… and creates a statutory framework similar to Ontario’s Arthur Wishart Act and the other provinces with franchise regulation. It addresses fair dealing and good faith, franchisees’ right to associate, mandatory pre-sale disclosure, statutory rescission rights and damages for misrepresentation. The Act applies to any franchise operated wholly or partly in Saskatchewan, and to both new agreements and renewals or extensions entered into after the in force date. Cabinet has now fixed June 30, 2026, as the date the Act and Regulations (as amended) will come into force, giving systems a transition window.
How Saskatchewan compares with the other disclosure provinces
Substantively, the Saskatchewan regime mirrors Ontario, British Columbia, Alberta, Manitoba, Prince Edward Island and New Brunswick: a 14-day pre-sale cooling-off period before any binding agreement or payment, content-heavy disclosure documents, and robust rescission and damages remedies where disclosure is late, incomplete or absent. The most discussed divergence is the definition of “franchise.” Under the Saskatchewan Act, a franchise exists only where the franchisor or associate actually exercises significant control over, or provides significant assistance in, the franchisee’s method of operation. By contrast, Ontario law captures relationships where the franchisor merely has the right to do so. Saskatchewan also sets a higher “sophisticated franchisee” exemption threshold: no disclosure is required where the initial investment is at least five million dollars, compared with Ontario’s three million dollar threshold.
The 2025 amendments: definitions and financial statements
The Franchise Disclosure Amendment Regulations, 2025 revise the original regulations in two important ways. First, they add definitions of “earnings projection,” “foreign jurisdiction” and “officer,” aligning Saskatchewan more closely with Manitoba and British Columbia. Second, they clarify that it is the franchisor’s financial statements that must accompany disclosure and confirm that audits and review engagements prepared under U.S. or international standards are acceptable, alongside Canadian CPA standards. These amendments come into force on the same day as section 1 of the Act, again June 30, 2026.
What franchisors need to know
For franchisors with national systems, Saskatchewan will require a tailored disclosure document, not a simple re-badge of an Ontario or a B.C. template. Saskatchewan-specific risk warning statements must be included, using the exact wording prescribed in the regulations. The franchisor’s certificate must adopt the Saskatchewan form and be signed by the appropriate officers or directors. Franchisors without a Saskatchewan place of business must appoint an attorney for service in the province and identify that attorney in the disclosure document. The regulations also require disclosure of proximity policies between existing and new locations (including certain similar-format or affiliated systems) and a list of all Canadian franchisees, supplemented by nearby foreign franchisees if there are fewer than twenty. Franchisors should also ensure that their financials meet the new audit or review standards recognised by the Amendment Regulations.
What franchisees need to know
For prospective franchisees, the Saskatchewan law offers a familiar toolkit of protections. You must receive a disclosure document at least 14 days before signing any franchise agreement or related document, or paying any non-refundable amount other than a compliant deposit. If disclosure is late or deficient, you may rescind within 60 days of receipt; if it is never provided, the right of rescission is available for two years after signing. Franchisees can sue for damages where they suffer loss because of misrepresentation or non-compliance with the disclosure obligations, with liability extending to franchisors, associates, brokers and signatories to the certificate. The Act imports an explicit duty of fair dealing, including good faith and reasonable commercial standards, and protects the right to associate with other franchisees. Attempts to contract out of Saskatchewan law, or to waive statutory rights, are void.
Conclusion
Saskatchewan’s regime is evolutionary rather than revolutionary, but its drafting choices on definition, exemptions, proximity disclosure and financial standards will matter in practice. Franchisors should use the lead-up to June 30, 2026, to tune their national disclosure packages and franchise strategies for Saskatchewan, while franchisees can look forward to a level of protection consistent with the rest of Canada’s disclosure provinces, shaped by a few distinctly Saskatchewan twists.
Always consult a lawyer and accountant familiar with Ontario franchise law before finalizing any transaction. This article is for informational purposes only and does not constitute legal advice.
Saskatchewan’s Franchise Disclosure Act: a new chapter in Canadian franchise regulation
Saskatchewan’s Franchise Disclosure Act will soon join the roster of provincial disclosure laws, reshaping how franchising is done in the province and across Canada.
The Saskatchewan Franchise Disclosure Act and regulations: scope and timing Saskatchewan’s Franchise Disclosure Act received Royal Assent on May 8, 2024 and creates a statutory framework similar to Ontario’s Arthur Wishart Act and the other provinces with franchise regulation. It addresses fair dealing and good faith, franchisees’ right to associate, mandatory pre-sale disclosure, statutory rescission rights and damages for misrepresentation. The Act applies to any franchise operated wholly or partly in Saskatchewan, and to both new agreements and renewals or extensions entered into after the in force date. Cabinet has now fixed June 30, 2026, as the date the Act and Regulations (as amended) will come into force, giving systems a transition window.
How Saskatchewan compares with the other disclosure provinces
Substantively, the Saskatchewan regime mirrors Ontario, British Columbia, Alberta, Manitoba, Prince Edward Island and New Brunswick: a 14-day pre-sale cooling-off period before any binding agreement or payment, content-heavy disclosure documents, and robust rescission and damages remedies where disclosure is late, incomplete or absent. The most discussed divergence is the definition of “franchise.” Under the Saskatchewan Act, a franchise exists only where the franchisor or associate actually exercises significant control over, or provides significant assistance in, the franchisee’s method of operation. By contrast, Ontario law captures relationships where the franchisor merely has the right to do so. Saskatchewan also sets a higher “sophisticated franchisee” exemption threshold: no disclosure is required where the initial investment is at least five million dollars, compared with Ontario’s three million dollar threshold.
The 2025 amendments: definitions and financial statements
The Franchise Disclosure Amendment Regulations, 2025 revise the original regulations in two important ways. First, they add definitions of “earnings projection,” “foreign jurisdiction” and “officer,” aligning Saskatchewan more closely with Manitoba and British Columbia. Second, they clarify that it is the franchisor’s financial statements that must accompany disclosure and confirm that audits and review engagements prepared under U.S. or international standards are acceptable, alongside Canadian CPA standards. These amendments come into force on the same day as section 1 of the Act, again June 30, 2026.
What franchisors need to know
For franchisors with national systems, Saskatchewan will require a tailored disclosure document, not a simple re-badge of an Ontario or a B.C. template. Saskatchewan-specific risk warning statements must be included, using the exact wording prescribed in the regulations. The franchisor’s certificate must adopt the Saskatchewan form and be signed by the appropriate officers or directors. Franchisors without a Saskatchewan place of business must appoint an attorney for service in the province and identify that attorney in the disclosure document. The regulations also require disclosure of proximity policies between existing and new locations (including certain similar-format or affiliated systems) and a list of all Canadian franchisees, supplemented by nearby foreign franchisees if there are fewer than twenty. Franchisors should also ensure that their financials meet the new audit or review standards recognised by the Amendment Regulations.
What franchisees need to know
For prospective franchisees, the Saskatchewan law offers a familiar toolkit of protections. You must receive a disclosure document at least 14 days before signing any franchise agreement or related document, or paying any non-refundable amount other than a compliant deposit. If disclosure is late or deficient, you may rescind within 60 days of receipt; if it is never provided, the right of rescission is available for two years after signing. Franchisees can sue for damages where they suffer loss because of misrepresentation or non-compliance with the disclosure obligations, with liability extending to franchisors, associates, brokers and signatories to the certificate. The Act imports an explicit duty of fair dealing, including good faith and reasonable commercial standards, and protects the right to associate with other franchisees. Attempts to contract out of Saskatchewan law, or to waive statutory rights, are void.
Conclusion
Saskatchewan’s regime is evolutionary rather than revolutionary, but its drafting choices on definition, exemptions, proximity disclosure and financial standards will matter in practice. Franchisors should use the lead-up to June 30, 2026, to tune their national disclosure packages and franchise strategies for Saskatchewan, while franchisees can look forward to a level of protection consistent with the rest of Canada’s disclosure provinces, shaped by a few distinctly Saskatchewan twists.
Always consult a lawyer and accountant familiar with Ontario franchise law before finalizing any transaction. This article is for informational purposes only and does not constitute legal advice.
