in a language other than French is displayed outside.” Charities and not-for-profits operating in Quebec should take notice of these proposed amendments, as they will impose new obligations on organizations that do not currently display French language signage.
When a trade mark is displayed “outside an immovable” in a language other than French, a “sufficient presence of French” must accompany the trade-mark. 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.” As currently drafted, the definition of “outside an immovable” would apply to several situations, including signs displayed inside a shopping mall, and signs that are located inside a storefront, but intended to be seen from the outside.
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 trade-mark displayed and ensure its legibility in the same visual field as that mainly covered by the trade-mark signs or posters. For example, if the non-French trade-mark is illuminated at night, the French addition must also be illuminated at the same time.
The draft regulations will be under public consultation for a period of 45 days, i.e, until June 18, 2016. If the amendments come into force, they will apply to new signage, as well as pre-existing signage. However, in certain circumstances, including where a trade-mark is used outside of Quebec as part of a franchise system, organizations will have three years to comply with the legislation. Therefore, charities and not-for-profits operating in Quebec that publicly display trade-marks will need to carefully monitor the new requirements.