The Saskatchewan Ministry of Justice and Attorney General has set up a webpage to seek public comments on the Government of Saskatchewan considering implementing franchise legislation in Saskatchewan based on the Uniform Law Conference of Canada’s (ULCC) Uniform Franchise Act.

The main features of the Uniform Franchise Act are as follows:

1. Franchisor obligations to prospective franchisee to disclose financial statements and specific information about the franchise;

2. A duty of fair dealing on franchisor and franchisee;

3. Franchisee ability to rescind agreement if there is a deficiency in franchisor disclosure;

4. Franchisee ability to sue franchisor for misrepresentations in franchisor disclosure;

5. Franchisee rights to associate and form associations; and,

6.  Rights under legislation cannot be waived.

The implementation of franchise legislation based on the ULCC would put Saskatchewan in line with the provinces of British Columbia, Alberta, Manitoba, Ontario, New Brunswick, and P.E.I., in having legislation that provides protections to franchisees that operate in the province.

The webpage states that comments to the proposed legislation may be sent the Saskatchewan Ministry of Justice and Attorney General until September 15, 2023. 

McKercher LLP has a strong franchise group of solicitor and litigation lawyers, with significant experience in franchise law at both the provincial and national levels, and can provide guidance with respect to the potential requirements and impacts of the proposed new franchise legislation. Learn more about our Franchise Law team who are dedicated to providing guidance for franchisors and franchisees in Saskatchewan.