Appendix 1: Franchises Act

AuthorFrank Zaid
ProfessionSenior Partner Osler, Hoskin & Harcourt LLP
Pages357-381
APPENDIX 1
FR ANCHISESACT
R.S.A. 2000, CHAPTER F23
Table of Contents
1Interpretation
Purpose and Application
2Purpose statement
3Application of Act
Disclosure Document
4Giving of document to franchisee
Exemptions
5Statutory exemptions
6Further exemptions
Fair Dealing
7Fair dealing
Right to Associate
8Franchisee’s right to associate
Damages, Cancellation and Other Rights and Remedies
9Misrepresentation in disclosure document
10 Defence to liability
11 Contravention of right to associate
12 Joint and several liability
357
FRA NCHISE LAW358
13 Failure to give disclosure document
14 Effect of cancellation
15 Other remedies
16 Alberta law
17 Limit on jurisdictional choice
18 Waiver of rights
19 Burden of proof
General Regulations
20 Regulations
Self-government
21 Self-government
Transitional Provisions
22 Transitional
HER MAJESTY, by and with the advice and consent of the Legisla-
tive Assembly of Alberta, enacts as follows:
Interpretation
1(1) In this Act,
(a) “disclosure document” means a disclosure document required to
be given under section 4 and includes any changes required to be
given under section 4(4);
(b) “former Act” means the Franchises Act, RSA 1980 cF-17, as it read
immediately before October 31, 1995;
(c)“fractional franchise” means a franchise granted 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;
(d) “franchise” means a right 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 substa ntially associated wit h a trademark, service mark,
trade name, logotype or advertising of the franchisor or its as-
sociate or designating the franchisor or its associate, and
(iii) that involves

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