Appendix 2: Arthur Wishart Act (Franchise Disclosure), 2000

• Author: Frank Zaid
• Profession: Senior Partner Osler, Hoskin & Harcourt LLP
• Pages: 382-411

APPENDIX 2

ARTHUR WISHART

ACT FRANCHISE

DISCLOSURE, 2000

S.O. 2000, CHAPTER 3

Notice of Currenc y:* This document is up to date.

* This notice is usually c urrent to within two business days of ac-

cessing thi s document. For more current amendment information, see

the Table of Public Statutes — Legislative Histor y Overview.

Amended by: 2001, c. 9, Sched. D, s. 1.

Def‌initions

1.(1)In this Act,

“disclosure document” means the disclosure document required by

section 5; (“document d’information”)

“franchise” mean s a right to engage in a business where the franchisee

is required by contract or other wise to make a payment or continu-

ing payments, whether direct or ind irect, or a commitment to make

such payment or payments, to the franchisor, or the franchisor’s

associate, in t he course of operating the business or as a condition

of acquiring the franch ise or commencing operations and,

(a) in whic h,

(i) the franchisor grants the franchisee the right to sell, offer

for sale or distribute goods or ser vices that are substan-

tially associated with the franchisor’s, or the franchisor’s

382

Appendix 2: Arthur W ishart Act, S.O. 2000, c. 3 383

associate’s, trade-mark, service mark, trade name, logo or

advertising or other commercial symbol, and

(ii) the franchisor or the f ranchisor’s associate exercises sig-

nif‌icant control over, or offers signif‌icant assistance in,

the franchisee’s method of operation, including bui lding

design and fur nishings, locations, business organi zation,

marketing techniques or training, or

(b) in which,

(i) the franchisor, or the franchisor’s associate, grants the fran-

chisee the represent ational or distribution rights, whether

or not a trade-mark, service ma rk, trade name, logo or ad-

vertising or other commercial symbol is involved, to sell,

offer for sale or distribute goods or ser vices supplied by the

franchisor or a supplier designated by the franchi sor, and

(ii) the franchisor, or the franchisor’s associate, or a third per-

son designated by t he franchisor, provides location assi st-

ance, including securing retail outlets or accounts for the

goods or services to b e sold, offered for sale or distributed

or securing locations or sites for vending machines, dis -

play racks or other product sales d isplays used by the fran-

chisee; (“franchise”)

“franchise agreement” means any agreement that relates to a franchise

between,

(a) a franchisor or franchisor’s associate, and

(b) a franchisee; (“contrat de franchisage”)

“franchisee” mean s a person to whom a franchise i s granted and in-

cludes,

(a) a subfranchisor wit h regard to that subfranchisor’s relationship

with a franchi sor, and

(b) a s ubfranchisee with regard to that subfra nchisee’s relationship

with a subfranchisor; (“franchisé”)

“franchise system” includes,

(a) the marketi ng, marketing plan or busine ss plan of the franchise,

(b) t he use of or association with a trade-mark, ser vice mark, trade

name, logo or advertising or other commercial s ymbol,

(c) the obligations of the franchisor and franchisee with regard to

the operation of the business operated by the franchisee under

the franchise ag reement, and

(d) the goodwill associated with the franchise; (“système de fran-

chise”)