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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 14

THE CONSUMER PROTECTION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C200 amended

1           The Consumer Protection Act is amended by this Act.

2           Section 97.2 is amended by adding the following after clause (b):

(b.1) prescribing goods or services for the purpose of subsection 130(1);

3           Section 128 of the French version is amended by adding "conclues à l'aide de communications Internet" at the end.

4(1)        Subsection 129(1) of the French version is amended by striking out "marchandises" and substituting "objets".

4(2)        Clause 129(2)(a) of the English version is amended by striking out "retail-purchase" and substituting "retail hire-purchase".

5(1)        Subsection 130(1) is replaced with the following:

Buyer may cancel for failure to deliver

130(1)      Before accepting delivery of goods or services under a retail sale or retail hire-purchase agreement, the buyer may cancel the agreement if the seller does not

(a) in the case of prescribed goods, deliver the goods by the delivery date specified in the agreement or by any other delivery date agreed to in writing, either on paper or by electronic communication;

(b) in the case of other goods, deliver the goods within 30 days after

(i) the delivery date specified in the agreement or any other delivery date agreed to in writing, either on paper or by electronic communication, or

(ii) if a delivery date cannot be determined under subclause (i), the date of the agreement;

(c) in the case of travel, transportation or accommodation services or prescribed services, begin to provide the services on the commencement date specified in the agreement or any other commencement date agreed to in writing, either on paper or by electronic communication; and

(d) in the case of other services, begin to provide the services within 30 days after the commencement date specified in the agreement or any other commencement date agreed to in writing, either on paper or by electronic communication.

5(2)        Subsection 130(2) is amended

(a) in the section heading, by striking out "within 30-day period"; and

(b) in the French version, by striking out "marchandises" wherever it occurs and substituting "objets".

6(1)        Subsection 133(3) of the French version is amended

(a) by striking out "marchandises" wherever it occurs in the section heading and in the subsection and substituting "objets"; and

(b)  in clause (b),

(i) by striking out "lui sont livrées" and substituting "lui sont livrés", and

(ii) by striking out "elles étaient lorsqu'il les a reçues" and substituting "ils étaient lorsqu'il les a reçus".

6(2)        Subsection 133(4) of the French version is amended

(a) in the section heading, by striking out "marchandises retournées" and substituting "objets retournés"; and

(b) in the subsection, by striking out "marchandises" and substituting "objets".

6(3)        Subsection 133(5) of the French version is amended

(a) in the section heading, by striking out "marchandises" and substituting "objets"; and

(b) in the subsection, by striking out "de marchandises" and substituting "d'objets".

6(4)        Subsection 133(6) of the French version is amended

(a) by striking out "marchandises" and substituting "objets"; and

(b) by striking out "réputées retournées" and substituting "réputés retournés".

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

Under The Consumer Protection Act, a buyer may cancel an Internet agreement if goods or services purchased under the agreement are not delivered within 30 days after the specified delivery date.  When the Internet agreement is for travel, transportation or accommodation services or for goods or services prescribed by regulation, this Bill will allow the buyer to cancel the agreement if they are not provided on the date agreed upon.

This Bill also makes several corrections to the French version of Part XVI of the Act.