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ARTICLE · 07 OCTOBER 2015

BC Tables Bill 38 – Franchises Act

McCarthy Tétrault
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In recent years, British Columbia has been laying the groundwork for the introduction of franchise legislation in this province.

CanadaCorporate/Commercial Law
Jordanna Cytrynbaum
Jordanna Cytrynbaum
Helen Fotinos
Helen Fotinos
Adam Ship
Adam Ship
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In recent years, British Columbia has been laying the groundwork for the introduction of franchise legislation in this province. We have posted about these initiatives on various occasions, including here and here. On October 5, 2015, these efforts culminated in the Provincial Government's introduction (first reading) of Bill 38 – Franchises Act.

Bill 38 is modeled after the similar legislation already in force in Ontario, Alberta, Manitoba, New Brunswick and Prince Edward Island. It will govern franchise agreements for franchises operated either wholly or partly in British Columbia. Its overarching purpose is to balance protections for potentially vulnerable franchisees against the right of franchisors' to freely contract and create successful franchise chains. At this point in time, the Bill's primary provisions aim to:

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