British Columbia Franchise Laws Come into Effect
On February 1, 2017, the British Columbia Franchises Act and Regulations came into effect making British Columbia the sixth province in Canada with franchise legislation.
On February 1, 2017, the British Columbia Franchises Act and Regulations came into effect making British Columbia the sixth province in Canada with franchise legislation.
Franchise systems present a valuable investment proposition for both strategic and financial purchasers. Entrepreneurs seeking out their next business venture, manufacturers in need of a distribution network for their products or services, and competitors looking to take advantage of synergies, economies of scale, expanded offerings, or growing market share – in each case – can achieve those investment goals through the acquisition of a franchise system.
British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC).
Since the height of the financial crisis in 2008, the merger and acquisition deal flow has been patchy and fragmented.
This Q&A chapter provides an overview of the main practical issues concerning local and international franchising, including: current market activity; franchising regulatory framework; contractual issues…
Continue Reading… Practical Law – Q&A Guide to Franchising in Canada
Franchising has become one of the most popular business expansion options, one that is particularly effective when developing into international markets. Franchises that grow with a well-structured system, a thoroughly thought out plan, and exceptional legal documents have the best chance of success.
In September 2015 a new government was elected in Canada on a platform of significant change. Its first budget, tabled in March, outlines a plan for implementation of that change. A significant part of the budget – upwards of $3 billion CAD – is committed to the encouragement of innovation.
After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its franchise disclosure document electronically and by prepaid courier.
Most franchise agreements include a non-competition covenant preventing a franchisee from competing with the franchisor during the term, and in many cases after the term of the agreement.
One of the recent concerns for both franchisors and franchisees in the US has been the uncertainty created by regulatory efforts to have franchisors held liable as a “joint employer” of the employees of their franchisees. Most prominent of these efforts has been the National Labor Relations Board’s (“NLRB”) actions asserting that McDonald’s is a joint employer of its franchisees’ employees.