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22 June 2010
Manitoba's Entrepreneurship, Training and Trade Minister Peter Bjornson recently introduced for first reading by Parliament Government Bill 15 (The Franchises Act), which is Manitoba's draft franchise legislation. According to the explanatory note contained in Bill 15, the legislation, which is intended to be of public order, is modelled on the Uniform Franchises Act that was prepared by the Uniform Law Conference of Canada. It calls for:
Fortunately, for the time being, as presented for first reading, the legislation does not specifically regulate the terms of the franchise relationship beyond the duty of fair dealing and the franchisee's right to associate. This is contrary to what was originally recommended by the Manitoba Law Reform Commission in the initial draft of this legislation. This proposed legislation will require three readings in order to become law in Manitoba.
Manitoba is the fifth Canadian province to enact legislation to regulate franchise relationships. At present, Alberta, Ontario, New Brunswick and Prince Edward Island have adopted franchise legislation (for further details please see "Franchise-specific legislation in the provinces").
For further information on this topic please contact Bruno Floriani or Samara Sekouti at Lapointe Rosenstein Marchand Melançon LLP by telephone (+1 514 925 6300), fax (+1 514 925 9001) or email (firstname.lastname@example.org or email@example.com).
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