.png){kind=small}
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 | |
| POWERS AND DUTIES OF THE BOARD | ||
| 3 | Repealed | |
| 4 | (1) | Powers and duties of board |
| (2) | Investigation and recommendations | |
| (3) | Application of Family Farm Protection Act | |
| 5 | (1) | Board's investigatory powers |
| (2) | Duty to cooperate | |
| (3) | Duty to provide information | |
| 6 | Repealed | |
| 7 | Protection 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 | |
| DISESTABLISHMENT OF FORMER BOARD AND TRANSITIONAL PROVISIONS | ||
| 62.1 | Definitions | |
| 62.2 | (1) | Former board disestablished |
| (2) | Limited continuation of former Act and board | |
| (3) | Other matters before the former board | |
| 62.3 | Legal proceeding or action against former board | |
| 62.4 | Judicial review of decisions of former board | |
| 62.5 | Orders continued | |
| 62.6 | Transitional regulations | |
| CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
| NOTE: This section contained consequential amendments to ">63 NOTE: This section contained consequential amendments to | ||
| 64 | Repeal | |
| 65 | C.C.S.M. reference | |
| 66 | Coming into force | |