jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
2 (1) This Act applies with respect to a franchise agreement entered into on or after the coming into force of this section, with respect to a renewal or extension of a franchise agreement entered into before or after the coming into force of this section and with respect to a business operated under such an agreement, renewal or extension if the business operated by the franchisee under the franchise agreement or its renewal or extension is to be operated partly or wholly in Ontario.  2000, c. 3, s. 2 (1). Same (2) Sections 3 and 4, clause 5 (7) (d) and sections 9, 11 and 12 apply with respect to a franchise agreement entered into before the coming into force of this section, and with respect to a business operated under such agreement, if the business operated by the franchisee under the franchise agreement is operated or is to be operated partly or wholly in Ontario.  2000, c. 3, s. 2 (2). Non-application (3) This Act does not apply to the following continuing commercial relationships or arrangements: 1. Employer-employee relationship. 2. Partnership. 3. Membership in a co-operative association, as prescribed. 4. An arrangement arising from an agreement to use a trade-mark, trade name, logo or advertising or other commercial symbol designating a person who offers on a general basis, for consideration, a service for the evaluation, testing or certification of goods, commodities or services. 5. An arrangement arising from an agreement between a licensor and a single licensee to license a specific trade-mark, trade name, logo or advertising or other commercial symbol where the licence is the only one of its general nature and type to be granted by the licensor in Canada with respect to that trade-mark, trade name, logo or advertising or other commercial symbol. 6. An arrangement arising out of a lease, licence or similar agreement whereby the franchisee leases space in the premises of another retailer and is not required or advised to buy the goods or services it sells from the retailer or an affiliate of the retailer. 7. A relationship or arrangement arising out of an oral agreement where there is no writing which evidences any material term or aspect of the relationship or arrangement. 8. A service contract or franchise-like arrangement with the Crown or an agent of the Crown.  2000, c. 3, s. 2 (3); 2017, c. 20, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 9, s. 2 (1, 2) - 14/11/2017
Fair dealing
3 (1) Every franchise agreement imposes on each party a duty of fair dealing in its performance and enforcement.  2000, c. 3, s. 3 (1). Right of action (2) A party to a franchise agreement has a right of action for damages against another party to the franchise agreement who breaches the duty of fair dealing in the performance or enforcement of the franchise agreement.  2000, c. 3, s. 3 (2). Interpretation (3) For the purpose of this section, the duty of fair dealing includes the duty to act in good faith and in accordance with reasonable commercial standards.  2000, c. 3, s. 3 (3).
Right to associate
4 (1) A franchisee may associate with other franchisees and may form or join an organization of franchisees.  2000, c. 3, s. 4 (1). Franchisor may not prohibit association (2) A franchisor and a franchisor’s associate shall not interfere with, prohibit or restrict, by contract or otherwise, a franchisee from forming or joining an organization of franchisees or from associating with other franchisees.  2000, c. 3, s. 4 (2). Same (3) A franchisor and franchisor’s associate shall not, directly or indirectly, penalize, attempt to penalize or threaten to penalize a franchisee for exercising any right under this section.  2000, c. 3, s. 4 (3). Provisions void (4) Any provision in a franchise agreement or other agreement relating to a franchise which purports to interfere with, prohibit or restrict a franchisee from exercising any right under this section is void.  2000, c. 3, s. 4 (4). Right of action (5) If a franchisor or franchisor’s associate contravenes this section, the franchisee has a right of action for damages against the franchisor or franchisor’s associate, as the case may be.  2000, c. 3, s. 4 (5).
Rescission for late disclosure
6 (1) A franchisee may rescind the franchise agreement, without penalty or obligation, no later than 60 days after receiving the disclosure document, if the franchisor failed to provide the disclosure document or a statement of material change within the time required by section 5 or if the contents of the disclosure document did not meet the requirements of section 5.  2000, c. 3, s. 6 (1). Rescission for no disclosure (2) A franchisee may rescind the franchise agreement, without penalty or obligation, no later than two years after entering into the franchise agreement if the franchisor never provided the disclosure document.  2000, c. 3, s. 6 (2). Notice of rescission (3) Notice of rescission shall be in writing and shall be delivered to the franchisor, personally, by registered mail, by fax or by any other prescribed method, at the franchisor’s address for service or to any other person designated for that purpose in the franchise agreement.  2000, c. 3, s. 6 (3). Effective date of rescission (4) The notice of rescission is effective, (a) on the day it is delivered personally; (b) on the fifth day after it was mailed; (c) on the day it is sent by fax, if sent before 5 p.m.; (d) on the day after it was sent by fax, if sent at or after 5 p.m.; (e) on the day determined in accordance with the regulations, if sent by a prescribed method of delivery.  2000, c. 3, s. 6 (4). Same (5) If the day described in clause (4) (b), (c) or (d) is a holiday, the notice of rescission is effective on the next day that is not a holiday.  2000, c. 3, s. 6 (5). Franchisor’s obligations on rescission (6) The franchisor, or franchisor’s associate, as the case may be, shall, within 60 days of the effective date of the rescission, (a) refund to the franchisee any money received from or on behalf of the franchisee, other than money for inventory, supplies or equipment; (b) purchase from the franchisee any inventory that the franchisee had purchased pursuant to the franchise agreement and remaining at the effective date of rescission, at a price equal to the purchase price paid by the franchisee; (c) purchase from the franchisee any supplies and equipment that the franchisee had purchased pursuant to the franchise agreement, at a price equal to the purchase price paid by the franchisee; and (d) compensate the franchisee for any losses that the franchisee incurred in acquiring, setting up and operating the franchise, less the amounts set out in clauses (a) to (c).  2000, c. 3, s. 6 (6).
Damages for misrepresentation, failure to disclose
7 (1) If a franchisee suffers a loss because of a misrepresentation contained in the disclosure document or in a statement of a material change or as a result of the franchisor’s failure to comply in any way with section 5, the franchisee has a right of action for damages against, (a) the franchisor; (b) the franchisor’s agent; (c) the franchisor’s broker, being a person other than the franchisor, franchisor’s associate, franchisor’s agent or franchisee, who grants, markets or otherwise offers to grant a franchise, or who arranges for the grant of a franchise; (d) the franchisor’s associate; and (e) every person who signed the disclosure document or statement of material change. 2000, c. 3, s. 7 (1). Deemed reliance on misrepresentation (2) If a disclosure document or statement of material change contains a misrepresentation, a franchisee who acquired a franchise to which the disclosure document or statement of material change relates shall be deemed to have relied on the misrepresentation.  2000, c. 3, s. 7 (2). Deemed reliance on disclosure document (3) If a franchisor failed to comply with section 5 with respect to a statement of material change, a franchisee who acquired a franchise to which the material change relates shall be deemed to have relied on the information set out in the disclosure document.  2000, c. 3, s. 7 (3). Defence (4) A person is not liable in an action under this section for misrepresentation if the person proves that the franchisee acquired the franchise with knowledge of the misrepresentation or of the material change, as the case may be. 2000, c. 3, s. 7 (4). Same (5) A person, other than a franchisor, is not liable in an action under this section for misrepresentation if the person proves, (a) that the disclosure document or statement of material change was given to the franchisee without the person’s knowledge or consent and that, on becoming aware of its having been given, the person promptly gave written notice to the franchisee that it was given without that person’s knowledge or consent; (b) that, after the disclosure document or statement of material change was given to the franchisee and before the franchise was acquired by the franchisee, on becoming aware of any misrepresentation in the disclosure document or statement of material change, the person withdrew consent to it and gave written notice to the franchisee of the withdrawal and the reasons for it; or (c) that, with respect to any part of the disclosure document or statement of material change purporting to be made on the authority of an expert or purporting to be a copy of or an extract from a report, opinion or statement of an expert, the person had no reasonable grounds to believe and did not believe that, (i) there had been a misrepresentation, (ii) the part of the disclosure document or statement of material change did not fairly represent the report, opinion or statement of the expert, or (iii) the part of the disclosure document or statement of material change was not a fair copy of or extract from the report, opinion or statement of the expert.  2000, c. 3, s. 7 (5).
Joint and several liability
8 (1) All or any one or more of the parties to a franchise agreement who are found to be liable in an action under subsection 3 (2) or who accept liability with respect to an action brought under that subsection are jointly and severally liable.  2000, c. 3, s. 8 (1). Same (2) All or any one or more of a franchisor or franchisor’s associates who are found to be liable in an action under subsection 4 (5) or who accept liability with respect to an action brought under that subsection are jointly and severally liable.  2000, c. 3, s. 8 (2). Same (3) All or any one or more of the persons specified in subsection 7 (1) who are found to be liable in an action under that subsection or who accept liability with respect to an action brought under that subsection are jointly and severally liable.  2000, c. 3, s. 8 (3).
No derogation of other rights
9 The rights conferred by this Act are in addition to and do not derogate from any other right or remedy a franchisee or franchisor may have at law.  2000, c. 3, s. 9.
Attempt to affect jurisdiction void
10 Any provision in a franchise agreement purporting to restrict the application of the law of Ontario or to restrict jurisdiction or venue to a forum outside Ontario is void with respect to a claim otherwise enforceable under this Act in Ontario.  2000, c. 3, s. 10.
Rights cannot be waived
11 Any purported waiver or release by a franchisee of a right given under this Act or of an obligation or requirement imposed on a franchisor or franchisor’s associate by or under this Act is void.  2000, c. 3, s. 11.
Burden of proof
12 In any proceeding under this Act, the burden of proving an exemption or an exclusion from a requirement or provision is on the person claiming it.  2000, c. 3, s. 12.
Exemption
13 (1) Repealed:  2000, c. 3, s. 13 (7). Same (2) If a franchisor meets the criteria prescribed for the purpose of this subsection, the Lieutenant Governor in Council may, by regulation, exempt the franchisor from the requirement to include specified financial information in a disclosure document, subject to the terms and conditions set out in the exempting regulation.  2000, c. 3, s. 13 (2). General or specific (3) A regulation made under this section may be general or specific in its application.  2000, c. 3, s. 13 (3). Revocation of exemption (4) A regulation made under this section may be revoked if the franchisor no longer meets the prescribed criteria or if the franchisor asks that the exemption be revoked.  2000, c. 3, s. 13 (4). Statutory Powers Procedure Act does not apply (5) The Statutory Powers Procedure Act does not apply to a decision under this section to grant or to refuse to grant an exemption, to impose terms and conditions on an exemption or to revoke an exemption.  2000, c. 3, s. 13 (5). (6), (7) Repealed:  2009, c. 33, Sched. 10, s. 1 (2). Section Amendments with date in force (d/m/y) 2000, c. 3, s. 13 (7) - 01/07/2005 2009, c. 33, Sched. 10, s. 1 (2) - 15/12/2009
Regulations
14 (1) The Lieutenant Governor in Council may make regulations, (a) defining co-operative association for the purpose of paragraph 3 of subsection 2 (3); (a.1) prescribing an amount for the purpose of subclause 5 (1) (b) (i) or (5) (b) (i); (b) prescribing types of changes that constitute a material change; (c) prescribing material facts for the purpose of clause 5 (4) (a); (d) prescribing the financial statements to be included in the disclosure document; (e) prescribing statements for the purpose of clause 5 (4) (d); (f) prescribing other information and copies of documents to be included in the disclosure document; (f.1) prescribing the information to be included in a statement of material change for the purpose of subsection 5 (5.1); (g) prescribing a percentage of sales for the purpose of clause 5 (7) (e); (h) prescribing a manner or an amount for the purpose of subclause 5 (7) (g) (i) or clause 5 (7) (h); (i)  Repealed: 2017, c. 20, Sched. 9, s. 4 (2). (j) prescribing methods of delivery for the purposes of subsections 5 (2) and 6 (3), and prescribing rules surrounding the use of such methods, including the day on which a notice of rescission delivered by such methods is effective for the purpose of clause 6 (4) (e); (k) prescribing criteria for the purposes of subsections 13 (1) and (2); (k.1) defining, for the purposes of this Act, any word or expression used in this Act that has not already been expressly defined in this Act; (l) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act. 2000, c. 3, s. 14 (1); 2001, c. 9, Sched. D, s. 1; 2017, c. 20, Sched. 9, s. 4. General or specific (2) A regulation made under subsection (1) may be general or specific in its application. 2000, c. 3, s. 14 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 1 - 29/06/2001 2017, c. 20, Sched. 9, s. 4 (1, 2) - 01/09/2020 15 Omitted (provides for coming into force of provisions of this Act).  2000, c. 3, s. 15. 16 Omitted (enacts short title of this Act).  2000, c. 3, s. 16. ____________________________  Français
General or specific
15 Omitted (provides for coming into force of provisions of this Act).  2000, c. 3, s. 15. 16 Omitted (enacts short title of this Act).  2000, c. 3, s. 16. ____________________________  Français
General or specific
16 Omitted (enacts short title of this Act).  2000, c. 3, s. 16. ____________________________  Français