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Bill C-447

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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-447

An Act to amend the Criminal Code (false document, etc. respecting a franchise)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, cc. 2, 3, 5, 17, 18, 25, 28, 31, 32

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Criminal Code is amended by adding the following after section 400:

False document, etc. respecting a franchise

400.1 (1) Everyone who, with intent to induce a person to purchase a franchise,

    (a) makes, circulates or publishes a document or an oral or written statement that the person knows is false in a material particular, or

    (b) omits a material particular from a document or an oral or written statement,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Definition

(2) In subsection (1), ``material particular'' means any information that has or would be reasonably expected to have a significant effect on the value or price of a franchise to be sold or a decision to purchase a franchise.

Regulations

(3) The Governor in Council may make regulations defining the expression ``franchise'' and any expressions referred to in that definition for the purposes of subsections (1) and (2).