Bill 96: Who Can Represent A Business Registered With The OQLF?

Key takeaways

• Since Bill 96 came into effect, only a member of an enterprise's management team can represent it before the OQLF. 
• The new section 139.1 of the Charter of the French Language has sparked debate over the scope of the term “member of management.” 
• The Superior Court confirmed that the OQLF's strict interpretation, requiring the representative to be an employee with real decision-making authority, is not unreasonable. 
• The case is now before the Quebec Court of Appeal, whose ruling could clarify the obligations of enterprises registered with the OQLF. 
• In the meantime, enterprises are advised to appoint an internal representative who meets the OQLF's criteria, while continuing to rely on external professionals for guidance.