The representative of the United States provided the following statement. The United States thanks Canada for its willingness to engage on Québec's Bill 96. As we mentioned in our 2 February 2024, WTO Enquiry Point message, we have concerns that this measure and its draft implementing regulation have not been notified to the WTO TBT Committee for stakeholder comment given its likely significant impact on trade. We would like to remind Canada of its WTO obligation to ensure that the technical regulations of local governments on the level directly below that of the central government are notified to the WTO TBT Committee, and that such notifications take place at an early appropriate stage, when amendments can still be introduced and comments taken into account. We would further encourage Canada to ensure 60 days for stakeholder comments to make sure that stakeholders are able to fully convey their input. It is our understanding that Québec only accepted written comments physically submitted to the Minister of French Language, did not allow for the electronic (online) submission of comments, and only provided a 45-day period for comment on the draft implementing regulation for Bill 96 that was published on 10 January 2024. Given the significant impact this measure will have on trade, does Canada plan to notify Bill 96 and its draft implementing regulation to the WTO with a corresponding comment period of at least 60 days, and with an option for electronic submission of comments, so that interested WTO Members can provide comments when they can still be taken into account in the development of the final regulation? Can Canada please provide an update on the status of the measure, and any steps Québec is taking to address stakeholder concerns?

The representative of the European Union provided the following statement. The European Union would like to thank Canada for bilateral exchange on Québec's Bill 96, held in the margins of the last TBT Committee. The EU would like to support the Delegation of the United States as we share the concern that this measure and its draft implementing regulation have not been notified to the WTO TBT Committee for stakeholder comment given its likely significant impact on trade. The EU would like to take the opportunity to recall the obligation to ensure that the technical regulations of local governments on the level directly below that of the central government are notified to the WTO TBT Committee, and that such notifications take place at an early appropriate stage, when amendments can still be introduced and comments taken into account. The EU would like to know whether Canada plans to make the TBT notification of this measure together with its draft implementing regulation, allowing a commenting period of at least 60 days, thus ensuring that interested WTO Members can provide comments when they can still be taken into account in the development of the final regulation? The EU would appreciate receiving updated information on the status of this measure.

In response, the representative of Canada provided the following statement. Bill 96 was adopted by the National Assembly of Québec in May 2022 and became Law 14 in June of the same year. The latter introduced a number of amendments and clarifications to the Charter of the French language, adopted in 1977, which already set out a number of requirements for products sold and marketed in Québec. On 10 January 2024, the Draft Regulation, amending mainly the Regulation respecting the language of commerce and business, was pre-published in the Gazette officielle du Québec, opening a 45-day comment period for stakeholders (until 24 February 2024). Canada is aware of the concerns expressed by stakeholders about certain aspects of this Draft Regulation, which were shared with the Government of Québec during and after the consultation period. In addition, many stakeholders, in particular stakeholders from the United States, have submitted comments on the Draft Regulation to the Ministry of the French Language. The Government of Québec is reviewing the comments received, and work on the Draft Regulation is under way. No deadline has yet been set for finalizing the measure. With respect to the concern that only comments sent by regular mail were accepted, we confirm that the comments sent by email have also been given due consideration, as have those submitted by post. Recently, the Government of Québec has organized meetings with stakeholders with an interest in the Bill and the Draft Regulation, including diplomatic representatives and their domestic companies, to hear their concerns and explain the myths and realities of the legislation. The Government of Québec stands ready to promptly organize such meetings with US representatives and their companies, as well as with any other WTO Member concerned about this measure.