Conclusion

The Franchising Industry is deserving of specific regulation to aid in its proper conduct. This is well understood and a logical consequence of the Legislature assessing the risks involved in an expected long-term relationship between unrelated parties where one party has a perceived legal and commercial advantage.

The complexity of that relationship, and the potential it offers for exploitation, demand that the regulations that govern those commercial and legal issues are appropriate and properly enforced. The Legislature, the courts and arms of the executive, such as the Regulator, all have a role to play.

The Legislature must, when appropriate refresh the Code. It must also provide the Regulator with appropriate resources to conduct its mandate. The courts have to offer interpretation and guidance. The executive arms must be diligent and willing to promote enforcement action through prosecutions and appropriate market awareness.