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The Consumer Protection Amendment and Business Practices Amendment Act (Motor Vehicle Advertising and Information Disclosure and Other Amendments)

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S.M. 2013, c. 34

Bill 17, 3rd Session, 40th Legislature

The Consumer Protection Amendment and Business Practices Amendment Act (Motor Vehicle Advertising and Information Disclosure and Other Amendments)

(Assented to December 5, 2013)

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

PART 1

THE CONSUMER PROTECTION ACT

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

1           The Consumer Protection Act is amended by this Part.

2           The following is added as Part XXIV:

PART XXIV

MOTOR VEHICLE ADVERTISING AND INFORMATION DISCLOSURE

Definitions

229         The following definitions apply in this Part.

"employ" means to employ, appoint, authorize or otherwise arrange to have another person act on one's behalf, including as an agent or independent contractor. (« employer »)

"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 »)

"motor vehicle" has the same meaning as in Part XXIII (Motor Vehicle Work and Repairs). (« véhicule automobile »)

"motor vehicle dealer" means a person who carries on the business of trading in motor vehicles as principal or agent, or who holds himself or herself out as carrying on the business of trading in motor vehicles as principal or agent. (« commerçant de véhicules automobiles »)

"trade" includes, without limitation, advertising, buying, selling, leasing or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle. (« commerce »)

False advertising

230         No motor vehicle dealer or person employed by a dealer shall make a false, misleading or deceptive statement in any advertisement published by any means relating to trading in motor vehicles.

Advertising must comply with Act and regulations

231(1)      A motor vehicle dealer must ensure that any advertisement placed by the dealer complies with this section and the regulations.

Advertising requirements re motor vehicle price

231(2)      If an advertisement indicates the price of a motor vehicle, the price must be set out in a clear, understandable and prominent manner and must be set out as the total of

(a) the amount that a buyer would be required to pay for the motor vehicle; and

(b) subject to subsections (3) and (4), the amount of all taxes and other charges related to the trade in the motor vehicle, including, without limitation, all fees, levies and prescribed charges.

Jointly placed advertisements must indicate any additional amounts to be charged

231(3)      Subject to subsection (4), if an advertisement that indicates a price for a motor vehicle is placed jointly by two or more motor vehicle dealers and if the amount of a charge mentioned in clause (2)(b) varies as between the dealers, the advertisement must indicate in a clear, understandable and prominent manner

(a) that a buyer of the vehicle may be requested to pay that amount in addition to the price indicated in the advertisement; and

(b) what the charge is for.

Taxes not included in price

231(4)      Clause (2)(b) and subsection (3) do not apply to amounts under The Retail Sales Tax Act or to the goods and services tax under Part IX of the Excise Tax Act (Canada) if the advertisement indicates that those amounts are not included in the price.

Responsibility re jointly placed advertisements

231(5)      If an advertisement that indicates a price for a motor vehicle is placed jointly by two or more motor vehicle dealers, each of the dealers must ensure that the advertisement complies with subsections (2) to (4).

Advertisement requirement re late-model used motor vehicle

231(6)      If an advertisement that attempts to induce a trade in a specific motor vehicle discloses the model year of the vehicle and that model year is the current model year or the immediately previous model year, the advertisement must indicate in a clear, understandable and prominent manner that the vehicle is a used motor vehicle if that is true of the vehicle.

Falsifying information

232         No motor vehicle dealer or person employed by a dealer shall falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to trading in motor vehicles.

False information, representations or promises

233         No motor vehicle dealer or person employed by a dealer shall

(a) provide, assist in providing, or induce or counsel another person to provide or assist in providing, any false or deceptive information or document relating to a trade in a motor vehicle; or

(b) make, or induce or counsel another person to make, a false representation or promise relating to a trade in a motor vehicle.

Information disclosure re motor vehicles

234         A motor vehicle dealer must disclose the prescribed information about a motor vehicle to a consumer in accordance with the regulations.

Duty of motor vehicle dealers

235         A motor vehicle dealer must ensure that every person employed by the dealer is carrying out his or her duties in compliance with this Part and the regulations.

Regulations

236(1)      The Lieutenant Governor in Council may make regulations

(a) respecting advertising, representations or promises intended to induce the purchase, sale, lease or exchange of a motor vehicle or an interest in a motor vehicle;

(b) respecting the information that must be disclosed to a consumer concerning a trade in a motor vehicle, including regulations that prescribe

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

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

(c) respecting contracts for trading in motor vehicles;

(d) requiring motor vehicle dealers to provide information to the director;

(e) prescribing the responsibilities of motor vehicle dealers and persons employed by dealers for the purpose of this Part;

(f) respecting recordkeeping;

(g) prescribing anything referred to in this Part as being prescribed;

(h) providing for any transitional matter necessary for the effective implementation of this Part;

(i) extending the application of one or more provisions of this Part, with such modifications as the Lieutenant Governor in Council considers necessary or advisable, to one or more classes of persons other than motor vehicle dealers;

(j) exempting any class of persons, motor vehicle dealers, trades, advertisements or motor vehicles from the application of this Part or any provision of this Part or the regulations and attaching conditions to an exemption;

(k) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable for the administration of this Part.

Scope and application of regulations

236(2)      A regulation under subsection (1)

(a) may be general or particular in its application; and

(b) may establish classes of persons, motor vehicle dealers, trades, advertisements and motor vehicles and may apply differently to different classes.

PART 2

THE BUSINESS PRACTICES ACT

C.C.S.M. c. B120 amended

3           The Business Practices Act is amended by this Part.

4           The definition "lemon" in section 1 is repealed.

5           Clause 2(3)(s) is repealed.

6(1)        Subsection 26(2) is amended in the part before clause (a) by striking out "any information," and substituting "any information (including personal information),".

6(2)        The following is added after subsection 26(2):

Exception — communication of information

26(3)       Clause (1)(a) does not prohibit the communication of information (including personal information) obtained in the course of the administration of this Act by the director when, in the director's opinion, it is in the public interest to do so.

7           The following is added after section 28:

Requesting or requiring consumers to waive, release or limit rights prohibited

28.1        No person shall request or require a consumer to waive, release or limit his or her rights under this Act.

8           Clause 32(1)(f.1) and subsection 32(3) are repealed.

9(1)        Subsection 33(1) is amended

(a) in clause (e),

(i) by striking out "$25,000." and substituting "$100,000.", and

(ii) by striking out "$100,000." and substituting "$300,000."; and

(b) in clause (f), by striking out "$100,000." and substituting "$300,000.".

9(2)        The following is added after subsection 33(1):

Order filed in court

33(1.1)     If an amount is ordered to be paid as compensation under subsection (1), the applicant may file the order in the court, and on being filed the order may be enforced in the same manner as a judgment of the court.

PART 3

COMING INTO FORCE

Coming into force — royal assent

10(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

10(2)       Sections 2, 4, 5 and 8 come into force on a day to be fixed by proclamation.