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C.C.S.M. c. F40
The Farm Machinery and Equipment Act
| INTERPRETATION AND APPLICATION | |
| 1(1) | Definitions |
| (2) | Meaning of "purchaser" |
| 2(1) | Application of Act |
| (1.1) | Financial lease of farm machinery or equipment |
| (1.2) | Notice to dealer |
| (2) | Non-application of Act |
| (3) | Application of Act to trustees and others |
| (4) | Application of Act to used farm machinery or farm equipment |
| FARM MACHINERY BOARD | |
| 3(1) | Farm Machinery Board continued |
| (2) | Appointment of members |
| (3) | Designation of chairperson and vice-chairperson |
| (4) | Quorum |
| (5) | Remuneration |
| 4(1) | Powers and duties of board |
| (2) | Investigation and recommendations |
| 5(1) | Board's investigatory powers |
| (2) | Duty to cooperate |
| (3) | Duty to provide information |
| 6 | Officers and employees |
| 7 | Exemption from liability |
| LICENSING AND OTHER REQUIREMENTS OF VENDORS AND DEALERS | |
| 8(1) | Dealer licence required |
| (2) | Vendor licence required |
| (3) | Exception for financial institutions, etc. |
| 9(1) | Application for a licence |
| (2) | Licence application fee non-refundable |
| 10(1) | Board may issue or refuse to issue licence |
| (2) | Terms and conditions |
| (3) | Coverage under Fund required for licence |
| 11 | Conditions to which all licences are subject |
| 12 | Renewal of dealer or vendor licence |
| 13 | Failure to renew licence |
| 14(1) | Notice of intent to suspend or cancel licence |
| (2) | Dispute of notice to suspend or cancel licence |
| (3) | Notification of hearing re proposed suspension or cancellation |
| (4) | Notice shall state date, time and place of hearing |
| (5) | Date of hearing |
| (6) | Licence holder may be represented |
| 15(1) | Decision of board after hearing |
| (2) | Board shall notify licence holder of decision |
| 16(1) | Filing of retail price lists |
| (2) | Vendor to file list of names and addresses of dealers |
| (3) | Vendor to advise of any changes |
| (4) | Board may request information |
| DEALER-VENDOR BUSINESS DEALINGS AND DEALERSHIP AGREEMENTS | |
| 16.1 | Application of sections 16.2 to 16.12 |
| 16.2 | Definition of "terminate" in sections 16.3 to 16.11 |
| 16.3(1) | Prohibition on termination of dealership agreement |
| (2) | Exceptions |
| 16.4 | Prohibition on discrimination |
| 16.5(1) | Application to court for order |
| (2) | Order to protect parties' interests |
| (3) | Order by the court |
| 16.6 | Circumstances that are cause for termination |
| 16.7 | Circumstances that are not cause for termination |
| 16.8(1) | Mediation |
| (2) | Length of mediation period |
| (3) | Parties may agree to extend mediation |
| (4) | Stay of proceedings |
| (5) | Choice of mediator |
| (6) | List of mediators |
| (7) | Mediator to meet with parties |
| (8) | Parties must participate in good faith |
| (9) | Mediator's report |
| (10) | Admissions in course of mediation |
| (11) | Mediator's fees and expenses |
| (12) | No liability |
| 16.9 | Certain provisions void |
| 16.10(1) | Application to court for relief from termination |
| (2) | Court may order reinstatement etc. |
| (3) | Application of section |
| 16.11 | Termination by mutual agreement |
| 16.12 | Limitation of actions |
| SALE CONTRACT FOR NEW FARM MACHINERY OR FARM EQUIPMENT | |
| 17(1) | Form and contents of sale contract |
| (2) | Sale contract to be signed |
| (3) | Non-application of subsection (2) |
| (4) | Used parts to be specified in sale contract |
| (5) | Sale contract not to be used for second-hand machinery |
| (6) | Sale contract to be retained |
| (7) | Effect of non-compliance with form |
| (8) | Compliance with other statutes |
| 18 | Agreement to limit liability void |
| 19 | Assignment of sale contract |
| 20(1) | Machinery and equipment represented to be new |
| (2) | Return of consideration |
| (3) | Payment of costs to repair |
| LEASES, LEASE-PURCHASES AND FINANCIAL LEASES | |
| 21(1) | Leases, lease-purchases and financial leases |
| (2) | Lease, lease-purchase or financial lease may be assigned |
| WARRANTIES AND REPAIRS | |
| 22(1) | Warranty |
| (2) | Length of warranty |
| (2.1) | Warranty enforceable by purchaser under financial lease |
| (3) | Equipment not subject to statutory warranty |
| (4) | Unwarranted parts and material |
| (5) | Limitation on warranty |
| (6) | Term re power of machinery or equipment |
| (7) | Dealer and vendor jointly and severally liable under warranty |
| (8) | Liability of dealer and assignee under warranty |
| (9) | Optional additional warranties |
| (10) | Non-application of warranty |
| 23(1) | Date of delivery |
| (2) | Failure to meet date of delivery |
| (3) | Return of consideration by dealer |
| (4) | Payment of costs of repair |
| (5) | Acceptance of late delivery by purchaser |
| (6) | Cancellation of contract by dealer |
| 24(1) | Trial period to be specified in contract |
| (2) | Rejection of machinery or equipment |
| (3) | Time for correcting defects |
| (4) | Cancellation of contract |
| (5) | Negligence of purchaser |
| 25 | Rejection of machinery or equipment in certain cases |
| 26(1) | Replacement of defective parts |
| (2) | Warranty on parts |
| 27 | Warranty on repair parts |
| 28(1) | Application to board |
| (2) | Investigation and examination by board |
| (3) | Decision by board |
| (4) | Legal action by purchaser |
| (5) | Decision shall be considered by court |
| (6) | Certified copy of board's decision may be filed |
| (7) | Board members, officers and staff not required to give evidence in civil suits |
| 29 | Availability of repair parts |
| 30(1) | Emergency repair parts |
| (2) | When emergency repair part service shall be used |
| (3) | Notice to dealer |
| (4) | Time for supplying emergency repair parts |
| 31 | Dealer shall provide alternative equipment |
| 32(1) | Reimbursement by vendor for costs for late delivery |
| (2) | Sharing of costs for late delivery |
| 33 | Dealer ceasing to carry on business |
| IDENTIFICATION OF FARM MACHINERY AND FARM EQUIPMENT | |
| 34(1) | Definition |
| (2) | Application of section |
| (3) | Model year to be shown on machinery and equipment |
| (4) | Serial number not to be defaced |
| LIENS | |
| 35(1) | Definition of lienholder |
| (2) | Liens |
| (3) | Application of The Personal Property Security Act |
| (4) | Creation of other security interests |
| 36(1) | Limitation on application of lien |
| (2) | Collateral liens prohibited |
| 37(1) | Title remains in lienholder |
| (2) | Possession in purchaser |
| 38(1) | Repossession without leave prohibited |
| (2) | Application to board to repossess |
| (3) | Application requirements |
| (4) | Copy of contract to accompany application |
| (5) | Matters to be considered by the board |
| (6) | Purchaser to be notified of hearing date |
| (7) | Hearing and decision by board |
| (8) | Application to court for revocation order |
| (9) | Procedure on application to court |
| 39(1) | Retention for 10 working days |
| (2) | Notice of repossession by lienholder |
| (3) | Failure of lienholder to give notice |
| (4) | Repossessed machinery and equipment at risk of lienholder |
| 40(1) | Leave to repossess terminates on redemption |
| (2) | Continuing leave may be granted |
| 41 | Purchaser to produce machinery and equipment |
| 42(1) | Sale with consent of purchaser |
| (2) | Sale by lienholder |
| (3) | Disposition of proceeds of sale |
| (4) | Purchaser's liability is discharged |
| (5) | Written statement by lienholder |
| (6) | Damage to farm machinery or farm equipment |
| (7) | Investigation by board |
| 43(1) | Assignment of earnings |
| (2) | Limitation on amount of earnings assigned |
| (3) | Service of order |
| (4) | Pro rating of earnings |
| (5) | Credit to purchaser's account |
| PURCHASE OF UNUSED STOCK FROM DEALER BY VENDOR | |
| 44(1) | Definitions |
| (2) | Vendor to purchase unused machinery and parts |
| (3) | Vendor not obligated to purchase |
| 45(1) | Payment by vendor |
| (2) | Signing of declaration by dealer |
| (3) | When payment from vendor is due |
| (4) | Time for payment may be extended |
| 46 | Payment under terminated agreement |
| 47 | Service of notice to purchase on vendor |
| 48 | Parts to be clearly identified |
| 49 | Care and custody of unused farm machinery or farm equipment |
| 50 | Adequate packaging of machinery and equipment |
| 51(1) | Deductions by vendor for parts |
| (2) | Deductions by dealer or vendor |
| 52 | Cost of repainting |
| MISCELLANEOUS | |
| 53(1) | Notification by facsimile transmission |
| (2) | Notification by registered mail |
| 54 | Minister may enter into agreement |
| THE FARM MACHINERY AND EQUIPMENT ACT FUND | |
| 55(1) | The Farm Machinery and Equipment Act Fund continued |
| (2) | Fund to be administered by the board |
| (3) | Board may impose annual levy |
| (4) | Control and supervision of Fund |
| (5) | Investment of money in Fund |
| (6) | Payment of claims from the Fund |
| (7) | Other payments from the Fund |
| (8) | Fiscal reporting |
| ENFORCEMENT | |
| 56(1) | Appointment of inspectors |
| (2) | Certificate to be produced |
| 57(1) | No obstruction |
| (2) | Assistance to inspector |
| 58(1) | Entry and inspection |
| (2) | Use of data processing system and copying equipment |
| (3) | Records |
| 59(1) | Warrant to enter a dwelling place |
| (2) | Authority to issue warrant |
| 60(1) | Warrant to search and seize |
| (2) | Use of force |
| (3) | Additional seizure powers |
| (4) | Where warrant not necessary |
| (5) | Storage of seized things |
| 61 | Offence and penalty |
| REGULATIONS | |
| 62(1) | Regulations by minister |
| (2) | Retroactive regulations |
| CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 63 | |
| 64 | Repeal |
| 65 | C.C.S.M. reference |
| 66 | Coming into force |