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Bill C-238

44th Parl. 1st Sess.
September 28, 2022
An Act respecting the French language
  • Bill C-238 is an Act that aims to ensure consistency between federal laws and the Charter of the French Language in Quebec. It specifically amends the Canada Labour Code, the Official Languages Act, the Canada Business Corporations Act, and the Citizenship Act. The amendments to the Canada Labour Code clarify that any federal work, undertaking, or business operating in Quebec must adhere to the requirements of the Charter of the French Language. The amendments to the Official Languages Act recognize that French is the official language of Quebec and the common language in the province. They also outline the duty of federal institutions to take positive measures for the implementation of the Charter of the French Language in Quebec. The amendments to the Canada Business Corporations Act state that the name of a corporation carrying on business in Quebec must meet the requirements of the Charter of the French Language. Lastly, the
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First Session, Forty-fourth Parliament,
70-71 Elizabeth II, 2021-2022
HOUSE OF COMMONS OF CANADA
BILL C-238
An Act respecting the French language
FIRST READING, February 7, 2022
Ms. DeBellefeuille
441114


SUMMARY

This enactment amends the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act to ensure that these Acts are consistent with the Charter of the French Language in Quebec.
It also amends the Citizenship Act to require that permanent residents who ordinarily reside in Quebec must have an adequate knowledge of French in order to obtain citizenship.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,
70-71 Elizabeth II, 2021-2022
HOUSE OF COMMONS OF CANADA
BILL C-238
An Act respecting the French language
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. L-2

Canada Labour Code

1 The Canada Labour Code is amended by adding the following after section 4:
Clarification — Quebec
Start of inserted block
4.‍1 Any federal work, undertaking or business operating in Quebec is subject to the requirements of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11.
End of inserted block
R.‍S.‍, c. 31 (4th Supp.‍)

Official Languages Act

2 The preamble of the Official Languages Act is amended by adding the following after the last paragraph:
Start of inserted block
AND WHEREAS the Government of Canada recognizes that French is the official language of Quebec and the common language in Quebec;
End of inserted block
3 Subsection 41(2) of the Act is replaced by the following:
Undertaking
Start of inserted block
(1.‍1) The Government of Canada undertakes not to obstruct the application in Quebec of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11.
End of inserted block
Duty of federal institutions
(2) Every federal institution has the duty to ensure that positive measures are taken for the implementation of the commitments Insertion start and undertaking under subsections (1) and (1.‍1), respectively Insertion end . For greater certainty, Insertion start the Insertion end implementation shall be Insertion start consistent with Insertion end the jurisdiction and powers of the provinces Insertion start and in particular, in Quebec, with the Charter of the French Language, R.‍S.‍Q.‍, c. C-11 Insertion end .
4 Section 43 of the Act is amended by adding the following after subsection (1):
Implementation in Quebec
Start of inserted block
(1.‍1) Any measure referred to in subsection (1) shall be implemented, in Quebec, in a manner that is consistent with the objectives of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11.
End of inserted block
5 Section 55 of the Act is renumbered as subsection 55(1) and is amended by adding the following:
Quebec
Start of inserted block
(2) In Quebec, the Commissioner shall carry out those duties and functions in a manner that does not obstruct the application of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11.
End of inserted block
R.‍S.‍, c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

6 Section 10 of the Canada Business Corporations Act is amended by adding the following after subsection (3):
Exception
Start of inserted block
(3.‍1) Despite subsection (3), the name of a corporation that carries on business in the Province of Quebec shall meet the requirements of the Charter of the French Language, R.‍S.‍Q.‍, c. C-11.
End of inserted block
R.‍‍S.‍‍, c. C-29

Citizenship Act

7 Paragraphs 5(1)‍(d) and (e) of the Citizenship Act are replaced by the following:
(d) if 18 years of age or more but less than Insertion start 65 Insertion end years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada, Insertion start unless the person ordinarily resides in Quebec, in which case he or she must have an adequate knowledge of French Insertion end ;
(e) if 18 years of age or more but less than Insertion start 65 Insertion end years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, Insertion start unless the person ordinarily resides in Quebec, in which case he or she must demonstrate that knowledge in French Insertion end ; and
Published under authority of the Speaker of the House of Commons