Bill 96 and amendment to the Civil Code of Québec: New obligations having an impact on the practice of the profession
The Act respecting French, the official and common language of Québec (bill 96) , adopted on May 24, 2022, officially came into force on June 1, 2022. This has resulted in several amendments to the Charter of the French Language and the Civil Code of Québec to require that documents and deeds used in the real estate field be drafted in French. Some of these amendments are already in force, while others will soon be implemented.
Amendments in force since June 1, 2022
The following documents, used in residential brokerage transactions, must be drafted in French, unless the parties to the transaction unanimously wish that these documents be drawn up in English:1
- The contract for the sale (deed of sale) or exchange of part or all of a chiefly residential immovable comprising fewer than five dwellings or of a chiefly residential co-ownership property;
- The promise to enter into such a contract to sell (promise to purchase);
- The preliminary contract with a developer or builder of an immovable who undertakes to sell a new residential immovable already built or to be built;
- The memorandum that complements the preliminary contract.
Regarding co-ownerships, the register and all documents available to or intended for a co-owner must henceforth be drafted in French.2 Using the services of a certified translator to comply with this new requirement is not mandatory, but recommended, to avoid the dissemination of incorrect information.
However, in a commercial brokerage transaction, each party may continue to draft its documents using the language of its choice.
Amendments in force since September 1, 2022
Since September 1, 2022, applications for registration in the Land Register and the documents that must be attached to them (deed of sale, mortgage deed, declaration of co-ownership, etc.) must be drafted in French. If these documents were initially drafted in another language, they must be accompanied by an authenticated translation, i.e. a translation conforming to the original, by a certified translator, who is a member of the Ordre des traducteurs, terminologues et interprètes agréés du Québec.3
In addition, as a transitional measure, if an act was filed at the Land Registry Office in a language other than French before June 1, 2022, the act that amends or corrects it may still be presented exclusively in that other language.4
Although the promise to sell, the preliminary contract between the buyer and the builder or developer and the memorandum provided to a buyer are not published in the Land Register, they must also be drafted in French, unless all parties agree to draft them in another language.
Amendments in force to adhesion contracts since June 1, 2023
All adhesion contracts relating to an immovable are subject to the new rules, which are into force since June 1, 2023. A contract of adhesion is a contract in which the essential stipulations were imposed or drawn up by one of the parties, on his behalf or upon his instructions, and were not negotiable.5
For one of these contracts to be drafted in a language other than French, not only must it be the express wish of the parties, as is currently the case for all adhesion contracts, but a French version of the contract must also have been previously given to the adhering party.6 Note that the OACIQ forms do not constitute adhesion contracts.
Obligations of licensees regarding the amendments introduced by bill 96
Licensees should inform their clients of these new obligations and warn them that additional delays and costs may result from their application. Some people with a limited understanding of French may need more assistance from the licensees who represent them, in order to obtain all the explanations they need to understand the transaction they are about to conclude.
1 Section 46 of Bill 96 adding article 55.1 of the Civil Code of Québec
2 Section 124.1 of Bill 96 adding article 1070.1.1 of the Civil Code of Québec
3 Section 125 & 126 of Bill 96 amending articles 2984 & 3006 of the Civil Code of Québec
4 Section 212 of Bill 96
5 Article 1379 of the Civil Code of Québec
6 Section 68 of Bill 96 amending section 91 of the Charter of the French Language
