Acts and Regulations

2014, c.111 - Franchises Act

Full text
Dispute resolution
8(1)A party to a franchise agreement who has a dispute with one or more other parties to the agreement may deliver to the party or parties with whom the party has a dispute a notice of dispute setting out
(a) the nature of the dispute, and
(b) the desired outcome of the dispute.
8(2)Within 15 days after delivery of the notice of dispute, the parties to the dispute shall attempt to resolve the dispute.
8(3)If the parties to the dispute fail to resolve the dispute under subsection (2), a party to the dispute, within 30 days after delivery of the notice of dispute but not before the expiry of the 15 days for resolving the dispute under subsection (2), may deliver a notice to mediate to all the parties to the franchise agreement.
8(4)A notice of dispute or a notice to mediate may be delivered by a prescribed method.
8(5)On delivery of a notice to mediate under subsection (3), the parties to the dispute shall follow the rules set out in the regulations respecting mediation.
8(6)No person shall disclose or be compelled to disclose in a proceeding before a court, tribunal or arbitrator information acquired, an opinion disclosed or a document, offer or admission made in anticipation of, during or in connection with the mediation of a dispute under this section.
8(7)Subsection (6) does not apply to
(a) anything that the parties agree in writing may be disclosed,
(b) an agreement to mediate,
(c) a document respecting the costs of the mediation,
(d) a settlement agreement made in resolution of all or some of the issues in dispute, or
(e) any information that does not directly or indirectly identify the parties or the dispute and that is disclosed for research or statistical purposes only.
8(8)Subsection (6) does not apply to information disclosed to a court as permitted or required under the regulations.
8(9)Nothing in subsection (6) precludes a party from introducing into evidence in a proceeding before a court, tribunal or arbitrator information acquired, an opinion disclosed or a document, offer or admission made in anticipation of, during or in connection with the mediation that is otherwise producible or compellable in the proceeding.
8(10)Delivery of a notice of dispute or notice to mediate under this section does not preclude a party to a franchise agreement from taking another measure in relation to the subject matter of the dispute.
2007, c.F-23.5, s.8