Acts and Regulations

2014, c.111 - Franchises Act

Section 2
Disposition versions

Full text
Application
2(1)This Act binds the Crown.
2(2)This Act applies with respect to
(a) a franchise agreement entered into on or after February 1, 2011, if the business operated or to be operated by the franchisee under the agreement is partly or wholly in New Brunswick, and
(b) a renewal or extension entered into on or after February 1, 2011, of a franchise agreement that was entered into before or after February 1, 2011, if the business operated or to be operated by the franchisee under the agreement is partly or wholly in New Brunswick.
2(3)Sections 3 and 4, paragraph 5(8)(d) and sections 8, 10, 11, 12 and 13 apply with respect to a franchise agreement entered into before February 1, 2011, if the business operated or to be operated by the franchisee under the franchise agreement is partly or wholly in New Brunswick.
2(4)This Act does not apply to
(a) an employer-employee relationship,
(b) a partnership,
(c) membership in
(i) an organization operated on a cooperative basis by and for independent retailers that
(A) purchases or arranges the purchase of, on a non-exclusive basis, wholesale goods or services primarily for resale by its member retailers, and
(B) does not grant representational rights to or exercise significant operational control over its member retailers,
(ii) a cooperative corporation as defined under subsection 136(2) of the Income Tax Act (Canada) or as it would be defined under that subsection in the absence of paragraph 136(2)(c),
(iii) a cooperative incorporated under the Canada Cooperatives Act (Canada), or
(iv) a cooperative incorporated or continued under the Cooperatives Act,
(d) an arrangement arising from an agreement to use a trademark, 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,
(e) an arrangement arising from an agreement between a licensor and a single licensee to license a specific trademark, trade name, logo or advertising or other commercial symbol if the licence is the only one of its general nature and type to be granted in Canada by the licensor with respect to that trademark, trade name, logo or advertising or other commercial symbol,
(f) a relationship or arrangement arising out of an oral agreement if there is no writing that evidences a material term or aspect of the relationship or arrangement, or
(g) an arrangement arising out of an agreement
(i) for the purchase and sale of a reasonable amount of goods at a reasonable wholesale price, or
(ii) for the purchase of a reasonable amount of services at a reasonable price.
2007, c.F-23.5, s.2; 2019, c.24, s.187
Application
2(1)This Act binds the Crown.
2(2)This Act applies with respect to
(a) a franchise agreement entered into on or after February 1, 2011, if the business operated or to be operated by the franchisee under the agreement is partly or wholly in New Brunswick, and
(b) a renewal or extension entered into on or after February 1, 2011, of a franchise agreement that was entered into before or after February 1, 2011, if the business operated or to be operated by the franchisee under the agreement is partly or wholly in New Brunswick.
2(3)Sections 3 and 4, paragraph 5(8)(d) and sections 8, 10, 11, 12 and 13 apply with respect to a franchise agreement entered into before February 1, 2011, if the business operated or to be operated by the franchisee under the franchise agreement is partly or wholly in New Brunswick.
2(4)This Act does not apply to
(a) an employer-employee relationship,
(b) a partnership,
(c) membership in
(i) an organization operated on a cooperative basis by and for independent retailers that
(A) purchases or arranges the purchase of, on a non-exclusive basis, wholesale goods or services primarily for resale by its member retailers, and
(B) does not grant representational rights to or exercise significant operational control over its member retailers,
(ii) a cooperative corporation as defined under subsection 136(2) of the Income Tax Act (Canada) or as it would be defined under that subsection in the absence of paragraph 136(2)(c),
(iii) a cooperative incorporated under the Canada Cooperatives Act (Canada), or
(iv) an association incorporated under the Co-operative Associations Act,
(d) an arrangement arising from an agreement to use a trademark, 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,
(e) an arrangement arising from an agreement between a licensor and a single licensee to license a specific trademark, trade name, logo or advertising or other commercial symbol if the licence is the only one of its general nature and type to be granted in Canada by the licensor with respect to that trademark, trade name, logo or advertising or other commercial symbol,
(f) a relationship or arrangement arising out of an oral agreement if there is no writing that evidences a material term or aspect of the relationship or arrangement, or
(g) an arrangement arising out of an agreement
(i) for the purchase and sale of a reasonable amount of goods at a reasonable wholesale price, or
(ii) for the purchase of a reasonable amount of services at a reasonable price.
2007, c.F-23.5, s.2