Newsletters and Bulletins / February 2002 / Canada |
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Canada - Regulations Implementing New Franchise Disclosure Law in Ontario On January 31, 2001, implementing regulations under the Province of Ontario's new franchise disclosure law, the Arthur Wishart Act, became effective. The Act was passed in May 2000. It requires franchisers to make specified presale disclosures to prospective franchisees and imposes a civil damages remedy for non-compliance. It also imposes a duty of fair dealing upon parties to franchise agreements. Ontario is the second Canadian province to adopt a law mandating pre-sale disclosure to prospective franchise purchasers. Alberta, which enacted its current law in 1995, has regulated disclosure in connection with franchise sales since 1980. United States franchisers have been able to adapt the Uniform Franchise Offering Circular ("UFOC") used in the United States for use in Alberta by use of a "wraparound" addendum. However, the Ontario regulation requires a greater number of disclosures that differ from those included in a UFOC than does the Alberta law. The Ontario bar is divided on the question of whether a UFOC plus addendum will satisfy the requirements of the Arthur Wishart Act or if a franchiser must draft a special disclosure document for use in Ontario only.
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