3rd Session, 40th Legislature
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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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(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE CONSUMER PROTECTION ACT
The following is added as Part XXIV:
MOTOR VEHICLE ADVERTISING AND
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 »)
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.
A motor vehicle dealer must ensure that any advertisement placed by the dealer complies with this section and the regulations.
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.
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.
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.
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).
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.
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.
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.
A motor vehicle dealer must disclose the prescribed information about a motor vehicle to a consumer in accordance with the regulations.
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.
If, in the director's opinion, a motor vehicle dealer
(a) is making a false, misleading or deceptive statement in any advertisement published by any means relating to trading in motor vehicles; or
(b) is not complying with any other provision of this Part or the regulations;
the director may, by written order, require the dealer to do or refrain from doing one or more things specified in the order, within the time limits specified in the order.
The director's order must be designed to achieve one or more of the following objectives:
(a) to correct the false, misleading or deceptive statement or to bring such a correction to the attention of consumers, or both;
(b) to ensure compliance with this Part and the regulations.
Section 161.3 applies to the service of an order made under this section, with necessary changes.
An order under this section may be appealed to the court. Subsections 161.4(2) and (3) apply to an appeal of an order made under this section, with necessary changes.
The director may issue public reports disclosing details of orders made under this section that have been given to or served on motor vehicle dealers. This disclosure may include personal information.
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.
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.
THE BUSINESS PRACTICES ACT
The following is added after subsection 26(2):
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.
The following is added after section 28:
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
The following is added after subsection 33(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.
COMING INTO FORCE
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Sections 2, 4, 5 and 8 come into force on a day to be fixed by proclamation.