What English-language rights do I have in Canadian and Quebec housing law?
Canada’s Constitution gives the responsibility over all housing matters to the provinces. This means that each provincial government is tasked with setting up its own rules and regulations on the leasing of residences.
Quebec’s Civil Code and Charter of the French Language (also known as “Bill 101”) make clear that residential leases may be drawn up in a language other than French if both the landlord and tenant agree to it.
Quebec’s Civil Code and Charter of the French Language (also known as “Bill 101”) make clear that residential leases may be drawn up in a language other than French if both the landlord and tenant agree to it.
Other lease-related notices that may be required, for example, when there is a rent increase, major repairs to be done in the residence, or when the landlord wishes to repossess the residence, must also be drawn up in the same language as the lease.
Standard forms for lease-related notices can be found on the TAL website.
If either a landlord or tenant do not agree to draw up the residential lease in English, then the lease and all other lease-related notices must be drawn up in French. If either the tenant or landlord wishes absolutely to draw up a residential lease in English, then they must find another person willing to draw it up in English.
You can find standard residential lease forms in English for purchase in most post offices and pharmacies, as well as online for purchase.
If you are a landlord and a residential lease agreement is made verbally (i.e. without a written lease form), then you must fill in the Mandatory Writing form and deliver it to your tenant within 10 days of the start of the verbal lease.
Can a landlord refuse to rent to me if I am either not Francophone or not fluent in French?
Discrimination on the basis of ethnicity or language is explicitly prohibited by Quebec’s Charter of Human Rights and Freedoms.
In other words, a landlord cannot deny renting out a residence to a potential tenant simply because they are an English-speaking individual or because the they are not francophone (i.e. a native French-speaker).
If you believe you are the victim of discrimination on the basis of ethnicity or language, then you would need to file a claim with the Commission des droits de la personne et des droits de la jeunesse. Click here to learn more about filing a complaint.
Which institution oversees and resolves housing rights issues in Quebec?
Formerly known as the Régie du logement until 2020, the Administrative Housing Tribunal (also dubbed the Tribunal administratif du logement or TAL) is a provincial body that oversees and resolves conflicts involving residential leases.
The TAL has the authority to issue decisions on many types of housing disputes, including:
The TAL has the authority to issue decisions on many types of housing disputes, including:
Renewals and modifications of leases;
Repossession of a residence by a landlord;
Eviction of a tenant from a residence; and
Instances when obligations in the lease are not being fulfilled by either the tenant or the landlord (such as failure to repair major plumbing or electrical problems, paying the rent on time, etc.).
The TAL is also responsible for keeping tenants and landlords sufficiently informed of their rights and responsibilities through telephone assistance, appointments with information clerks, and free digital publications on their website, much of which is offered in English online or at a person’s request.
When contacting the TAL via telephone (514-873-2245):
Press “0” to speak with a TAL representative.
Be aware there is a lengthy automated voice recording in French explaining the services offered by the TAL that must be listened to before the caller can request listening to this same information in English by pressing “9”.
Take a look at the TAL’s English-language webpages on the Rights and Obligations of the Tenant (the "Lessee") and Rights and Obligations of the Landlord (the "Lessor") for more details.
What services am I allowed to access in English at the Administrative Housing Tribunal (TAL)?
While only available in French, the TAL’s Language Policy outlines the occasions where you have the right to use English in your communications and dealings with the Tribunal.
According to the Policy, you may have your case heard in English if you apply to the TAL in that language.
While making a claim to the TAL, you may request English versions of forms needed during your case before the Tribunal, many of which are already posted onto the TAL website in downloadable PDF format.
NOTE: Due to the exceptional circumstances of the COVID-19 pandemic, the TAL currently allows you to complete and submit all complaint applications online. However, please be aware the online application form is only available in French.
If you cannot use the online application form, then you can use the downloadable PDF application form (mentioned above) in English and submit it with the other needed documents to the TAL either by mail or in person.
Whether you participate in an alternative method to resolving your housing conflict (for example, through formal talks and negotiations, mediation, or other approaches) or participate in a hearing before the TAL, you have the right to express yourself and be heard in English.
Rulings made by the Tribunal are written in French unless the judge decides otherwise. If written in French, an English-language translation of the ruling may be provided for free at your request. You can make this request by filling out the PDF form, then saving and sending it to the TAL.
Regarding telephone conversations, TAL staff can assist and communicate with you in English if you do not understand French well enough to carry out a conversation.
If you call the TAL and speak to their staff in a language other than French must first check whether you are able to understand French. They will most likely do this by asking you directly.
If you confirm that you cannot understand French, then the TAL representative can continue to speak to you in English.
If the TAL representative is unable to speak in English, they can find a co-worker who can better serve you.
NOTE: Based on the wording of the TAL’s Language Policy, while staff members are encouraged to help you in English in certain circumstances, they are not obligated to do so.
Also, on June 1, 2022, the Quebec government officailly passed Bill 96, a new law that obliges all government institutions to follow the rules of a universal language policy, to be drawn up by the Ministry of the French Language. This state-wide language policy:
Requires government institutions to draw up guidelines pinpointing the situations in which it is acceptable to provide services in English; and
Tightens the rules around when a government institution is allowed to offer services to the public in English.
While the Ministry’s language policy has not yet been released, these modifications could narrow the TAL’s Language Policy and further restrict the TAL’s ability to offer its services to Quebecers in English.
No longer requires that all judges appointed to the Quebec tribunals have English-language skills; and
Requires all written English-language judgments to include a French-language translation.
This new bill could make it harder for English-speakers in Quebec to access to have their case at the TAL heard in English.
The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.
Many portions of the TAL’s website are also available in English, though not to the same extent as the French version. As stated above, many of the forms and documents offered only in French can be requested in English by contacting the TAL.
The bill also:
No longer requires that all judges appointed to the Quebec tribunals have English-language skills; and
Requires all written English-language judgments to include a French-language translation.
This new bill could make it harder for English-speakers in Quebec to access to have their case at the TAL heard in English.
The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.
Many portions of the TAL’s website are also available in English, though not to the same extent as the French version. As stated above, many of the forms and documents offered only in French can be requested in English by contacting the TAL.
