Use of French in Federally Regulated Private Businesses Act — U-3.5 59
59 (1) The portion of subsection 11(1) of the Act before paragraph (a) is replaced by the following: Adverse treatment 11 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces for any of the following reasons: (2) Subsection 11(3) of the Act is replaced by the following: Acquired rights in region with strong francophone presence (2.1) A federally regulated private business that has workplaces in a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French. Language other than French (3) Requiring an employee to have a knowledge of a language other than French does not constitute adverse treatment for the purposes of subsection (1) if the federally regulated private business is able to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee and, in the case of a business that has workplaces in Quebec, the business sets out the reasons that justify the requirement in any advertisement to fill a position assigned to one of those workplaces that requires such knowledge. (3) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following: Language other than French — minimum conditions (4) For the purposes of subsection (3), a federally regulated private business that has workplaces in Quebec, before requiring knowledge of a language other than French of an employee who occupies or is assigned to one of those workplaces, must, in order to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee, at a minimum, (4) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following: Language other than French — minimum conditions (4) For the purposes of subsection (3), in order to demonstrate that a knowledge of a language other than French is objectively required by reason of the nature of the work to be performed by the employee, a federally regulated private business must, before requiring such knowledge, at a minimum, (5) Subsections 11(6) and (7) of the Act are replaced by the following: Prevention of adverse treatment (6) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take all reasonable measures to prevent, in the work environment, the adverse treatment of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection. Cessation of adverse treatment (7) If a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence is made aware of the adverse treatment, in the work environment, of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection, it must take all reasonable measures to make the adverse treatment cease.