Appendix 1: Franchises Act

AuthorFrank Zaid
ProfessionSenior Partner Osler, Hoskin & Harcourt LLP
R.S. A. 2000, CHAPTER F23
Table of Contents
Purpose and Application
2Purpose statement
3Application of Act
Disclosure Document
4Giving of document to franchis ee
5Statutory exemptions
6Further exemptions
Fair Dealing
7Fair dealing
Right to Associate
8Franchisee’s right to associ ate
Damages, Cancellation and Other Rights and Remedies
9Misrepresentation in d isclosure document
10 Defence to liability
11 Contravention of right to associate
12 Joint and several liability
13 Failure to give disclosure document
14 Effect of cancellation
15 Other remedies
16 Alberta law
17 Limit on ju risdic tional choice
18 Waiver of rights
19 Burden of proof
General Regulations
20 Regulations
Self-governm ent
21 Self-government
Transitional Provisions
22 Transitional
HER MAJESTY, by and with the advice and consent of the Legisla-
tive Assembly of Albert a, enacts as follows:
Interpreta tion
1(1) In this Act,
(a) “disclosure document” means a disclosure document required to
be given under section 4 and includes any cha nges required to be
given under section 4(4);
(b) “former Act” me ans the Fra nchise s Act, RSA 1980 cF-17, as it read
immediately before October 31, 1995;
(c) “fractional fra nchise” means a franch ise granted to a person to sel l
goods or services w ithin a busines s in which that person has a n
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) “franch ise” means a right to engage in a busines s
(i) in which goods or serv ices are sold or offered for sale or are
distributed under a marketing or business plan pre scribed in
substantial part by the franchi sor or its associate,
(ii) that is substa ntially associated wit h a trademark, service mark,
trade name, logotype or advert ising of the franchi sor or its as-
sociate or designati ng the franchisor or its a ssociate, and
(iii) that involves

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