Federal Post
Use of French in Federally Regulated Private Businesses
Date: April 29, 2026
On April 15, 2026, the Government of Canada announced that it had tabled draft regulations under the Use of French in Federally Regulated Private Businesses Act (Act). Although the draft regulations have not yet been publicly released, the Government published a Description of the Proposed Regulations, which forms the basis of this summary.
The Act was enacted in June 2023 as part of Bill C‑13 but is not yet in force. It will be brought into force by order of the Governor in Council, together with the regulations.
We provide details of the regime below.
Application of the Act
The Act applies to federally regulated private businesses (FRPB) operating:
- in Quebec
- in designated regions with a strong Francophone presence (RSFP) elsewhere in Canada
Employee thresholds
The Act will apply to FRPBs when they have a minimum number of employees:
- Quebec: 25 or more employees in the province
- RSFPs: 100 or more employees nationally
Employee counts are assessed as of January 1 of the preceding year.
Designation of RSFPs
Outside Quebec, the Act applies only in regions designated by regulation. RSFPs would be identified using 2021 Census data and consultations, based on potential demand for French‑language services and workforce capacity. A region would qualify if it meets any one of the following demographic criteria:
- Province/territory: ≥20% potential demand
- Statistics Canada census division: ≥20% potential demand
- Urban census tract: ≥10% potential demand (minimum 1,000 residents) within a metropolitan area with at least 30,000 Francophones
If a broader criterion is met, narrower criteria are not applied.
Quebec: Choice of Language Regime
In Quebec, FRPBs may elect to comply with either:
- the federal regime under the Act, or
- the provincial regime under Quebec’s Charter of the French Language (Charter)
FRPBs opting for the Charter must notify the Minister of Canadian Heritage (Minister) in writing.
Registration and Reporting
FRPBs governed by the Act in Quebec would be required to:
- submit an initial declaration to the Minister with prescribed operational information
- confirm or update that information annually
Compliance would result in an annual certificate of registration.
New Brunswick businesses would be exempt, since the entire province would be designated an RSFP.
Communications and Services Rights
Consumers in Quebec and RSFPs would have the right to communicate with and receive services from FRPBs operating in that region in French, orally and in writing. Businesses must actively inform consumers that French services are available. Use of English or other languages would remain permitted where offered.
In Quebec, French must be markedly predominant on bilingual commercial signage.
For passenger transportation, these rights would apply to domestic routes by air, rail, coach or ferry that originate or terminate in Quebec or an RSFP. International routes would be excluded.
Language of Work Rights
Employees working in Quebec or an RSFP would have the right to:
- work and be supervised in French
- receive key employment documents and communications in French
Mutual agreements to use another language would remain permitted. Employee would be defined broadly to include employer representatives, and persons performing activities for an employer primarily for the purpose of acquiring knowledge or experience, and temporary agency workers.
Means of transportation would be excluded from the definition of workplace.
Committees for the Fostering of French
Certain FRPBs would be required to establish a committee for the fostering of French in the workplace:
- Quebec: FRPBs with 100 or more employees in the province
- RSFPs: FRPBs with 100 or more employees across RSFPs and 500 or more nationally
Committees must be established within six months, meet at least twice annually, and produce a report at least once every three years. Records must be retained for 12 years. Existing francization committees under Quebec’s Charter may satisfy these requirements in RSFPs.
In developing language measures, committees must account for employees nearing retirement, employees with at least 20 years of employment with the same employer, and those with long‑term or recurring physical, mental or learning impairments that may, despite accommodation, impede learning French.
Additional reporting obligations would apply in Quebec in connection with certification of the generalization of French use.
Exemptions
The regime would include exemptions aligned with Quebec’s Charter, including for:
- Indigenous governments, organizations, and controlled entities
- activities and workplaces in Indigenous territories
- businesses registered as Indigenous businesses under recognized treaties
Additional exemptions would apply to:
- activities relating exclusively to non‑French cultural property
- FRPBs engaged exclusively in international business where a non‑French language predominates
- workplaces governed by research protocols or international standards requiring another language
Businesses relying on these exemptions must notify the Minister initially and every five years.
Review
The regulations would be subject to the same 10‑year statutory review as the Act.
Key Takeaways
The tabling of the draft regulations signals that compliance obligations are moving closer. However, the impact will be restricted to federally regulated employers meeting employee thresholds and operating in Quebec or specifically designated Francophone regions.
To reduce disruption and avoid compressed compliance timelines once the regime is proclaimed in force, covered employers should plan early by taking the time now to map their workforce size, geographic footprint, language practices, and existing governance structures.
For further information, please contact your Hicks Morley lawyer.
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