The Financial and Consumer Services Commission administers the Franchises Act, which protects people buying a franchise in New Brunswick by ensuring franchise information is provided to them before they enter into a franchise agreement, and by providing avenues of recourse if they encounter problems.
No licence is required under the Franchises Act.
The Franchises Act requires fairness in the legal relationship between franchisors and franchisees. It contains five key elements:
• a duty of fair dealing
• the franchisees' right to form an association
• the franchisor's duty of disclosure
• a mediation procedure
• protection from being forced to litigate outside New Brunswick
Any company granting the franchise is required to provide a disclosure document with prescribed information that will enable the purchaser to make an informed decision before they buy in.