The Delivery of Goods and Provision of Services in Winnipeg Outside the Perimeter Act

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4th Session, 40th Legislature

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Bill 207

THE DELIVERY OF GOODS AND PROVISION OF SERVICES IN WINNIPEG OUTSIDE THE PERIMETER ACT

Table of Contents

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

Definitions

The following definitions apply in this Act.

"charge" includes requiring or accepting payment. (« pratiquer »)

"commercial transaction" means the retail supply of goods or services by a supplier to another person for business purposes. (« opération conclue avec un commerçant »)

"consumer transaction" means the retail supply of goods or services by a supplier to another person for primarily personal, family or household purposes. (« opération conclue avec un consommateur »)

"customer location" means the location to which a good is delivered or at which a service is provided. (« destination »)

"delivery fee" means any fee, commission, charge or other amount or consideration given to deliver a good, whether provided in a consumer or commercial transaction. (« frais de livraison »)

"good" means any tangible personal property other than money. (« produit »)

"inner-Perimeter region" means the area of the City of Winnipeg located within the Perimeter Highway. (« zone intérieure de la ceinture périphérique »)

"nearest inner-Perimeter location", in relation to a location in the outer-Perimeter region, means the nearest location in the inner-Perimeter region. (« point le plus rapproché dans la ceinture périphérique »)

"outer-Perimeter region" means the area of the City of Winnipeg located outside the Perimeter Highway. (« zone extérieure de la ceinture périphérique »)

"Perimeter Highway" means Provincial Trunk Highway 100 and Provincial Trunk Highway 101. (« route périphérique »)

"service" means any activity carried out by a person for another for consideration. (« service »)

"service fee" means any fee, commission, charge or other amount or consideration given to provide a service, whether provided in a consumer or commercial transaction. (« frais de service »)

"supplier" means a person who carries on the business of delivering goods or providing services on a retail basis. (« fournisseur »)

Application of Act

This Act applies to deliveries made to and services provided in the outer-Perimeter region.

Prohibition

3(1)

A supplier must not charge an outer-Perimeter region delivery or service fee in an amount that exceeds the amount charged for an inner-Perimeter region delivery or service fee.

Differential fees

3(2)

If the amount of the supplier's inner-Perimeter region delivery or service fee differs according to customer location, then the amount of an outer-Perimeter region delivery or service fee charged by the supplier must not exceed the amount that would be charged for the nearest inner-Perimeter location.

Interpretation — if no fee charged

3(3)

For the purpose of this section, if no fee is charged, any other fee in any amount is considered to have exceeded it.

Delivery or service not to be refused solely because of location

A supplier must not refuse to deliver a good to or provide a service at a location in the outer-Perimeter region solely because of its location if the supplier would deliver a good to or provide a service at the nearest inner-Perimeter location.

Offence

5(1)

A person who contravenes this Act is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $1,000; and

(b) in the case of a corporation, to a fine of not more than $2,000.

Directors and officers of corporations

5(2)

If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $1,000, whether or not the corporation has been prosecuted or convicted.

Regulations

6(1)

The Lieutenant Governor in Council may

make regulations

(a) exempting any good or service, or class of goods or services, from the application of this Act or any provision of it;

(b) exempting any person, or class of persons, from the application of this Act or any provision of it;

(c) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Scope of regulations

6(2)

A regulation under this Act may be general or particular in its application, may establish classes and apply differently to different classes, and may provide differently for different geographical areas.

C.C.S.M. reference

This Act may be referred to as chapter D27 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill prohibits persons who deliver goods or provide services in portions of the City of Winnipeg outside the Perimeter Highway from charging delivery or service fees in excess of what would be charged in adjacent parts of Winnipeg inside the perimeter.

The Bill also prohibits persons from refusing to deliver goods or provide services in portions of the City of Winnipeg outside the Perimeter Highway if those goods or services would be delivered or provided in adjacent parts of Winnipeg inside the perimeter.

The Bill applies to both consumer and commercial transactions as defined in the Bill.