French-language requirement for Quebec franchise contracts
Under section 55 of Quebec’s Charter of the French language, a contract pre-determined by one party, and its related documents, must be drawn up in French. The parties may be bound only by a version in another language if, after the French version has been remitted, that is their express wish.
A Quebec franchisee or franchisor meets this term when the franchisor presents a standard-form agreement in English. The Charter does not use the word franchise, The Office québécois de la langue française describes contracts of adhesion as contracts whose essential clauses are imposed by one party and cannot be freely negotiated, so whether a given franchise agreement is one depends on how its terms were set.
What section 55 says
No party may make the other adhere to a contract of adhesion drawn up in a language other than French unless the French version has been given to that party and the party has explicitly expressed willingness. A party may not require a sum for drawing up the French version. Its first paragraph does not apply to listed contracts, including contracts of employment and contracts used in relations with persons outside Québec; apart from employment contracts, those must still be in French unless the parties expressly wish another language.
What the Office says
The Office québécois de la langue française says handing over a bilingual contract, or French and another-language versions at the same time, is acceptable, but French must appear at least as prominently as any other language. It adds that if the two versions differ in content, the adhering party may rely on either one.
What to ask
- When the French version was given, and whether the choice of another language was express
- Which related documents, such as manuals, also exist in French
See what franchise laws apply in Quebec and contract of adhesion (Quebec franchise).
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Éditeur officiel du QuébecGovernmentC-11 - Charter of the French language
- 02Office québécois de la langue françaiseGovernmentEntreprises : contrats d’adhésion
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