New Brunswick Joins other Provinces with Franchise Legislation
By: Debi M. Sutin
The grant of franchises in the Province of New Brunswick will be subject to regulation in early 2011, joining the Provinces of Ontario, Alberta and Prince Edward Island with pre-sale disclosure legislation in Canada. More than a year after releasing its Consultation Paper on proposed Regulations to the New Brunswick Franchises Act (“Act”), final Regulations were approved by Cabinet and are to come into force on February 1, 2011. Like the Alberta and Prince Edward Island franchise laws, the Act allows for the use of a disclosure document prepared for use in another jurisdiction provided that additional information is included, through what is generally called a wrap-around document, in order to comply with the requirements of the Act.
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New Workplace Violence Prevention Law Now in Effect
By: Norm Keith B.A., L.L.B, CRSP and Cathy Chandler
Employers in Ontario now must comply with the new Workplace Violence Prevention law. The Occupational Health and Safety Act (the "Act") has been amended to prevent and manage workplace violence and harassment. These changes to the Act came into effect and are enforceable as of June 15, 2010.
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Who, What, Where and When
- Congratulations to Ned Levitt who was awarded by the Canadian Franchise Association the “Life Time Achievement Award” for his work in franchising. This award was presented to Ned Levitt at the CFA Annual Convention in Mt. Tremblant in May 2010.
- Len Polsky, Ned Levitt, Debi Sutin, Jeff Hoffman, Peter Snell and Chad Finkelstein will be attending the American Bar Association Forum on Franchising October 13-15, 2010 in San Diego, California.
- Peter Snell’s article on the Pros and Cons of incorporation is scheduled for publication in the “Ask the Experts” section of the July/August issue of Franchise Canada.
- Peter Snell’s article on choosing a form of business for your franchise is scheduled for publication in the September/October 2010 edition of Franchise Entrepreneur.
- Len Polsky’s article “The Dynamics of Franchising” is scheduled for publication in the 2011 edition of Canadian Business Franchise Handbook.
- Len Polsky’s article “Understanding the Franchise Agreement – How is the Use of Social Media Incorporated Into the Franchise Agreement?” is scheduled for publication in the next issue of Franchise Entrepreneur Magazine.
- Len Polsky’s article “Location Specific Deficiencies in Disclosure Documents – Case Comment: Melnychuk v. Blitz Ltd.” is scheduled for publication in the next issue of the Franchise and Distribution Journal.
- Peter Snell spoke on July 29, 2010 on Alternative Dispute Resolution at the Franchise Forum in Vancouver.
- Peter Snell is speaking at the British Columbia Continuing Legal Education Franchising 101 Conference in the fall of 2010.
- Peter Snell is speaking at the American Bar Association Business Law Section Annual Meeting August 5-9, 2010 in San Francisco on Social Media and Brand Protection.
- Debi Sutin will co-chair the Ontario Bar Association’s 10th Annual franchise law conference, being held in Toronto on November 4, 2010.
- Len Polsky spoke at RepCAN 2010, a US Commercial Service trade mission event in Vancouver for US Companies seeking Canadian representatives/distributors on June 10, 2010, on Protection and Distribution of Products in Canada.
- Len Polsky will be speaking at the International Bar Association Annual Conference in Vancouver on October 5, 2010, at the International Sales, Franchising and Product Law Section, on Use of Social Media in Franchise Systems.
- Ned Levitt will be speaking at the American Bar Association Forum on Franchising on the topic “The Impossible Dream: Controlling Your International Franchise System”.
- Len Polsky and Peter Snell will lead a Franchise Roundtable Supersession and Reception on September 15, 2010 in Vancouver.