As we recently wrote about here and here, BC will soon become the sixth Canadian province to enact uniform franchise legislation. On October 20, 2015, Bill 38 – Franchises Act passed Third Reading in the BC Legislature. The Provincial Government is now seeking input on the Franchise Act (Disclosure) Regulation (the "Regulation"). The legislation will come into force only after the Regulation is complete. The following is a summary of what to expect from the Regulation.
The proposed Regulation will specify what information must be included in a disclosure document and the methods of delivery.
Franchisors will benefit from increased certainty regarding their disclosure obligations. Further, because the Regulation will be similar to rules already in place in provinces with franchise legislation, businesses will find it easier to harmonize their operations between provinces. The Regulation will be based on the Uniform Law Conference of Canada's Disclosure Documents Regulations and the British Columbia Law Institute's draft Franchise Act (Disclosure) Regulation (see p. 133).
The Provincial Government is currently accepting feedback on the contents of the Regulation until mid-January 2016. At that time, the Ministry of Justice will review any feedback and develop recommendations for the proposed Regulation. Responses can be submitted to the Ministry of Justice, Civil Policy and Legislation Office by regular mail or email. See here, for contact details.
We are closely monitoring the development of this Regulation and will keep you informed of any developments as they arise.
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