Right to associate (franchisee)

A buyer meets this term when reading a franchise agreement or disclosure package for clauses about contact with other franchisees. Several provincial Acts protect that freedom in similar terms.

How the Acts protect it

Ontario’s Arthur Wishart Act also says a franchisor must not directly or indirectly penalize, attempt to penalize or threaten to penalize a franchisee for exercising a right under that section, and gives a right of action for damages if it does. Section 11 says a purported waiver or release by a franchisee of a right under the Act is void.

British Columbia’s Franchises Act says a provision in a franchise agreement or related agreement that purports to interfere with, prohibit or restrict that right is void. Manitoba’s Act has matching wording in section 4, and Alberta’s Act covers it in section 8. New Brunswick’s and Prince Edward Island’s Franchises Acts and Saskatchewan’s Franchise Disclosure Act also state the right. The provisions differ in detail.

Where Quebec stands

The Canadian Franchise Association says Quebec has no specific franchise legislation. See the answer on which provinces have franchise disclosure laws and franchisee associations.