C.C.S.M. c. F40
The Farm Machinery and Equipment Act
INTERPRETATION AND APPLICATION | |
1(1) | Definitions |
(2) | Meaning of "purchaser" |
2(1) | Application of Act |
(1.1) | Financial lease of farm machinery or equipment |
(1.2) | Notice to dealer |
(2) | Non-application of Act |
(3) | Application of Act to trustees and others |
(4) | Application of Act to used farm machinery or farm equipment |
FARM MACHINERY BOARD | |
3(1) | Farm Machinery Board continued |
(2) | Appointment of members |
(3) | Designation of chairperson and vice-chairperson |
(4) | Quorum |
(5) | Remuneration |
4(1) | Powers and duties of board |
(2) | Investigation and recommendations |
5(1) | Board's investigatory powers |
(2) | Duty to cooperate |
(3) | Duty to provide information |
6 | Officers and employees |
7 | Exemption from liability |
LICENSING AND OTHER REQUIREMENTS OF VENDORS AND DEALERS | |
8(1) | Dealer licence required |
(2) | Vendor licence required |
(3) | Exception for financial institutions, etc. |
9(1) | Application for a licence |
(2) | Licence application fee non-refundable |
10(1) | Board may issue or refuse to issue licence |
(2) | Terms and conditions |
(3) | Coverage under Fund required for licence |
11 | Conditions to which all licences are subject |
12 | Renewal of dealer or vendor licence |
13 | Failure to renew licence |
14(1) | Notice of intent to suspend or cancel licence |
(2) | Dispute of notice to suspend or cancel licence |
(3) | Notification of hearing re proposed suspension or cancellation |
(4) | Notice shall state date, time and place of hearing |
(5) | Date of hearing |
(6) | Licence holder may be represented |
15(1) | Decision of board after hearing |
(2) | Board shall notify licence holder of decision |
16(1) | Filing of retail price lists |
(2) | Vendor to file list of names and addresses of dealers |
(3) | Vendor to advise of any changes |
(4) | Board may request information |
DEALER-VENDOR BUSINESS DEALINGS AND DEALERSHIP AGREEMENTS | |
16.1 | Application of sections 16.2 to 16.12 |
16.2 | Definition of "terminate" in sections 16.3 to 16.11 |
16.3(1) | Prohibition on termination of dealership agreement |
(2) | Exceptions |
16.4 | Prohibition on discrimination |
16.5(1) | Application to court for order |
(2) | Order to protect parties' interests |
(3) | Order by the court |
16.6 | Circumstances that are cause for termination |
16.7 | Circumstances that are not cause for termination |
16.8(1) | Mediation |
(2) | Length of mediation period |
(3) | Parties may agree to extend mediation |
(4) | Stay of proceedings |
(5) | Choice of mediator |
(6) | List of mediators |
(7) | Mediator to meet with parties |
(8) | Parties must participate in good faith |
(9) | Mediator's report |
(10) | Admissions in course of mediation |
(11) | Mediator's fees and expenses |
(12) | No liability |
16.9 | Certain provisions void |
16.10(1) | Application to court for relief from termination |
(2) | Court may order reinstatement etc. |
(3) | Application of section |
16.11 | Termination by mutual agreement |
16.12 | Limitation of actions |
SALE CONTRACT FOR NEW FARM MACHINERY OR FARM EQUIPMENT | |
17(1) | Form and contents of sale contract |
(2) | Sale contract to be signed |
(3) | Non-application of subsection (2) |
(4) | Used parts to be specified in sale contract |
(5) | Sale contract not to be used for second-hand machinery |
(6) | Sale contract to be retained |
(7) | Effect of non-compliance with form |
(8) | Compliance with other statutes |
18 | Agreement to limit liability void |
19 | Assignment of sale contract |
20(1) | Machinery and equipment represented to be new |
(2) | Return of consideration |
(3) | Payment of costs to repair |
LEASES, LEASE-PURCHASES AND FINANCIAL LEASES | |
21(1) | Leases, lease-purchases and financial leases |
(2) | Lease, lease-purchase or financial lease may be assigned |
WARRANTIES AND REPAIRS | |
22(1) | Warranty |
(2) | Length of warranty |
(2.1) | Warranty enforceable by purchaser under financial lease |
(3) | Equipment not subject to statutory warranty |
(4) | Unwarranted parts and material |
(5) | Limitation on warranty |
(6) | Term re power of machinery or equipment |
(7) | Dealer and vendor jointly and severally liable under warranty |
(8) | Liability of dealer and assignee under warranty |
(9) | Optional additional warranties |
(10) | Non-application of warranty |
23(1) | Date of delivery |
(2) | Failure to meet date of delivery |
(3) | Return of consideration by dealer |
(4) | Payment of costs of repair |
(5) | Acceptance of late delivery by purchaser |
(6) | Cancellation of contract by dealer |
24(1) | Trial period to be specified in contract |
(2) | Rejection of machinery or equipment |
(3) | Time for correcting defects |
(4) | Cancellation of contract |
(5) | Negligence of purchaser |
25 | Rejection of machinery or equipment in certain cases |
26(1) | Replacement of defective parts |
(2) | Warranty on parts |
27 | Warranty on repair parts |
28(1) | Application to board |
(2) | Investigation and examination by board |
(3) | Decision by board |
(4) | Legal action by purchaser |
(5) | Decision shall be considered by court |
(6) | Certified copy of board's decision may be filed |
(7) | Board members, officers and staff not required to give evidence in civil suits |
29 | Availability of repair parts |
30(1) | Emergency repair parts |
(2) | When emergency repair part service shall be used |
(3) | Notice to dealer |
(4) | Time for supplying emergency repair parts |
31 | Dealer shall provide alternative equipment |
32(1) | Reimbursement by vendor for costs for late delivery |
(2) | Sharing of costs for late delivery |
33 | Dealer ceasing to carry on business |
IDENTIFICATION OF FARM MACHINERY AND FARM EQUIPMENT | |
34(1) | Definition |
(2) | Application of section |
(3) | Model year to be shown on machinery and equipment |
(4) | Serial number not to be defaced |
LIENS | |
35(1) | Definition of lienholder |
(2) | Liens |
(3) | Application of The Personal Property Security Act |
(4) | Creation of other security interests |
36(1) | Limitation on application of lien |
(2) | Collateral liens prohibited |
37(1) | Title remains in lienholder |
(2) | Possession in purchaser |
38(1) | Repossession without leave prohibited |
(2) | Application to board to repossess |
(3) | Application requirements |
(4) | Copy of contract to accompany application |
(5) | Matters to be considered by the board |
(6) | Purchaser to be notified of hearing date |
(7) | Hearing and decision by board |
(8) | Application to court for revocation order |
(9) | Procedure on application to court |
39(1) | Retention for 10 working days |
(2) | Notice of repossession by lienholder |
(3) | Failure of lienholder to give notice |
(4) | Repossessed machinery and equipment at risk of lienholder |
40(1) | Leave to repossess terminates on redemption |
(2) | Continuing leave may be granted |
41 | Purchaser to produce machinery and equipment |
42(1) | Sale with consent of purchaser |
(2) | Sale by lienholder |
(3) | Disposition of proceeds of sale |
(4) | Purchaser's liability is discharged |
(5) | Written statement by lienholder |
(6) | Damage to farm machinery or farm equipment |
(7) | Investigation by board |
43(1) | Assignment of earnings |
(2) | Limitation on amount of earnings assigned |
(3) | Service of order |
(4) | Pro rating of earnings |
(5) | Credit to purchaser's account |
PURCHASE OF UNUSED STOCK FROM DEALER BY VENDOR | |
44(1) | Definitions |
(2) | Vendor to purchase unused machinery and parts |
(3) | Vendor not obligated to purchase |
45(1) | Payment by vendor |
(2) | Signing of declaration by dealer |
(3) | When payment from vendor is due |
(4) | Time for payment may be extended |
46 | Payment under terminated agreement |
47 | Service of notice to purchase on vendor |
48 | Parts to be clearly identified |
49 | Care and custody of unused farm machinery or farm equipment |
50 | Adequate packaging of machinery and equipment |
51(1) | Deductions by vendor for parts |
(2) | Deductions by dealer or vendor |
52 | Cost of repainting |
MISCELLANEOUS | |
53(1) | Notification by facsimile transmission |
(2) | Notification by registered mail |
54 | Minister may enter into agreement |
THE FARM MACHINERY AND EQUIPMENT ACT FUND | |
55(1) | The Farm Machinery and Equipment Act Fund continued |
(2) | Fund to be administered by the board |
(3) | Board may impose annual levy |
(4) | Control and supervision of Fund |
(5) | Investment of money in Fund |
(6) | Payment of claims from the Fund |
(7) | Other payments from the Fund |
(8) | Fiscal reporting |
ENFORCEMENT | |
56(1) | Appointment of inspectors |
(2) | Certificate to be produced |
57(1) | No obstruction |
(2) | Assistance to inspector |
58(1) | Entry and inspection |
(2) | Use of data processing system and copying equipment |
(3) | Records |
59(1) | Warrant to enter a dwelling place |
(2) | Authority to issue warrant |
60(1) | Warrant to search and seize |
(2) | Use of force |
(3) | Additional seizure powers |
(4) | Where warrant not necessary |
(5) | Storage of seized things |
61 | Offence and penalty |
REGULATIONS | |
62(1) | Regulations by minister |
(2) | Retroactive regulations |
CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
63 | |
64 | Repeal |
65 | C.C.S.M. reference |
66 | Coming into force |