Law 14

New Bill 96 signage, packaging laws now in effect

By Joel Goldenberg
The Suburban

Bill 96, now Law 14, French-language provisions regarding commercial signs and packaging are now in effect.The provisions include:

• “A business name that contains a specific (store name) in a language other than French and that appears in a display visible from outside a premises must be accompanied by terms in French – such as a generic, a description or a slogan – that will ensure a clear predominance of French. The same applies to a recognized trademark that is entirely or partially in a language other than French and that appears in a display visible from outside a premises. A display visible from outside a premises is a display that can be seen: from outside a space, whether enclosed or not; · on a building or group of buildings; · inside a shopping centre; ·on a terminal or any other independent structure, including a pylon sign.”

The Quebec government has provided examples of what does and does not comply with the new provisions — the description of the enterprise and its English name cannot be equal in size, the description can be larger than the store name, the store name can be the same size as the French descriptor and a French slogan; and several French descriptors can be the same size as the English store name.

• “Trademarks may be written in whole or in part only in a language other than French if no French version of these trademarks has been registered with the Canadian Intellectual Property Office (CIPO). If there is a French version of the trademark registered with CIPO, this French version must be displayed both inside and outside premises. A business that displays the French version of its business name or trademark and the version in a language other than French at the same time must ensure that, in the same field of vision, the rule of clear predominance of French is respected throughout the display.”

• The government further explains that the clear predominance of French is not required in the display of a business name or trademark when this display is “inside a premises and cannot be seen from the outside; is on a vehicle; is on a terminal or any other independent structure, including a pylon sign type, which includes more than two business names or trademarks. However, the business name must always be accompanied by a generic term in French.”

In terms of products, such descriptors as ingredients, colour, fragrances “must also appear in French on the product or on a medium permanently associated with it. The name under which the product is marketed and the name of the company may remain only in another language.” From what we’ve seen, most products sold in Canadian stores have bilingual descriptions.

• There is also a two-year transition period: “Until June 1, 2027, a product bearing a trademark that contains a generic or descriptive term only in a language other than French, or that contains a generic or descriptive term only part of which is only in a language other than French, may be marketed if it: was manufactured before June 1, 2025, and no French version of the trademark has been filed as of June 26, 2024; or was manufactured between June 1, 2025, and December 31, 2025, and is subject to the new labelling standards set out in the Regulations Amending the Food and Drug Regulations.”

Fines range from $3,000 to $30,000 a day of there is non-compliance after a written warning from the OQLF to follow the law. n

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French laws hamper Heritage College’s expansion

By Trevor Greenway

Every school year staff at Heritage College take a “calculated risk” when enrolling students into classes to avoid hefty fines from the province, says its new director-general. 

Bill 96 – now Law 14, the province’s overhaul of the Charter of the French Language, passed in 2022 – places enrollment caps on English CEGEPS across the province, preventing schools like Heritage College from expanding its programs and growing its student population. 

Heritage College is capped at 1,198 students, and if the college accepts between one and 50 additional students, they face a $7,000 fine from the province. However, if they go over by 50 or more additional students, the fine doubles to $14,000 per student. 

“So you really have to be careful, right? Because you can’t let somebody in and then tell them that they can’t study here,” said Heritage College’s new director-general Lisa Peldjak. 

She explained the college’s dilemma under Bill 96: “You never know from one year to the next. It’s a calculated risk to think about how many students are going to stay on another year. How many are going to leave after that first year so you have an idea how many you can admit? And then, between the time they accept their letter of admission to the first day of class, how many do we historically lose? And then we are hoping that we’ve done the right calculation to be as close to that cap as possible.”

The enrollment caps have been a major barrier to the College’s growth, Peldjak said, as enrollment numbers used to be around $1,500 pre-Bill 96 – and growing. This allowed Heritage to grow in the past, adding programs like women’s hockey and ultimate frisbee. But the caps have stifled future growth, she said, as the fear of additional French classes for students made Ontario students initially reluctant to cross the river. 

Peldjak said the school has done a good job of sending the message that anglophone students are welcome at Heritage College. 

“There were students who were afraid of coming here, especially that first year – the francophones, the non-certificate holders, because there was a misunderstanding that they weren’t allowed to come here or how many French courses they have to take,” explained Peldjak. “But this year we had even more from the anglophone population. Once that first group went through, they were talking with friends and realizing it’s not detrimental to their successes.”

New cohort more prepared than COVID kids

Director-general Peldjak told the Low Down that the wave of new students entering Heritage College this year is far more prepared than the past few years of students who were feeling the effects of the COVID-19 pandemic and years of virtual learning. 

However, this new crop of students were in elementary school when COVID was at its peak, and while they lost some social time with their friends, they didn’t lose the full high-school experience that prepares teenagers for college. 

“They had more of their experience in high school and not that online component,” said Peldjak, adding that the school broke a record for the number of students who attended orientation day this year. “They seem to be more well-adjusted and not as dependent on waiting to be told what to do or where to go or being guided in every single direction. They seem very comfortable here; smiling faces – just the overall vibe between the students, the faculty coming back, the vibe has been great.”

Peldjak said she is a firm believer on day one of school being a positive experience, as that lays the foundation for a successful academic year. She said she understands that the “fear of the unknown can be crippling,” and the school does everything it can to make students feel comfortable and safe during the entire year but especially during that first week. 

Budget cuts hurt colleges

In June of this year, Quebec’s Education Ministry announced that it was cutting $150 million in funding for Quebec’s 48 CEGEPs – money that has forced Heritage College to cut contract workers. Peldjak said the school eliminated up to six contract positions but was able to keep all permanent staff employed through the cuts. 

“The $150 million cuts in post secondary education, the student cap, the capping of our total hours worked, as well as the recruitment freeze, has had significant impacts in services, some more than others. We can’t control that – it is our regional reality,” she said, continuing, “So [we’re] making sure that whatever it is that [students] need to be successful moving forward [they have], even in spite of the budget cuts.”

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