New Labeling Requirements for Quebec

7-1-2024

On June 29, 2024, the Quebec government published a new law, officially titled An Act respecting French, the official and common language of Quebec, formerly referred to as Bill 96. The new law requires extensive changes to labeling and signage. This publication follows a period of consultation with industry leaders and numerous interactions between Mission Canada, FAS/Canada, and Québec government officials to express industry’s concerns with the French language requirements. The law, which is Québec's latest amendment to the French language charter, introduces important requirements for the French translation of non-French trademarks on product packaging, labeling, public signage, posters, and commercial advertising. The law will come into force on June 1, 2025. The updated Regulation:

• Aligns the Regulation respecting the language of commerce and business with the Charter of the French language (the “Charter”) as modified by Bill 96^;
• Details circumstances under which trademarks may appear only in a language other than French on products, public signs, posters, and commercial advertising;
• Clarifies the rules for displaying trademarks and other texts on public signs and in advertising, including the requirement for French to be “markedly predominant” on exterior signs;
• Aids in the application of the Charter with respect to commercial advertising and contracts of adhesion.

The Québec government is expected to publish a second set of regulations covering permanent inscriptions on products and embedded software, the draft amendments of which were met with resistance in January.

What changes need to know:

Exception for “Recognized Trademarks”

Bill 96 had modified the Charter to limit the exception for using a non-French trademark on products to allow only registered trademarks to appear on a product exclusively in a language other than French. The draft had expanded this exception for products to include marks pending registration This amendment was met with criticism by the business community.

The final Regulation resolves this by re-introducing an exemption for “recognized trademarks.” These trademarks, whether registered or not, may appear on products without a French translation if no French version appears on the register.

This reconciles the Charter with the common reality of trademarks that are “recognized” under the federal Trademarks Act, i.e. common law marks, yet unregistered.

Clarification of “Description” and “Generic Term”

Starting June 2025, the Charter will require that any generic term or product description included within a trademark be translated into French and displayed permanently on the product or its packaging.

The final Regulation defines the terms “description” and “generic term” as follows:

• a description refers to one or more words describing the characteristics of a product, excluding the name of the enterprise and the name of the product as sold;
• a generic term refers to one or more words describing the nature of a product, excluding the name of the enterprise and the name of the product as sold;
• designations of origin and distinctive names of a cultural nature are not considered a description or a generic term.

Grace Period to June 1, 2027

The draft regulation allowed a grace period, permitting the sale until June 1, 2027 of non-compliant products manufactured before June 1, 2025.

This grace period remains in place and is now broadened to include products made between June 1, 2025 and December 31, 2025, that fall under new federal labeling standards as per the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils) and the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods).

For regulation changes in English, please click on link.