4th Session, 42nd Legislature
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Bill 214
THE CONSUMER PROTECTION AMENDMENT ACT (RIGHT TO REPAIR)
| 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:
The Consumer Protection Act is amended by this Act.
The following is added after Part XXII:
PART XXII.1
RIGHT TO REPAIR ELECTRONIC PRODUCTS
The following definitions apply in this Part.
"branded electronic products" means electronic products branded as being produced by a specific manufacturer. (« produits électroniques de marque »)
"consumer electronics repair business" means a business that diagnoses, maintains or repairs electronic products used by consumers. (« entreprise de réparation de produits électroniques grand public »)
"electronic products" means goods that work at least in part because of electronics that are part of them or attached to them and includes consumer electronic devices and appliances with electronic components. (« produits électroniques »)
"manufacturer" means a business
(a) that produces electronic products; or
(b) that is branded as being the producer of electronic products. (« fabricant »)
) At the request of a consumer or consumer electronics repair business, a manufacturer must, within a reasonable time, provide the most recent version of the repair manual, replacement parts, software and other tools that the manufacturer uses for, or provides to others for,
(a) diagnosing, maintaining or repairing its branded electronic products; or
(b) resetting an electronic security function of its branded electronic products if the function is disabled during diagnosis, maintenance or repair.
The manufacturer must provide access to the repair manual at no charge, unless the consumer or business requests a paper version of the repair manual.
If the consumer or business requests a paper version of the repair manual, the manufacturer may charge a fee, but the fee must not exceed a reasonable estimate of the costs of printing the repair manual.
The manufacturer may require a person to sign a confidentiality agreement if a repair manual discloses a trade secret of the manufacturer.
Parts, software, tools at fair price
The manufacturer may charge a fee for providing replacement parts, software and other tools only if the manufacturer
(a) does not discriminate in respect of the amount of the fee charged to a consumer or a consumer electronics repair business and any other person; and
(b) ensures that the net profit percentage of the charged fee does not exceed a reasonable estimate of the net profit percentage that the manufacturer earns for diagnostic, maintenance or repair services, if the manufacturer provides those services.
Consequences of non-compliance
A manufacturer who refuses or is unable to comply with section 211.2 must, upon request from a consumer who purchased the manufacturer's branded electronic product,
(a) replace the electronic product at no cost; or
(b) refund the amount paid by the consumer to purchase the electronic product.
This Act comes into force six months after the day it receives royal assent.