Authors
Partner, Chair: Franchise and Distribution, Toronto
Partner, Disputes, Montréal
International franchisors looking to expand business operations into Québec need to be mindful of the key differences in the franchise model unique to the province — compared to the rest of Canada — in order to effectively tap into this potentially lucrative market and avoid legal issues. In addition to navigating through the province’s unique language rules, franchisors also need to be cognizant of what differentiates Québec’s legal system from that of the rest of North America: it is governed by a single and comprehensive piece of legislation and not by precedential decision-making as in a common law system.
For franchisors, understanding the nuances of this system that governs franchise matters in Québec is key to meeting business objectives. In this article “La Belle Province: A practical business guide to key legal issues when franchising in Québec,” that originally appeared in the Fall 2016 edition of the Franchise Law Journal, Osler franchise law experts Andraya Frith, Éric Préfontaine and Gillian Scott offer practical legal insight and analysis on the approach to franchising in Québec.
From language laws to key considerations as to how Québec law views the franchise relationship, this resource is designed to introduce international franchisors to some of the unique aspects of franchising in Québec to allow them to assess the investment required to unlock the veritable opportunity the Québec market affords. The comprehensive article offers insight on the following matters:
- business profile of Québec, including population and the consumer market
- key business considerations when planning entry to the Québec market
- how Québec law views the franchise relationship including franchise disclosure, errors due to fraud, key franchise-related judicial trends in Québec
- key legal considerations for franchisors in Québec including employment, tax issues, third-party guarantees and leases
- French language laws including registering a franchise, franchise agreements, and Québec signage requirements
- key resources for franchisors in Québec
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