3rd Session, 42nd Legislature
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THE CONSUMER PROTECTION AMENDMENT ACT
|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:
Subsection 1(1) is amended by adding the following definition:
"household systems and supplies" means the following:
(a) a furnace,
(b) an air conditioner, air cleaner, air purifier or air ventilation unit,
(c) a water heater, water treatment device, water purifier, water filter or water softener,
(d) a window,
(e) goods that are a combination of or that perform the functions of the goods listed in clauses (a) to (d),
The following is added after subsection 59(3):
The following activities do not constitute an offer, solicitation, proposal or approach for the purpose of subsection (1) or personal communication for the purpose of subsection (3):
(a) distributing unaddressed marketing materials at a buyer's dwelling or any other prescribed place without attempting to contact the buyer;
The following is added after subsection 59(4):
For the purpose of clause (1)(a), a prior request is made when
(a) the buyer requests that the vendor or a direct seller representing the vendor attend at the buyer's dwelling or any other place set out in subsection (2); and
(b) the buyer expressly initiates any personal communication with the vendor or a direct seller representing the vendor
(i) by mail, telephone, fax or electronic communication, including through the vendor's or direct seller's website, or
The following is added after section 60:
Subsection 61(1) is replaced with the following:
If an agreement for a retail sale or retail hire-purchase to which this Part applies is in writing, it must
(a) contain the name of the vendor or direct seller as it appears on their licence issued under section 75;
(b) use language that is clear and understandable;
(c) be signed by the vendor or direct seller and by the buyer; and
(d) conform with any other requirements prescribed by the minister.
The following is added after subsection 61(2):
The following is added after section 65:
SALES OF HOUSEHOLD SYSTEMS AND SUPPLIES
This Part applies to a retail sale or retail hire-purchase of household systems and supplies that is entered into elsewhere than at the seller's usual place of business.
A seller of household systems and supplies must ensure that an agreement for a retail sale or retail hire-purchase
(a) is in writing;
(b) conforms with the requirements set out in subsection 61(1); and
(c) contains, as the first page, a disclosure statement in a form approved by the director.
The seller must provide a duplicate copy of the written agreement to the buyer at the time the agreement is entered into.
An agreement for the retail hire-purchase of household systems and supplies must not have an indefinite term.
Sections 62 to 65 apply, with necessary changes, to an agreement for the retail sale or retail hire-purchase of household systems and supplies, even if the agreement contravenes section 65.2.
Part XXII (Contracts for Cell Phone Services) is repealed.
In this section, "former Act" means The Consumer Protection Act as it read immediately before the coming into force of this section.
Nothing in this Act invalidates an agreement made under Part VII (Direct Sellers) for household systems and supplies before the coming into force of section 7 and Part VII continues to apply to that agreement for its duration.
The former Act continues to apply to a contract for cell phone services entered into under Part XXII (Contracts for Cell Phone Services) of the former Act for the duration of the contract as if this Act had not come into force.
The Cell Phone Contracts Regulation, Manitoba Regulation 40/2012, is repealed.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Sections 2 to 7 come into force on January 1, 2022.