In a message at the top of OtterBox’s homepage, the Colorado-based accessory maker says that “due to the French language requirements of Bill 96, we have temporarily suspended shipments to Quebec, Canada.” When users click a link for more information, they’re taken to a page where the company explains the move is because Bill 96, which became law on June 1, “requires French-language support at all sales touchpoints and marketing”. Telus add. Kianna Noonan, spokeswoman for Otter Products, said the company’s Canadian legal counsel has recommended that all shipments from the site to Quebec consumers be suspended while the new legislation is evaluated. “We are working hard to implement solutions that will allow us to resume shipping directly to consumers in Quebec,” Noonan said in an email. “In the meantime, we recommend that consumers find OtterBox products at Quebec-based retailers.” US-based Otterbox has stopped shipping to Quebec due to the province’s new language law. (CBC)
The law opens the window for consumers to sue companies
Bill 96, officially titled An Acting Respecting French, the official and common language of Quebec, amends various pieces of provincial legislation, including the Charter of the French Language (Bill 101) and affirms “that the only official language of Quebec is French”. . The CAQ government introduced it to strengthen protections for French, and it affects many aspects of life in the province, including health care, education, immigration and business. It was approved by the National Assembly in May and the provision on retailers serving customers in French came into force on 1 June. Under Bill 101, retailers operating in Quebec, including those operating online, were required to provide websites in French, but consumers who felt their language rights were being violated were limited to filing a complaint with the Bureau québécois de la langue française. Under Bill 96, however, consumers can take a company directly to court to get an injunction or potentially sue for damages if they believe their language rights are being violated.
Legal hedge companies
“It’s really this innovation, if you will … that’s causing a lot of companies to reassess the risk of doing business in Quebec,” said Alexandre Fallon, partner at corporate law firm Osler, Hoskin & Harcourt. Fallon says that revamping a company’s operations to be compliant, which includes developing a corresponding French version of their e-commerce site and providing French-language customer support, is simply not worth it for some companies. “Unfortunately, Quebec is not the biggest market in the world, so the cost of developing a French solution for their entire operation is quite an expensive proposition,” he said. Fallon says a consumer can sue in Quebec even if the company doesn’t have an establishment in the province, but noted that any judgment issued by a Quebec court would have to be recognized in the defendant’s jurisdiction to be enforced. He said while that probably wouldn’t be worth it for a single consumer, it could be more likely if a class action lawsuit were brought against a company. Under Bill 96, consumers can take a company directly to court to obtain injunctive relief or potentially sue for damages if they believe their language rights are being violated. (Sylvain Roy Roussel/CBC)
Potential opportunity for Quebec companies
Phil Kyprianou, president of Hubbvee Agency, which works with companies to build or expand their e-commerce businesses, says his Quebec-based clients haven’t been as affected by Bill 96 and the biggest problem is for them outside the province they want to enter the market. “You will definitely need to translate your website but also offer full quality customer service in French as well, which is not always easy,” especially for smaller companies, he said. The cost of a customer service representative can exceed $50,000 a year, Kyprianou said. But Kyprianou believes it’s important that customers are served the way they want, and what’s an obstacle for out-of-province companies could be a boon for Quebec companies that already operate in French. “We’ve seen it in the past when a big company decided not to move into the Quebec market, even if it had more attractive products,” he said, “And we’ve seen other businesses take their place.”
The Minister’s office stands behind the law
The CBC contacted the office of Quebec’s Minister of Justice and Minister responsible for the French language, Simon Jolin-Barrette, who introduced Bill 96. He declined an interview request, but issued a statement saying “The people of Quebec have the right to be served and informed in their language, French,” since 1977. The statement goes on to say that many international companies operate in Quebec and respect the requirements of the Charter of the French Language and that “serving Québécois customers in the official and common language can only be beneficial for companies that want to develop a market in Quebec. “ He also says that the OQLF is there to accompany businesses in their francization efforts. Bill 96 controversially includes the use of the derogation clause to protect the law from legal challenges that could argue that it contravenes the Quebec Charter of Human Rights and Freedoms and the Canadian Charter, although at least one case challenge specific provisions of the law before the courts.
