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S.M. 2010, c. 13
Bill 15, 4th Session, 39th Legislature
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 | |