Single-document disclosure requirement

Ontario’s Arthur Wishart Act, s. 5(3), reads that a disclosure document must be one document, delivered as one document at one time. New Brunswick’s s. 5(3) uses nearly the same words. British Columbia’s s. 5(3) asks for one complete document delivered at one time. The rule is in play if a franchisor sends schedules, financial statements or the certificate separately.

Manitoba’s version

Manitoba’s s. 5(3) addresses the case where the disclosure document is not delivered as one document: the requirement in s. 5(2) is not met until the date the last document is delivered. The rule is tied to the 14-day disclosure period: in Manitoba, a late piece moves the date that period is measured from. This entry covers Ontario, British Columbia, New Brunswick and Manitoba only; check the rules in the province where the business is.

What to check

• Whether every schedule, statement and the certificate arrived together
• The delivery date of each piece, kept in writing
• Whether a later item is a replacement or a statement of material change
• Which province’s wording applies to the location

Read what a franchisor must disclose for the contents.