Appendix: Provincial Franchise Laws in Canada (as of April 2017)

• Pages: 407-527

Websites Listing Provincial Statutes

Alberta

a. Franchises Act, RSA 2000, c F-23 - http://canlii.ca/t/j8qr

i. Franchises Regulation, Alta Reg 240/1995 -

http://canlii.ca/t/52jdm

ii. Franchises Act Exemption Regulation, Alta Reg 312/2000 -

http://canlii.ca/t/52tv8

British Columbia

a. Franchises Act, SBC 2015, c 35 - http://canlii.ca/t/52w95

i. Franchises Regulation, BC Reg 238/2016 - http://canlii.ca/t/52tv0

Manitoba

a. The Franchises Act, CCSM c F156 - http://canlii.ca/t/51wps

i. Franchises Regulation, Man Reg 29/2012 - http://canlii.ca/t/lg6q

New Brunswick

a. Franchises Act, SNB 2014, c 111 - http://canlii.ca/t/52dnt

i. Disclosure Document Regulation, NB Reg 2010-92 -

http://canlii.ca/t/ktwg

ii. Mediation Regulation, NB Reg 2010-93 - http://canlii.ca/t/ktwh

Ontario

a. Arthur Wishart Act (Franchise Disclosure), 2000, SO 2000, c 3 -

http://canlii.ca/t/kq2q

i. General, O Reg 581/00 - http://canlii.ca/t/52rm0

Prince Edward Island

a. Franchises Act, RSPEI 1988, c F-14.1 - http://canlii.ca/t/52kjm

i. Franchises Act Regulations, PEI Reg EC232/06 - http://canlii.ca/t/k485

Appendix:

Provincial Franchise Laws in Canada

(as of April 2017)

Table of Concordance

407

408 Appendix

TOPIC PRINCE EDWARD ISLAND

NEW BRUNSWICK ONTARIO MANITOBA BRITISH COLUMBIA ALBERTA

Franchises Acts

Title of Statute Franchises Act, R.S.P.E.I. 1988,

c. F-14.1

Franchises Act, R.S.N.B. 2014, c.

111

Arthur Wishart Act (Franchise

Disclosure), 2000, S.O. 2000, c.

3

The Franchises Act, C.C.S.M., c.

F156

Franchises Act, S.B.C. 2015, c.

35

Franchises Act, R.S.A. 2000, c.

F-23

BE IT ENACTED by the

Lieutenant Governor and the

Legislative Assembly of the

Province of Prince Edward

Island as follows:

HER MAJESTY, by and with the

advice and consent of the

Legislative Assembly of

Manitoba, enacts as follows:

HER MAJESTY, by and with the

advice and consent of the

Legislative Assembly of the

Province of British Columbia,

enacts as follows:

HER MAJESTY, by and with the

advice and consent of the

Legislative Assembly of Alberta,

enacts as follows:

Definitions and

Interpretation

1. (1) In this Act 1(1) The following definitions

apply in this Act.

1. (1) In this Act, 1(1) The following definitions

apply in this Act.

1 (1) In this Act: 1(1) In this Act,

͞ŽŵŵŝƐƐŝŽŶ͟ ͞ŽŵŵŝƐƐŝŽŶ͟ŵĞĂŶƐ the

Financial and Consumer

Services Commission

continued under the Financial

and Consumer Services

Commission Act. (Commission)

͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟ (a) ͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟

means the disclosure

document required by

section 5;

͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟ŵĞĂŶƐ

the disclosure document

required by section 5.

;ĚŽĐƵŵĞŶƚĚ͛ŝŶĨŽƌŵĂƚŝŽŶͿ

͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟ŵĞĂŶƐ

the disclosure document

required by section 5;

;͞ĚŽĐƵŵĞŶƚĚ͛ŝŶĨŽƌŵĂƚŝŽŶ͟Ϳ

͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟ŵĞĂŶƐ

the disclosure document

required by section 5.

(« document Ě͛ŝŶĨŽƌŵĂƚŝŽŶͩͿ

͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟ŵĞĂŶƐ

a disclosure document

required by section 5;

(a) ͞ĚŝƐĐůŽƐƵƌĞĚŽĐƵŵĞŶƚ͟

means a disclosure

document required to be

given under section 4 and

includes any changes

required to be given under

section 4(4);

͞ĨŽƌŵĞƌĐƚ͟ (b) ͞ĨŽƌŵĞƌĐƚ͟ŵĞĂŶƐƚŚĞ

Franchises Act, RSA 1980

cF-17, as it read

immediately before

October 31, 1995;

͞ĨƌĂĐƚŝŽŶĂůĨƌĂŶĐŚŝƐĞ͟ (c) ͞ĨƌĂĐƚŝŽŶĂůĨƌĂŶĐŚŝƐĞ͟

means a franchise granted

Provincial Franchise Laws in Canada 409

TOPIC PRINCE EDWARD ISLAND

NEW BRUNSWICK ONTARIO MANITOBA BRITISH COLUMBI A

ALBERTA

Franchises Acts

to a person to sell goods or

services within a business

in which that person has an

interest, the sales arising

from which, as anticipated

by the parties or that

should be anticipated by

the parties at the time the

franchise is entered into,

do not exceed, in relation

to the total sales of the

business, the percentage

prescribed by the

regulations;

͞ĨƌĂŶĐŚŝƐĞ͟ (b) ͞ĨƌĂŶĐŚŝƐĞ͟ŵĞĂŶƐĂƌŝŐŚƚ

to engage in a business

where the franchisee is

required by contract or

otherwise to make a

payment or continuing

payments, whether direct

or indirect, or a

commitment to make such

payment or payments, to

the franchisor or the

ĨƌĂŶĐŚŝƐŽƌ͛ƐĂƐƐŽĐŝĂƚĞŝŶ

the course of operating

the business or as a

condition of acquiring the

franchise or commencing

operations and,

͞ĨƌĂŶĐŚŝƐĞ͟means a right to

engage in a business in which

the franchisee is required by

contract or otherwise to make

a payment or continuing

payments, whether direct or

indirect, or a commitment to

make the payment or

payments, to the franchisor or

ƚŚĞĨƌĂŶĐŚŝƐŽƌ͛ƐĂƐƐŽĐŝĂƚĞŝŶ

the course of operating the

business or as a condition of

acquiring the franchise or

commencing operations, and

(franchise)

͞ĨƌĂŶĐŚŝƐĞ͟ŵĞĂŶƐĂƌŝŐŚƚƚŽ

engage in a business where

the franchisee is required by

contract or otherwise to make

a payment or continuing

payments, whether direct or

indirect, or a commitment to

make such payment or

payments, to the franchisor,

ŽƌƚŚĞĨƌĂŶĐŚŝƐŽƌ͛ƐĂƐƐŽĐŝĂƚĞ͕

in the course of operating the

business or as a condition of

acquiring the franchise or

commencing operations and,

͞ĨƌĂŶĐŚŝƐĞ͟ŵĞĂŶƐĂƌŝŐŚƚƚŽ

engage in a business in which

the franchisee is required by

contract or otherwise to make

a payment or continuing

payments (whether direct or

indirect) or a commitment to

make that payment or those

payments to the franchisor or

ƚŚĞĨƌĂŶĐŚŝƐŽƌ͛ƐĂƐƐŽĐŝĂƚĞŝŶƚŚĞ

course of operating the

business or as a condition of

acquiring the franchise or

commencing operations, and

͞ĨƌĂŶĐŚŝƐĞ͟ŵĞĂŶƐĂƌŝŐŚƚto

engage in a business in which

a franchisee is required by

contract or otherwise to

make a payment or

continuing payments,

whether direct or indirect, or

a commitment to make that

payment or those payments,

to a franchisor, or a

franchisor's associate, in the

course of operating the

business or as a condition of

acquiring the franchise or

commencing operations, and

(d) ͞ĨƌĂŶĐŚŝƐĞ͟ŵĞĂŶƐĂƌŝŐŚƚ

to engage in a business

(i) in which goods or

services are sold or

offered for sale or are

distributed under a

marketing or business

plan prescribed in

substantial part by the

franchisor or its

associate,

(ii) that is substantially

associated with a

trademark, service

mark, trade name,

logotype or advertising

of the franchisor or its

associate or

designating the

franchisor or its

associate, and

(iii) that involves

(A) a continuing

(i) in which (a) in which (a) in which, (a) in which (a) in which

(A) the franchisor grants (i) the franchisor grants (i) the franchisor grants (i) the franchisor grants (i) the franchisor grants