This document has official status.
Charter of the French Language (Bill 101)
PREAMBLE
WHEREAS the French language, the distinctive language of a people that is in the majority French-speaking, is the instrument by which that people has articulated its identity;
Whereas the National Assembly of Québec recognizes that Quebecers wish to see the quality and influence of the French language assured, and is resolved therefore to make of French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce and business; (FAILED)
Whereas the National Assembly intends to pursue this objective in a spirit of fairness and open-mindedness, respectful of the institutions of the English-speaking community of Québec, and respectful of the ethnic minorities, whose valuable contribution to the development of Québec it readily acknowledges; (FAILED)
Whereas the National Assembly of Québec recognizes the right of the Amerinds and the Inuit of Québec, the first inhabitants of this land, to preserve and develop their original language and culture; (INTERESTING DISTINCTION ALLOWING AN EXCEPTION FOR ONE FOUNDING NATION WHILE EXCLUDING ANOTHER)
Whereas these observations and intentions are in keeping with a new perception of the worth of national cultures in all parts of the earth, and of the obligation of every people to contribute in its special way to the international community; (THIS IS BEYONE COMMENT)
CHAPTER VIII
THE LANGUAGE OF INSTRUCTION
THE LANGUAGE OF INSTRUCTION
72. Instruction in the kindergarten classes and in the elementary and secondary schools shall be in French, except where this chapter allows otherwise.
This rule obtains in school bodies within the meaning of the Schedule and in private educational institutions accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1) with respect to the educational services covered by an accreditation.
Nothing in this section shall preclude instruction in English to foster the learning thereof, in accordance with the formalities and on the conditions prescribed in the basic school regulations established by the Government under section 447 of the Education Act (chapter I-13.3).
1977, c. 5, s. 72; 1992, c. 68, s. 138; 1993, c. 40, s. 23.
73. The following children, at the request of one of their parents, may receive instruction in English:
(1) a child whose father or mother is a Canadian citizen and received elementary instruction in English in Canada, provided that that instruction constitutes the major part of the elementary instruction he or she received in Canada;
(2) a child whose father or mother is a Canadian citizen and who has received or is receiving elementary or secondary instruction in English in Canada, and the brothers and sisters of that child, provided that that instruction constitutes the major part of the elementary or secondary instruction received by the child in Canada;
78.1. No person may permit or tolerate a child's receiving instruction in English if he is ineligible
therefor. (TOLERATE - REALLY ???)
78.2. No person may set up or operate a private educational institution or change how instruction is organized, priced or dispensed in order to circumvent section 72 or other provisions of this chapter governing eligibility to receive instruction in English. ( NO PRIVATE INSTITUTION)
It is prohibited, in particular, to operate a private educational institution principally for the purpose of making children eligible for instruction in English who would otherwise not be admitted to a school of an English school board or to a private English-language educational institution accredited for the purposes of subsidies under the Act respecting private education (chapter E-9.1).
2010, c. 23, s. 5.
79. A school body not already giving instruction in English in its schools is not required to introduce it and shall not introduce it without express and prior authorization of the Minister of Education, Recreation and Sports. (IS NOT REQUIRED AND SHALL NOT - WHAT HAPPENED TO 'NOTHING SHALL PRECLUDE ... )87. Nothing in this Act prevents the use of an Amerindic language in providing instruction to the Amerinds, or of Inuktitut in providing instruction to the Inuit. (HOW VERY CIVIL - DISCRIMINATION IS NOT ALL ENCOMPASSING BUT SELCTIVE)
1977, c. 5, s. 87; 1983, c. 56, s. 21.
CHAPTER IX
MISCELLANEOUS
MISCELLANEOUS
89. Where this Act does not require the use of the official language exclusively, the official language and another language may be used together. (IS THERE ANYTHING NOT COVERED HERE ? )
1977, c. 5, s. 89.
DID YOU EVER WONDER WHY SO MANY THINGS ARE NOT AVAILABE IN QUEBEC AND
WHY QUEBEC IS SO OFTEN EXCLUDED FROM THE FREE TRADE ENJOYED BY THE REST OF CANADA
TITLE V
PENAL PROVISIONS AND OTHER SANCTIONS
PENAL PROVISIONS AND OTHER SANCTIONS
205. Every person who contravenes a provision of this Act or the regulations adopted by the Government thereunder commits an offence and is liable
(a) to a fine of $600 to $6,000 in the case of a natural person;
(b) to a fine of $1,500 to $20,000 in the case of a legal person.
The fines are doubled for a subsequent offence.
In determining the amount of a fine, the judge takes into account, among other things, the revenues and other benefits the offender derived from the offence and any damages and socio-economic consequences that resulted from the offence.
Moreover, if a person is convicted of an offence under this Act, a judge may, on an application made by the prosecutor and submitted with the statement of offence, impose on the offender, in addition to any other penalty, a further fine equal to the financial gain the offender realized or derived from the offence, even if the maximum fine has also been imposed.
1977, c. 5, s. 205, s. 14; 1986, c. 58, s. 15; 1990, c. 4, s. 128; 1991, c. 33, s. 18; 1993, c. 40, s. 59; 1997, c. 24, s. 21; 2010, c. 23, s. 9.
205.1. Every person who contravenes any of the provisions of sections 51 to 54 by distributing, selling by retail sale, renting, offering for sale or rental or otherwise marketing, for consideration or free of charge, or by possessing for such purposes,
(1) a product, if the inscriptions on the product, on its container or wrapping, or on a document or object supplied with it, including the directions for use and the warranty certificates, are not in conformity with the provisions of this Charter,
(2) computer software, including game software and operating systems, or a game or toy that is not in conformity with the provisions of this Charter, or
(3) a publication that is not in conformity with the provisions of this Charter,
commits an offence and is liable to the fines provided for in section 205.
The operator of an establishment where menus or wine lists that are not in conformity with the provisions of section 51 are presented to the public also commits an offence and is liable to the fines provided for in section 205.
The burden of proof concerning the exceptions provided for in sections 52.1 and 54, or pursuant to section 54.1, lies with the person who invokes the exceptions.
1997, c. 24, s.
IF YOU LOOK AT THE COMPLETE DOCUMENT - IT IS FRIGHTENING TO SEE ALL OF THE ITEMS THAT WERE 'REPEALLED - THE INTENTION WAS TO GO MUCH FURTHER THAN THIS
