OBA Franchise Law PROGRAM | Original Program Date: June 12, 2023

The new criminal prohibitions in Section 45.1 of the Competition Act on no-poach agreements and wage-fixing agreements come into force next month and have the potential to irreversibly alter several commercial arrangements and practices commonly used in the franchise business model. Draft guidance from the Competition Bureau shows that franchising is squarely in the spotlight and, while Section 45.1 itself is new, there is history underlying Section 45 that could lay a groundwork for enforcement and litigation of the new provisions. Franchisors now have a very little time remining to learn about these new prohibitions, understand how they can impact their franchise systems, and chart a path forward – or risk criminal and civil sanctions, including potential class actions.  

This program will provide the history of Section 45.1 of the Competition Act, a discussion of the prohibitions, the available defenses, and how the prohibitions can specifically impact the franchise business model. Further, the program will help franchisors understand their potential exposure and their options for navigating the new rules.

PROGRAM CHAIR

Dominic Mochrie, Osler, Hoskin & Harcourt LLP

PROGRAM SPEAKERS

Huy Do, Fasken Martineau DuMoulin LLP
Nikiforos Iatrou, McCarthy Tétrault LLP
Susan Hutton, Stikeman Elliott LLP