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3 | Repealed | |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6 | Repealed | |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(3) | Repealed | |
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 | |
55 | Repealed | |
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 |