Signing in French: what Quebec’s language law asks

Which contracts this covers

• A contract of adhesion is one whose essential terms were imposed or drawn up by one party and were not negotiable (Civil Code of Québec, article 1379).
• The Office québécois de la langue française (OQLF) gives examples: electricity supply contracts, insurance policies, telephone service contracts, mobile phone contracts, gym memberships and commercial leases.
• Among other exceptions, the rule does not apply to a contract of employment, which falls under the Charter’s language-of-work rules, or to a contract used in relations outside Quebec (section 55). The OQLF explains that the latter means a contract with an individual who does not reside or is not domiciled in Quebec, or with a company whose head office or establishment is outside Quebec.

The rule for contracts of adhesion

• French first. Contracts of adhesion and their related documents must be drawn up in French. The parties can be bound by a version in another language only if that is their express wish after the French version has been given to the adhering party; the related documents can then be in that other language only (section 55).
• No fee. No one may charge the other party for drawing up the French version of the contract or its related documents (section 55).
• Related documents include a document attesting to the contract, such as an insurance certificate, a document the law requires to be attached, such as a cancellation form, and any other ancillary document (Regulation respecting the language of commerce and business, section 27.3).
• Bilingual is fine. The OQLF accepts a bilingual contract, or a French version and another version given at the same time. French must appear at least as prominently as any other language, and every version must be sent by the same means.
• Online contracts. For a contract of adhesion entered into using a technological means, giving the adhering party the applicable standard clauses in French meets the requirement (Regulation, section 27.3). The OQLF adds that the requirement is also met when the website or app is available in French and the French version of the contract can be found there.
• Renewals. When a renewal creates a new contract, the French version must be given again, whatever the date of the original contract (OQLF).
• Discrepancies. If the French and other versions differ, the adhering party may rely on either one, according to their interests (Regulation, section 27.3).

Residential real estate

Section 55.1 adds its own list. These must be drawn up in French: a contract for the sale or exchange of a chiefly residential immovable with fewer than five dwellings, or of a fraction of such a building held in co-ownership; a promise to enter into that contract; and the preliminary contract and memorandum required when a builder or developer sells a residential property to a person who will live in it (articles 1785 and 1787 of the Civil Code). They may be drawn up exclusively in another language if the parties expressly wish.

Serving consumers in French

• A business that offers goods or services to consumers must respect their right to be informed and served in French (section 50.2).
• The OQLF says this right applies before, during and after a transaction, to every type of business, and covers, for example, customer service emails, websites, invoices, receipts and acquittances.
• Invoices, receipts, acquittances and similar documents must be drawn up in French, and no one may send them in another language unless the French version is available on terms at least as favourable (section 57).
• Catalogues, brochures, order forms and similar documents available to the public must be in French, whatever the medium (section 52).

What this means for your e-signature flow

1. Prepare French versions of your standard contracts and their related documents, and build French templates from them.
2. Send the French version first, or a bilingual version, or both versions together in the same way, with French at least as prominent.
3. If a person wants another language, have them state that wish after they have received the French version, and keep that record with the signed agreement.
4. Write invitations, instructions and consent wording in French for Quebec consumers, and send receipts in French.
5. Never charge for the French version.
6. Check the exceptions: contracts of employment, and contracts with people or companies outside Quebec.
7. Repeat the French step when a renewal creates a new contract.