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AR 312/2000 FRANCHISES ACT EXEMPTION REGULATION

(Consolidated up to 185/2016)

ALBERTA REGULATION 312/2000

Franchises Act

FRANCHISES ACT EXEMPTION REGULATION


Exemption

1   A franchisor is not required to include financial statements in a disclosure document given to a prospective franchisee

                               (a)    if the franchisor has a net worth on a consolidated basis according to its most recent financial statements, which have been audited or for which a review engagement report has been prepared,

                                        (i)    of not less than $5 000 000, or

                                      (ii)    of not less than $1 000 000 if the franchisor is controlled by a corporation that meets the requirements of subclause (i),

                              (b)    if the franchisor

                                        (i)    has had at least 25 franchisees conducting business at all times in Canada during the 5-year period immediately preceding the date of the disclosure document,

                                      (ii)    has conducted business that is the subject of the franchise continuously for not less than 5 years immediately preceding the date of the disclosure document, or

                                     (iii)    is controlled by a corporation that meets the requirements of subclause (i) or (ii).

                                  and

                               (c)    if neither the franchisor (including any person who is included in that term) nor any of its associates, directors, general partners or officers has had any conviction, judgment, order or award made against that person in Canada in the 5 years immediately preceding the date of the disclosure document, relating to

                                        (i)    fraud,

                                      (ii)    unfair or deceptive business practices, or

                                     (iii)    the Act or any equivalent statute of any other jurisdiction in Canada specifically regulating the subject matter of franchises.

AR 312/2000 s1;185/2016

Exemption

1.1(1)  The Collins Barrow National Cooperative Incorporated, registered under the Canada Cooperatives Act, is exempt from the disclosure requirements of section 4 of the Act.

(2)  Subsection (1) is deemed to have come into force on May 7, 2003.

AR 134/2004 s2

Repeal

2   The Exemption Regulation (AR 249/95) is repealed.

3   Repealed AR 185/2016 s3.