3rd Session, 43rd Legislature

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Bill 15

THE CONSUMER PROTECTION AMENDMENT ACT

(Assented to                                         )

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

C.C.S.M. c. C200 amended

1   The Consumer Protection Act is amended by this Act.

2   The following is added as Part XXII.1:

PART XXII.1
MEANS OF REPAIR FOR DESIGNATED CONSUMER GOODS

Definitions

211.1   The following definitions apply in this Part.

"designated consumer good" means a manufactured good to which this Part applies. (« bien de consommation désigné »)

"means of repair" means any of the following that are reasonably necessary to repair a designated consumer good:

(a) diagnostic devices and software;

(b) repair manuals;

(c) parts, including replacement parts;

(d) tools, other than commonly available tools;

(e) any other prescribed items, information or services. (« moyen de réparation »)

"prescribed" means prescribed by regulation under this Part. (Version anglaise seulement)

"sale" means the retail sale or retail hire-purchase of a designated consumer good. (« vente »)

"supplier" means the seller or manufacturer of a designated consumer good. (« fournisseur »)

Application

211.2(1)   This Part applies to manufactured goods for sale to consumers in Manitoba that are designated by regulation and the means of repair for those goods.

Non-application

211.2(2)   This Part does not apply to

(a) a sale that was entered into before the coming into force of this Part; and

(b) a class of buyers, suppliers, means of repair or transactions exempted by regulation from the application of this Part.

Supplier must make means of repair available

211.3(1)   Each supplier must make the means of repair for a designated consumer good available to the buyer for the prescribed time period after the sale or, if no time period is prescribed, for a reasonable time period.

When means of repair must be provided

211.3(2)   The supplier must provide the buyer with the means of repair within the prescribed time period after the buyer requests them or, if no time period is prescribed, within a reasonable time period.

Supplier may require confidentiality agreement

211.3(3)   If the supplier reasonably believes that the means of repair may disclose a trade secret or proprietary information, the supplier may, before providing the means of repair, require the buyer to

(a) sign a confidentiality agreement; and

(b) comply with any additional prescribed requirements.

Supplier must not charge higher fee

211.3(4)   The supplier must not charge a fee for providing the means of repair that exceeds the prescribed amount or, if no amount is prescribed, that exceeds a reasonable amount.

No fee for information

211.3(5)   Despite subsection (4), the supplier must not charge a fee for providing a repair manual or any other required information unless the buyer requests that the manual or information be provided in printed form.

Exception for printed information

211.3(6)   If the buyer requests that the manual or information be provided in printed form, the supplier may charge a fee that complies with subsection (4).

Exemption must be disclosed

211.4(1)   If a supplier is, in respect of a sale, fully or partially exempted by regulation from one or more requirements of section 211.3, the supplier must disclose the exemption to the buyer before the buyer enters into the sale.

Requirements of disclosure

211.4(2)   The disclosure must

(a) be made in a manner that allows the buyer to retain the information disclosed for later reference; and

(b) include any prescribed information and comply with any other prescribed requirements.

Remedies

211.5   If required by the regulations, a supplier must provide a remedy to the buyer for failing to comply with any provision of this Part or the regulations.

Regulations

211.6(1)   The Lieutenant Governor in Council may make regulations

(a) for the purpose of subsection 211.2(1), designating manufactured goods or classes of manufactured goods to which this Part applies;

(b) for the purpose of clause 211.2(2)(b), exempting classes of buyers, suppliers, means of repair or transactions from the application of this Part;

(c) exempting classes of buyers, suppliers, means of repair or transactions, fully or partially, from the application of any provision of this Part or the regulations, and respecting the disclosure of such exemptions under section 211.4;

(d) attaching conditions to any exemption under clause (b) or (c);

(e) for the purpose of section 211.5, respecting remedies that suppliers must provide to buyers for failing to comply with any provision of this Part or the regulations, which may include replacing the designated consumer good, repairing the designated consumer good, refunding the purchase price or otherwise compensating the buyer;

(f) modifying or limiting any requirement of this Part or the regulations if compliance with the requirement could

(i) compromise the safety or security of a designated consumer good, or

(ii) disclose a trade secret or proprietary information in a manner that cannot reasonably be addressed under subsection 211.3(3);

(g) defining any word or phrase used but not defined in this Part;

(h) prescribing anything referred to in this Part as being prescribed;

(i) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Part.

Scope and application of regulations

211.6(2)   A regulation under this Part may be general or particular in its application, may establish classes and apply differently to different classes and may apply to the whole or any part of the province.

Coming into force

3   This Act comes into force on a day to be fixed by proclamation.