Category: Franchising

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

Now in Effect: British Columbia’s Franchises Act

February 9, 2017

On February 1, 2017, British Columbia’s Franchises Act (B.C. Act) and Franchises Regulation (Regulation) came into force. Although the B.C. Act follows other provincial franchise legislation closely, including with respect to its provisions regarding disclosure, misrepresentation and the duty of fair dealing imposed on both franchisors and franchisees, there are certain key differences. The substantial similarity between the B.C. Act…

Amendments to Ontario’s Calorie Disclosure Requirements

October 12, 2016

Ontario’s Ministry of Health and Long Term Care recently announced amendments to the regulations (Regulations) under the Healthy Menu Choices Act, 2015 (Act), which, among other things, add new categories of items exempt from the Act’s labelling requirements. These amendments were made to clarify and provide further guidance on the Act. The Regulations have now been finalized and set out…

Let’s Eat: New Calorie Disclosure Requirements Coming to an Ontario Restaurant Near You

September 26, 2016

Big changes are coming to Ontario’s restaurant landscape. As of January 1, 2017, the Healthy Menu Choices Act (Act) will require food service chains with 20 or more locations in Ontario to disclose calorie information for most standard food and drink items on menus, labels, tags and signage. The changes will require many in the food service sector to implement…

Legislative Update: Electronic Disclosure to Prospective Franchisees Coming to Ontario July 1, 2016

June 17, 2016

Effective July 1, 2016, Ontario will permit disclosure documents required under the Arthur Wishart Act (Franchise Disclosure), 2000 (Act) to be delivered electronically to prospective franchisees. The Act provides that a disclosure document may be delivered personally, by registered mail or by any other prescribed method. In the 16 years since the Act was passed, no other permissible method of…

Quebec Publishes Draft Regulations Requiring the Presence of French on Outdoor Signs

May 10, 2016

On May 4, 2016, the Government of Quebec published proposed Regulations that aim to ensure there is “a sufficient presence of French” on the outdoor signage of establishments on which trademarks appear in a language other than French. These proposed Regulations would amend current Regulations under the Charter of the French Language (Charter) and would require Quebec businesses using non-French…

British Columbia Modernizes Franchise Law

November 23, 2015

On November 17, 2015, Bill 38, the British Columbia Franchises Act (B.C. Act), received royal assent. The B.C. Act provides a substantially similar regime to franchise legislation in other Canadian jurisdictions; as such, although this is a significant change in the regulation of franchises in B.C., we anticipate only a minor impact on franchises operating in multiple provinces, including British…

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

February 17, 2015

  A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.   In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged…

Sign Language: Quebec Court Rules on English-only Trade-mark Use in Public Signs

April 15, 2014

  On April 9, 2014 the Superior Court of Québec issued a long-awaited decision sought by various retailers who challenged the interpretation of Quebec’s language legislation by the Office Québécois de la langue française (OQLF) in relation to the use of trade-marks in a language other than French on storefront signs. In Magasins Best Buy ltée c. Québec (Procureur général), the…