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The Farm Machinery and Equipment Act

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
POWERS AND DUTIES OF THE BOARD
3 Repealed
4 (1) Powers and duties of board
(2) Investigation and recommendations
(3) Application of Family Farm Protection Act
5 (1) Board's investigatory powers
(2) Duty to cooperate
(3) Duty to provide information
6 Repealed
7 Protection 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
DISESTABLISHMENT OF FORMER BOARD AND TRANSITIONAL PROVISIONS
62.1 Definitions
62.2 (1) Former board disestablished
(2) Limited continuation of former Act and board
(3) Other matters before the former board
62.3 Legal proceeding or action against former board
62.4 Judicial review of decisions of former board
62.5 Orders continued
62.6 Transitional regulations
CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
NOTE: This section contained consequential amendments to ">63

NOTE: This section contained consequential amendments to

64 Repeal
65 C.C.S.M. reference
66 Coming into force