Bill 104, Quebec

One of the most important changes made was the modification of the criteria for a child's eligibility to attend a publicly funded English-language school.

This reorganization led to the creation of the Office québécois de la langue française (OQLF), In English Quebec Board of the French Language.

In June 2000, PQ Minister Louise Beaudoin announced the Estates-General on the Situation and Future of the French Language in Quebec.

(private or public)[Note 3] One of the law's most important measures is the amendment of section 73 of the Charter of the French Language.

[7] To determine whether a child is part of the English-speaking minority entitled to subsidized English-language schools, the Charter of the French Language establishes certain criteria (see table opposite).

Bill 104 was presented to the National Assembly of Quebec by Diane Lemieux, Minister responsible for the application of the Charter of the French Language, on May 7, 2002.

[19][20] During the vote to pass the bill, Liberal MP Benoît Pelletier supported the government's desire to protect the French language: "This absence of quarrelling, so to speak, is what we call linguistic peace.

We in the Official Opposition are delighted with it, and our goal, Mr. Chairman, is to preserve linguistic peace and to continue in this kind of atmosphere that is extremely favorable to dialogue between the French-speaking majority and the English-speaking minority in Quebec.

Even today, this achievement remains fragile, as some people relentlessly challenge the principle of French-language schooling in Quebec.3The bill amends section 73 of the Charter of the French Language[23] in two ways.

[26] Similarly, when the bill was passed, there was some debate as to whether the siblings of a child subject to special authorization could attend a subsidized school with him or her.

Several groups in parliamentary commission had criticized the government's position of not allowing siblings to attend the same school when one of them benefited from a special authorization.

[27] The Liberal Party supported this request[18][28] and the Minister decided to amend her bill to allow siblings to attend the same school as the child benefiting from special authorization.

[10] The AEPQ proposed that the government amend the bill to exclude only students attending unsubsidized private schools for less than three years.

[30] In the Association's view, this measure would have targeted legislative intervention solely at children making a short stay simply to buy the right to attend an English school.

[33] According to the Court, Section 23 of the Canadian Charter of Rights and Freedoms obliges Quebec to offer primary and secondary education in English to the English-speaking minority.

The government had to take into account the child's entire background to determine whether or not they would have access to the subsidized English school.

The government presented the Act to amend the Charter of the French language and other legislative provisions (Bill 103) to the National Assembly.

The government introduced this bill four days before the end of the deadline given by the Supreme Court to amend the Charter of the French Language.

Secondly, it inherits the function of linguistic and terminological formalization formerly attributed to the Office de la langue française.

Official Opposition spokesman on the Charter of the French Language, Pierre-Étienne Laporte, pointed out that the missions of monitoring the linguistic situation and implementing policies would be carried out by the same organization, the OQLF.

Sociologist Guy Rocher criticized the government for removing the research mandate from the Conseil de la langue française.

In addition, Rocher denounced the conflict of interest created within the Office and the influence that the Minister will be able to exert, losing the independence that the Conseil de la langue française had.

[29] A number of personalities involved in Quebec toponymy argued that the commission's operations were a model on the international stage, notably because of its great independence.

[52] A number of toponymists, including geographer Jean-Marie Dubois, were at a loss to understand the reasons for changing the organization of an institution that, in their view, was working very well.

[60] This situation was denounced by the Mouvement Montréal français, which in 2007 asked Minister Christine St-Pierre to implement the amendment.

[62] The Act also amends a number of provisions of the Charter of the French Language concerning the francization of Quebec companies.

[64] The Liberal spokesman criticized this measure, pointing out that it's not just by reducing the deadline that companies will automatically be able to produce the plans more quickly.

[67] The law also provides protection for employees who take part in such committees, notably against wage cuts or any form of discrimination by the employer.

[69][70] In addition, the Conseil québécois du commerce de détail (CQDC) was dissatisfied with the reduction in the deadline for producing a francization plan.

[69] Union groups were satisfied with the measures, but criticized the government for not doing more about organizational support for francization committees and companies with fewer than 50 employees.

Diagram illustrating the transfer of responsibilities following Bill 104. See explanation in text.
Diagram illustrating the transfer of responsibilities following Bill 104.
Photograph of the Camille-Laurin building, headquarters of the Office québécois de la langue française in Montreal.
Camille-Laurin Building, headquarters of the Office québécois de la langue française , in Montreal .