In response to submissions made by the Ontario Bar Association
and the Canadian Franchise Association, the Ministry of Government
and Consumer Services is proposing changes to Regulation 581/00 to
the Arthur Wishart Act (Franchise Disclosure), 2000 (the
"Act") to permit electronic delivery of disclosure
documents. The Act currently allows for delivery of a disclosure
document either personally or by registered mail.
Similar to Manitoba's The Franchises Act, the
proposed change would allow for a disclosure document to be
delivered electronically to a prospective franchisee if the
document: (i) is in a form that enables the recipient to view,
store, retrieve and print the disclosure document; (ii) does not
contain links to external documents or content; and (ii) contains
an index for separate electronic
files. The proposed amendment also provides that delivery
would not be effective until the franchisor receives an electronic
acknowledgement of receipt.
Allowing for delivery of a disclosure document electronically
would be a welcome change for both franchisors and franchisees and
provide consistency with other jurisdictions which permit
The proposed amendment will also permit delivery of a disclosure
document by courier and for delivery of a notice of rescission to a
franchisor by pre-paid courier.
Comments on the proposed amendments may be made until May 2,
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