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British Columbia – BILL 38 – 2015, Franchises Act Passes 3rd Reading

We previously reported that on October 5, 2015, the Government of British Columbia (BC Government) introduced Bill 38 – 2015, Franchises Act (Franchises Act) that would make it the sixth province in Canada to regulate franchising along with the provinces of Alberta, Ontario, Manitoba, New Brunswick and Prince Edward Island.

Franchise vs Start-Up

It is often said that starting a franchise business has its advantages, a proven business model, ongoing training and support, and an established brand. Here are a few more advantages that franchisees take the benefit of when joining a franchise system.

NLRB’s ‘Joint Employer’ Decision Could Lead to Headaches for Franchisors

Franchisee employees may be considered “joint employees” of the franchisor for purposes of collective bargaining and other employment issues under the National Labor Relations Board’s recent decision in Browning Ferris Industries of California, Inc. (BFI), a decision that could expose franchisors to labor law liability for conducting common franchisor activities.

Adopting a Strategic Intellectual Property Program

It is well established that the intellectual property (“IP”) of a franchise brand is one of its most valuable assets. Trademark registration is typically one of the first steps franchisors take to protect their brand in a given jurisdiction.

Watch the Extra Step… When Crossing the Resale Exemption Path

Section 5(7)(a)(iv) of the Arthur Wishart Act (Franchise Disclosure) 2000 (“AWA”) states that disclosure obligations do not apply to a franchisor in circumstances where there is a grant of a franchise by an existing franchisee to another person if the grant of the franchise is not effected by or through the franchisor