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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 29

THE BUSINESS PRACTICES AMENDMENT ACT (DISCLOSING MOTOR VEHICLE INFORMATION)


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. B120 amended

1           The Business Practices Act is amended by this Act.

2           Section 1 is amended by adding the following definition:

"lemon" means a motor vehicle that was returned to the manufacturer under the laws of another jurisdiction because

(a) it did not conform to the manufacturer's warranty, and

(b) it had defects or conditions that substantially impaired its use, value or safety and that were not repaired within a reasonable time period or after a reasonable number of attempts; (« véhicule de piètre qualité »)

3           Subsection 2(3) is amended

(a) in the part before clause (a), by striking out "or acts" and substituting ", acts or omissions"; and

(b) by adding the following after clause (r):

(s) where the consumer transaction involves a motor vehicle, failing to disclose, in accordance with the regulations made under this Act or under clause 123(1)(o) or (p) of The Drivers and Vehicles Act, any information required by those regulations to be disclosed to the consumer.

4(1)        Subsection 32(1) is amended by adding the following after clause (f):

(f.1) respecting sales or leases of motor vehicles, including regulations that prescribe

(i) information to be disclosed by the supplier to the consumer about a vehicle, including information about its history and whether the vehicle has been determined to be a lemon under the laws of another jurisdiction, and

(ii) how and when the information is to be disclosed;

(f.2) defining any word or phrase used but not defined in this Act;

4(2)        The following is added after subsection 32(2):

Regulations about motor vehicles

32(3)       Regulations made under clause (1)(f.1) may be different for different classes of motor vehicles or suppliers or different types of consumer transactions.

Coming into force

5           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Business Practices Act. A supplier of a motor vehicle, including a dealer, must give the consumer certain information about the vehicle and its history, including whether it has been determined to be a lemon in another jurisdiction. Failure to provide that information is an unfair business practice under the Act.