The most fundament and crucial step towards deciding to enter into a Franchise arrangement is getting to know and understand the proposed franchise. Disclosure documents provided by franchise systems in Canada contain a wealth of information, which allows prospective franchisees an opportunity to gain valuable insight into the franchisor’s operations. It is extremely important you take the time to fully analyze the disclosure document and be ready to ask the franchisor any questions that arise from your review. Also, while the following information serves as a general overview, you must also seek your own legal and accounting advice when reviewing a disclosure document.
The document is provided to potential franchisees so that they may make a more fully informed business decision. In Canada, franchise systems are required by law to provide a Disclosure Document to prospective franchisees in the provinces of Alberta, Ontario and PEI. Although franchise systems are only legally required to provide Disclosure Document in these three provinces, many franchisors provide a disclosure document across all of Canada to assist prospective franchisees in learning about the franchise opportunity. Franchisors have different application processes for franchisees but will typically provide the Disclosure Document to prospective franchisees once they have been qualified as a potential franchisee and have shown serious interest in the franchise opportunity. It is not a public document and is usually only available to serious investors. In Alberta, Ontario and PEI the Disclosure Document must be provided a minimum of 14 days prior to the potential franchisee signing any franchise agreements or paying any funds. The Disclosure Document must meet legislative requirements and disclose all material facts regarding the franchise opportunity and the franchise system's history.
The disclosure document is only a summary of important information. Potential franchisees should study the franchise agreement in detail as this is ultimately the document they will be signing. Legal and financial advisors, along with the franchisor, will all assist potential franchisees in reviewing the documents and in clarifying the obligations as a franchisee of the franchise system. Lawyers with franchising experience can review the disclosure document so that he or she can ensure that it meets all legal requirements. Potential franchisees should also seek advice from an accountant and the bank to ensure that they can financially afford the investment. The bank may also request a copy of the Disclosure Document so that they can make an informed lending decision. ( from the CFA bhttp://www.cfa.ca/) For more information call our offices 905- 456-9969 or email ruby@rutmanlaw.com.
Balancing work and personal life is essential. As important as it is to stay committed at work, it’s important to take time for yourself and handle personal responsibilities when life demands it. There are times when your health needs attention, your family needs support, or unexpected and unavoidable situations arise. During these times, you shouldn’t have to worry about your job security. That’s why Ontario provides job-protected leaves under the Employment Standards Act, 2000 (ESA), so employees can step away when necessary and return without risking their employment. There are limits on the types of leave you can apply for under Ontario's employment policy. Let’s understand everything about leave of absence in Ontario as per Ontario’s Employment Standards Act, 2000 (ESA). What Is a Leave of Absence in Ontario? A leave of absence means that you can take time off work while keeping your employment status active. These leaves are...
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Balancing work and personal life is essential. As important as it is to stay committed at work, it’s important to take time for yourself and handle personal responsibilities when life demands it. There are times when your health needs attention, your family needs support, or unexpected and unavoidable situations arise. During these times, you shouldn’t have to worry about your job security. That’s why Ontario provides job-protected leaves under the Employment Standards Act, 2000 (ESA), so employees can step away when necessary and return without risking their employment. There are limits on the types of leave you can apply for under Ontario's employment policy. Let’s understand everything about leave of absence in Ontario as per Ontario’s Employment Standards Act, 2000 (ESA). What Is a Leave of Absence in Ontario? A leave of absence means that you can take time off work while keeping your employment status active. These leaves are...
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Employees are not always comfortable replying to work emails and messages even after their working hours have ended. With phones and laptops always nearby, the boundary between work and personal time has become blurred. Over time, this constant connectivity can affect both work-life balance and overall well-being. As these concerns became more common across workplaces in the province, clearer rules were introduced to address after-hours communication and employer expectations. In Ontario, some employers must have a written Right to Disconnect policy that explains after-hours communication, but it doesn’t stop them from contacting you after work. This guide explains everything employees and employers need to know about the policy. What is the Right to Disconnect? The Ontario “Right to Disconnect” policy was introduced by the provincial government on December 2, 2021, under the Employment Standards Act, 2000 (ESA). Under the policy, employees may disconnect from work after working hours. The purpose...
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Losing your job can be one of the most traumatic experiences in your professional life. Whether it is a result of restructuring, downsizing, or any other non-disciplinary reason, it is important to understand your rights - particularly regarding severance pay in Ontario. A number of employees do not know they might be entitled to compensation beyond basic termination pay. This guide explains who gets severance pay under the ESA, how it differs under common law, and when to speak to a severance lawyer. What is Severance Pay in Ontario? Severance pay is compensation offered at termination without cause after a lengthy relationship. It is meant to acknowledge the years of service and to assist with financial support while one looks for work. In Ontario, severance pay can be calculated in two ways: According to the Employment Standards Act (ESA), which is the minimum standard. According to common law, which often...
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