Fourth Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 15
Section |
Table of Contents |
| 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 |