Franchising in Canada: get the franchisor’s promises in writing

“We’ll be there every step of the way.” This assurance may reassure a buyer without explaining what the franchisor will actually do. Before joining a franchise network in Canada, compare the sales promises with the contractual commitments. The aim is not to turn everything into a legal dispute: it is to understand what support you are buying, on what terms, and how you can check that it is being delivered.

1. List the promises that matter to your decision

Gather emails, presentations, brochures and records of discussions with the franchisor. Keep a record of their dates and authors. After an important conversation, send a written summary and ask for confirmation: your own notes do not, on their own, prove that the other party agrees with their contents.

Focus on assurances that influence your decision or your budget. For example:

• on-site support during the opening;
• regular visits from an operations adviser;
• help recruiting your first employees;
• technical support available during your trading hours;
• specific assistance to kick-start local sales.

Create a table with four columns: promise, document in which it appears, corresponding clause, missing detail. A blank space in the contractual clause column calls for a question, not an assumption.

Also distinguish between a commitment and an example. “Some franchisees receive a monthly visit” does not necessarily mean that your business will receive the same service.

2. Turn a general assurance into a clearly defined service

A promise becomes useful when it answers practical questions: who will provide the support, what will they do, when, for how long and at what cost?

Take opening support. Ask whether help will be provided on site or remotely, which tasks it will cover and who will pay the travel costs. Also check what happens if the opening is postponed: will the team remain available, or will you need to arrange another visit or support session?

For ongoing support, ask for clarity on:

• the department responsible and how to contact it;
• its hours of availability;
• the frequency of scheduled support;
• any agreed response times;
• exclusions and additional charges.

Separate the promised service from the hoped-for outcome. Providing recruitment assistance is not the same as guaranteeing a full team. Responding to a technical support request does not necessarily mean restoring an IT system immediately.

Finally, ask whether the franchisor can change these services unilaterally. A detailed commitment carries less weight if another provision allows it to be withdrawn without clearly defined limits.

3. Check that the legal documents are consistent

In Canada, franchise-specific rules vary by province. Sales materials, a disclosure document and a contract do not automatically serve the same legal purpose.

In Ontario, the Arthur Wishart Act (Franchise Disclosure), 2000 requires, subject to applicable exceptions, a disclosure document to be provided at least 14 days before signing or making a payment relating to the franchise. Among other things, this document must describe training and other assistance programmes and include the proposed agreements. Compare the support advertised with what is described in the disclosure package and the final agreement.

In Quebec, there is no specific legislation imposing a general franchise disclosure regime. The general provisions of the Civil Code of Québec apply, including those concerning good faith, consent and contractual obligations. Obtaining clear written commitments remains essential.

Ask your independent lawyer to review any “entire agreement” clause, which seeks to define the documents that make up the agreement, as well as any statement that you have not relied on assurances outside the contract. These clauses can complicate a dispute over an earlier promise; however, they do not automatically override applicable statutory protections.

If a promise is crucial to your decision, ask for it to be included in the contract or a signed schedule, with a clear rule stating which document takes precedence if there is a conflict.

4. Decide before signing, then keep the evidence

Give the franchisor a short list of commitments that remain unclear. Ask for a revised version, then have it checked for consistency with the contract as a whole. A reassuring verbal response does not correct a contradictory clause.

If the franchisor refuses to commit, assess the purchase without relying on the uncertain service. What would it cost to replace it? Could you open and operate without it? This analysis may change your decision, even if the brand remains attractive.

Keep the final signed versions, their schedules and relevant correspondence. After opening, record your requests for assistance and the support received.

Key takeaway: before signing, choose the three promises that matter most to you and identify the precise contractual wording that reflects them. If it is missing, have the commitment clarified or reassess the purchase without that support.