Bill 109 Passes: Quebec to Regulate French-Language Content Discoverability

On December 12, 2025, the National Assembly of Quebec passed Bill 109, which enacts the Act respecting the discoverability of French-language cultural content in the digital environment (Act). For additional background on Bill 109, which was initially tabled on May 21, 2025, please consult our Blakes Bulletin: Bill 109: Quebec Moves to Regulate Discoverability of French-Language Content on Digital Platforms.

The Act broadly applies to digital platforms that offer online audio and audiovisual services, as well as to smart TV and connected device manufacturers. Key details regarding certain obligations under the Act will be set out in forthcoming regulations, including:

• Registration criteria: Digital platforms that meet the criteria set out in regulations will be required to register with the Minister of Culture and Communications of Quebec (Minister).
• Original French-language cultural content: The government is empowered to establish criteria defining what qualifies as original French-language cultural content.
• Content quotas: The government may establish requirements regarding the quantity or proportion of original French-language cultural content or content available in a French version that must be offered by digital platforms.
• Discoverability: The government can make regulations respecting the discoverability of French-language content, including in relation to content recommendation, promotion or display.
• Tailored requirements: The government has broad authority to create categories of content, platforms or manufacturers and may set different standards applicable to any such categories. Additionally, the Minister would be empowered to enter into an agreement with a digital platform respecting “substitute measures” for obligations under the Act that “enable the achievement of the objectives of this Act in a manner that is at least equivalent.” The criteria for these substitute measures would be set out in regulations.

Bill 109 is rooted in the objective of preserving and promoting the French language and Quebec’s cultural heritage. Beyond introducing the Act, it amends Quebec’s Charter of Human Rights and Freedoms (Quebec Charter) to enshrine a new right to “discoverability of and access to original French-language cultural content.” This opens the door to various remedies on behalf of Quebec residents where these rights are not respected by any person.

Next Steps

The government has stated that its next steps include creating the Bureau de la découvrabilité des contenus culturels within Quebec’s Ministry of Culture and Communications, which would be responsible for supervising compliance with the Act, and adopting regulations that would clarify key aspects of the Act’s scope and obligations.

The Government of Quebec is taking the position that it has the authority to regulate culture and French-language content within the province. However, it is well established through case law that broadcasting falls under federal jurisdiction and is governed by the Broadcasting Act, which was amended in 2023 by the Online Streaming Act (formerly Bill C-11) to explicitly regulate online streaming services. The Canadian Radio-television and Telecommunications Commission (CRTC), the federal broadcasting regulator, is actively implementing the Online Streaming Act through several public consultations, some of which address the promotion and discoverability of Canadian content. Considering the CRTC’s ongoing initiatives and constitutional uncertainties, Bill 109 is likely to receive legal and political attention over the coming months.

For more information, please contact the authors or any member of our Communications sector group.