4th Session, 42nd Legislature
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Bill 216
THE CONSUMER PROTECTION AMENDMENT AND FARM MACHINERY AND EQUIPMENT AMENDMENT ACT (RIGHT TO REPAIR — VEHICLES AND OTHER EQUIPMENT)
| 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:
PART 1
THE CONSUMER PROTECTION ACT
The Consumer Protection Act is amended by this Part.
The following is added as Part XXII.2:
PART XXII.2
RIGHT TO REPAIR MOTORIZED VEHICLES
The following definitions apply in this Part.
"branded motorized vehicles" means motorized mobility aids or recreational motorized vehicles branded as being produced by a specific manufacturer. (« véhicule à moteur de marque »)
"manufacturer" means a business that
(a) produces motorized mobility aids or recreational motorized vehicles; or
(b) is branded as being the producer of motorized mobility aids or recreational motorized vehicles. (« fabricant »)
"motorized mobility aid" means a motorized mobility aid as defined in The Highway Traffic Act. (« engin motorisé »)
"motorized vehicle repair business" means a business that diagnoses, maintains or repairs motorized mobility aids or recreational motorized vehicles used by consumers. (« entreprise de réparation de véhicules à moteur »)
"recreational motorized vehicle" means a self-propelled vehicle that is designed and intended to transport one or more persons on land or water for recreational purposes, and includes
(a) a golf cart;
(b) a motorized foot scooter, a motor-powered skateboard, a kids car, a pocket or mini bike (motorcycle), a Segway or any other self-balancing vehicle or device;
(c) an off-road vehicle as defined in The Off-Road Vehicles Act;
(d) a pleasure craft as defined in the Canada Shipping Act, 2001; and
(e) a power-assisted bicycle as defined in The Highway Traffic Act;
but does not include
(f) farm equipment or farm machinery as defined in The Farm Machinery and Equipment Act;
(g) infrastructure equipment as defined in The Highway Traffic Act; or
(h) a motor vehicle as defined in The Highway Traffic Act. (« véhicule récréatif à moteur »)
At the request of a consumer or motorized vehicle 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, or provides to others, for
(a) diagnosing, maintaining or repairing its branded motorized vehicles; or
(b) resetting an electronic security function of its branded motorized vehicles 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 but only if the manufacturer
(a) does not discriminate in respect of the amount of the fee charged to a consumer or a motorized vehicle 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 211.5 must, upon the request from a consumer who purchased the manufacturer's branded motorized vehicle,
(a) replace the motorized mobility aid or recreational motorized vehicle at no cost; or
(b) refund the amount paid by the consumer to purchase the motorized mobility aid or recreational motorized vehicle.
PART 2
THE FARM MACHINERY AND EQUIPMENT ACT
The Farm Machinery and Equipment Act is amended by this Part.
Section 1 is amended by adding the following definitions:
"branded farm equipment" means farm equipment branded as being produced by a specific vendor; (« matériel agricole de marque »)
"branded farm machinery" means farm machinery branded as being produced by a specific vendor; (« machine agricole de marque »)
"farm repair business" means a business that diagnoses, maintains or repairs farm equipment and farm machinery; (« entreprise de réparation agricole »)
Section 29 is amended,
(a) in the part before clause (a), by striking out "and the vendor"; and
(b) in the part after clause (c),
(i) by striking out "and vendor", and
(ii) by striking out "or the vendor".
The following is added as sections 29.1 and 29.2:
At the request of a purchaser of farm equipment or farm machinery or a farm repair business, a vendor must, within a reasonable time, provide the most recent version of the repair manual, repair parts, software and other tools that the vendor uses, or provides to others, for
(a) diagnosing, maintaining or repairing its branded farm equipment or branded farm machinery; or
(b) resetting an electronic security function of its branded farm equipment or branded farm machinery if the function is disabled during diagnosis, maintenance or repair.
The vendor must provide access to the repair manual at no charge, unless the purchaser or business requests a paper version of the repair manual.
If the purchaser or business requests a paper version of the repair manual, the vendor may charge a fee, but the fee must not exceed a reasonable estimate of the costs of printing the repair manual.
The vendor may require a person to sign a confidentiality agreement if a repair manual discloses a trade secret of the vendor.
Parts, software, tools at fair price
The vendor may charge a fee for providing replacement parts, software and other tools but only if the vendor
(a) does not discriminate in respect of the amount of the fee charged to a purchaser or a farm 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 vendor earns for diagnostic, maintenance or repair services, if the vendor provides those services.
Consequences of non-compliance
A vendor who refuses or is unable to comply with section 29.1 must, upon the request from a purchaser of the vendor's branded farm equipment or branded farm machinery,
(a) replace the branded farm equipment or branded farm machinery at no cost; or
(b) refund the amount paid by the purchaser to purchase the branded farm equipment or branded farm machinery.
PART 3
COMING INTO FORCE
This Act comes into force six months after the day it receives royal assent.