5 Key Takeaways from Bill 96: Impact on Contractual Law Webinar

Bill 96 was passed nearly nine months ago (June 2022), yet many businesses still are unclear as to how the legislation impacts contracts and customer communications. This challenge can result in very significant challenges or penalties for any company.

To help organizations better adapt to the legislative changes, Alexa Translations launched the Bill 96 Content Hub, including a series of webinars featuring industry professionals that offered important insights and advice.

In this webinar, Gary Kalaci, the CEO and Founder of Alexa Translations talks to André de Maurivez, the Senior Counsel for CIBC, and Keyvan Nassiry, Founder of Nassiry Law, about the impact of Bill 96 on contractual law.

If you did not catch the live webinar, here are 5 key takeaways from the discussion.

1. Changes in Contracts

In the past, contract law had been largely unaffected by changes to language legislation, mainly because both parties could add a clause about the language they wished to contract in.

That will no longer be the case. From June 1st, 2023, any contract that is predetermined (contract of adhesion) by one party must be presented to the party in Quebec in French.

Translations will become increasingly important as any organization dealing with Quebec parties will have to present them in French-Canadian or run the risk of non-compliance with Bill 96, which could result in penalties.

2. There Are No Explicit Exceptions for B2B Contracts

Throughout last year, it was reported that B2B (business-to-business) contracts would not be affected by these legislative changes, as the Quebec government does not want to hinder trade.

However, based on the analysis of top lawyers, there is no exception in the new rule changes for B2B contracts. There is a chance that an exception will be made going forward, though that has yet to happen.

As a result, it is important for businesses to ensure that they include French translations for all B2B contracts.

3. An Informal Transition Period is Expected

While businesses are expected to comply with the law starting from June 1st, 2023, it is unlikely that the government is going to start “cracking the whip” anytime soon, according to André de Maurivez.

However, going into 2024, businesses can expect some pushback if they fail to comply with the laws. To prevent any complications later on, businesses may want to consider looking for reliable translation solutions and prepare for the changes in Bill 96.

4. Businesses Must Rethink Customer Communications

Many companies, including large organizations like Amazon, are already changing the way they communicate with their customers based on the law.

For instance, Mr. Nassiry highlights his own experience, where he noticed that order confirmation emails from companies like Amazon are now in French, with the English translation appearing at the bottom.

Businesses will have to rethink the way they communicate with their customers, especially for organizations that focus on retail for individuals.

5. Businesses Should Consider Working with Translation Providers That are Versed in Quebec Legalese

Going forward, businesses will want to work with translation businesses that are well-versed in Quebec legalese, especially since there is a difference between French within Quebec and French within other provinces, such as Ontario or New Brunswick.

This is important for making sure there are no mistakes in the contracts, especially when working with terminology that is native to Quebec.

When searching for a translation partner, seek out one that has specific legal experience based on your requirements, with a proven track record to back it up. Your business deserves no less.

Interested in watching the full webinar? Check it out below: