Consumers will ultimately pay the price for Quebec's new language rules, experts say
CBC
Quebec consumers will have fewer choices and be paying more for everything from coffee makers to washing machines if the government follows through with its revisions to the province's French language charter.
This is according to legal and industry experts who have told CBC News that the requirements published as a draft regulation in Quebec's Official Gazette on Jan. 10 are not economically feasible for companies big or small to comply with.
"These are requirements that are unique in the world," said Alexandre Fallon, a lawyer who specializes in business compliance with Quebec's Charter of the French Language.
"The calculus becomes: do I modify the design of my product and my product packaging for this relatively small market?"
The revisions to the French language charter are associated with Bill 96, designed by the Legault government to protect French. There are already concerns that the new regulations for signs could mean heavy costs to retailers. The minister in charge, Jean-François Roberge, is adamant that Quebec will go ahead with its program, despite any commercial downside.
Eliane Ellbogen, a lawyer and trademark agent, cites home appliances as an example. Typically ovens, dishwashers and refrigerators sold in Quebec have inscriptions emblazoned on them in English, but now buttons that say "bake," "rinse" or "temperature" will need to be in French, she said.
"For certain industries, it would not be commercially viable to comply," Ellbogen said.
"Essentially, it would be impossible to create a separate supply chain solely for the Quebec market because that market is so small compared to the general North American or European markets."
To top it off, there is no grace period for products with permanently embedded descriptions that are necessary for the use of the product. That means all items for sale in Quebec, online or in stores, will need to be compliant 15 days after the final regulation is published, she said. That could be anywhere from a couple months to a year from now.
Ellbogen said her Montreal law firm, Fasken, is considering challenging the draft regulation in court because it "severely restricts the way trademarks can be used on products, packaging, labelling, public signage and commercial advertising in Quebec."
She said she has clients who are considering leaving the Quebec market altogether.
When interviewed by CBC News, both Fallon and Melissa Tehrani, a partner with the international law firm Gowling WLG who specializes in advertising, marketing and regulatory compliance, said the same thing.
Embossed words, like those found on appliances or a car's dashboard, are currently exempt under Quebec's language charter as long as they don't concern safety, but that's all going to change if the government approves this draft regulation, Tehrani said.
"There are concerns among industry groups, particularly those in the appliance and electronics industry, that companies may withdraw from the Quebec market entirely," said Tehrani.
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