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The Franchises Act

C.C.S.M. c. F156

The Franchises Act

INTERPRETATION
1 (1) Definitions
(2) Reference to "Act" includes regulations
(3) Corporation controlled by another person
APPLICATION
2 (1) New, extended and renewed franchise agreements
(2) Existing franchise agreements
(3) Non-application
DUTIES AND OBLIGATIONS
3 (1) Fair dealing
(2) Right of action
(3) Interpretation
4 (1) Right to associate
(2) Interfering with, prohibiting or restricting association
(3) Penalizing franchisee prohibited
(4) Provisions void
(5) Right of action
5 (1) Franchisor's obligation to disclose
(2) Timing
(3) Timing when not delivered as one document
(4) Delivery methods
(5) Contents of disclosure document
(6) Disclosure re mediation, arbitration
(7) Statement of material change
(8) Timing
(9) Information to be accurate, clear, concise
(10) Substantial compliance
(11) Non-application
(12) Interpretation — franchise agreement
(13) Exception re interpretation of franchise agreement
(14) Interpretation — fully refundable deposit not included
(15) Exception
(16) Interpretation — grant effected by or through franchisor
6 (1) Rescission
(2) Rescission for no disclosure
(3) Notice of rescission
(4) Effective date of rescission
(5) Franchisor's obligations on rescission
ACTIONS AND DEFENCES
7 (1) Damages for misrepresentation, failure to disclose
(2) Deemed reliance on misrepresentation
(3) Deemed reliance on disclosure document
(4) Defence re franchisee's knowledge
(5) Defence re person's lack of knowledge
JOINT AND SEVERAL LIABILITY
8 (1) Breach re duty of fair dealing
(2) Breach re right to associate
(3) Breach re misrepresentation, failure to disclose
GENERAL
9 No derogation of other rights
10 (1) Attempt to affect jurisdiction void
(2) Exception
11 Rights cannot be waived
12 Burden of proof
13 Crown bound
REGULATIONS
14 (1) Regulations
(2) General or specific application
(3) Public consultation in regulation development
C.C.S.M. REFERENCE AND COMING INTO FORCE
15 C.C.S.M. reference
16 Coming into force