O. Reg. 9/01: EXEMPTION OF FRANCHISORSUNDER SUBSECTION 13 1 OF THE ACT

 

ONTARIO regulation 9/01

made under the

Arthur Wishart Act (Franchise Disclosure), 2000

Made: January 23, 2001
Filed: January 24, 2001
Printed in The Ontario Gazette: February 10, 2001

Exemption of FranchisorS
under subsection 13 (1) of the Act

1. Pursuant to subsection 13 (1) of the Act, the following franchisors are exempt from the requirement to include the financial information described in clause 3 (1) (a) or (b) or subsection 3 (2) or (3) of Ontario Regulation 581/00 in a disclosure document, subject to the terms and conditions set out in section 2:

Burger King Restaurants of Canada Inc.

Century 21 Real Estate Canada Ltd.

DaimlerChrysler Canada Inc.

Dairy Queen Canada Inc.

Lumsden Brothers Limited

M & M Meat Shops Ltd.

Mazda Canada Inc.

McDonald’s Restaurants of Canada Limited

Mr. Submarine Limited

O.K. Tire Stores Inc.

Orange Julius Canada Limited

Pizza Delight Corporation

Print Three Franchising Corporation

The Prudential Real Estate Affiliates, Inc.

Royal LePage Real Estate Services Ltd.

Shoppers Drug Mart Inc.

Shoppers Drug Mart (London) Limited

Smitty’s Canada Limited

Sobeys Capital Incorporated

The TDL Group Ltd.

Volkswagen Canada Inc.

Wendy’s Restaurants of Canada Inc.

William E. Coutts Company, Limited

Yogen Früz Canada Inc.

94272 Canada Limited

2. (1) An exemption described in section 1 ceases to be effective if,

(a) the franchisor ceases to meet the exemption criteria set out in paragraph 1 of section 11 of Ontario Regulation 581/00;

(b) the franchisor ceases to meet one of the following conditions:

1. The franchisor has at least 25 franchisees engaging in business at all times in Canada.

2. The franchisor has fewer than 25 franchisees engaging in business at all times in Canada and has at least 25 franchisees engaging in business at all times in a single jurisdiction other than Canada;

(c) the franchisor ceases to engage in the line of business associated with the franchise;

(d) in the case of a franchisor described in subparagraph 2 i of section 11 of Ontario Regulation 581/00, a judgment, order or award relating to fraud, unfair or deceptive practices, or a law regulating franchises is made in Canada against any of the franchisor, the franchisor’s associates, and the directors, general partners and officers of the franchisor; or

(e) in the case of a franchisor described in subparagraph 2 ii of section 11 of Ontario Regulation 581/00, a judgment, order or award relating to fraud, unfair or deceptive practices, or a law regulating franchises is made in Canada or in the jurisdiction referred to in that subparagraph against any of the franchisor, the franchisor’s associates, and the directors, general partners and officers of the franchisor.

(2) The franchisor is required to promptly notify the Minister if an exemption described in section 1 ceases to be effective or upon knowing that the exemption will cease to be effective at a future date.

3. This Regulation comes into force on January 31, 2001.

4. This Regulation is revoked on July 1, 2005 if not expressly revoked earlier.

Robert W. Runciman

Minister of Consumer and Commercial Relations

Dated on January 23, 2001.