UTGB Vol 5.pdf - Robson Hall Faculty of Law

5. Exemptions:
• Is the ability to implement
exemptions from the
requirements of legislation or
regulations appropriate
• Should a franchisor be exempt
from disclosing financial
statements
• General exemptions from franchise
regulation exempt a party selling or
renewing a franchise in certain
circumstances from having to provide
disclosure documents. A party may be
exempt from providing disclosure
documents where the recipient of the
franchise is familiar with the
franchise either because, inter alia,
have been officers or directors of that
franchise or they already are
franchisees to the same franchisor.
• Manitoba should adopt exemption
provisions primarily because every other
regulated province has done so. In doing
so, Alberta's section should be emulated
as it is more extensive and franchisor/ee
friendly.
• Manitoba should adopt Ontario's
financial statements exemption while
allowing potential franchisees the
alternative of requesting franchisors
with said documents only after signing
confidentiality agreements. Doing so will
encourage transparency in the system.