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C.C.S.M. c. F40
The Farm Machinery and Equipment Act
Table of Contents
| INTERPRETATION AND APPLICATION |
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| 1 | Definitions | |
| (2) | Meaning of "purchaser" | |
| 2 | 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| 3 | [Repealed] | |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 | Powers and duties of board | |
| (2) | Investigation and recommendations | |
| (3) | Application of Farm Lands Ownership Act | |
| 5 | Board's investigatory powers | |
| (2) | Duty to cooperate | |
| (3) | Duty to provide information | |
| 6 | [Repealed] | |
| 7 | Protection from liability | |
| 8 | [Repealed] | |
| 9 | [Repealed] | |
| 10 | [Repealed] | |
| 12 to 16 | [Repealed] | |
| DEALER-VENDOR BUSINESS DEALINGS AND DEALERSHIP AGREEMENTS |
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| 16.2 | Definition of "terminate" in sections 16.3 to 16.11 | |
| 16.3 | Prohibition on termination of dealership agreement | |
| (2) | Exceptions | |
| 16.4 | Prohibition on discrimination | |
| 16.5 | 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 | 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 | 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 |
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| 17 | 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 | Machinery and equipment represented to be new | |
| (2) | Return of consideration | |
| (3) | Payment of costs to repair | |
| LEASES, LEASE-PURCHASES AND FINANCIAL LEASES |
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| 21 | Leases, lease-purchases and financial leases | |
| (2) | Lease, lease-purchase or financial lease may be assigned | |
| WARRANTIES AND REPAIRS | ||
| 22 | 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 | 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 | 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 | Replacement of defective parts | |
| (2) | Warranty on parts | |
| 27 | Warranty on repair parts | |
| 28 | 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 | 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 | 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 |
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| 34 | Definition | |
| (2) | Application of section | |
| (3) | Model year to be shown on machinery and equipment | |
| (4) | Serial number not to be defaced | |
| LIENS | ||
| 35 | Definition of lienholder | |
| (2) | Liens | |
| (3) | Application of The Personal Property Security Act | |
| (4) | Creation of other security interests | |
| 36 | Limitation on application of lien | |
| (2) | Collateral liens prohibited | |
| 37 | Title remains in lienholder | |
| (2) | Possession in purchaser | |
| 38 | Repossession only in accordance with Act | |
| 38.1 | Repossession for default of payment | |
| (2) | Lienholder not entitled to repossess | |
| (3) | Notice content | |
| (4) | When new notice is required | |
| 38.2 | Repossession with leave of the board | |
| (2) | Application for leave | |
| (3) | Hearing | |
| (4) | Hearing without notice | |
| 38.3 | Application to set aside notice | |
| (2) | Application to court for revocation order | |
| (3) | Procedure on application to court | |
| (4) | Stay of proceedings | |
| 39 | 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 | New notice or leave required | |
| 41 | Purchaser to produce machinery and equipment | |
| 42 | 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 | 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 |
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| 44 | Definitions | |
| (2) | Vendor to purchase unused machinery and parts | |
| (3) | Vendor not obligated to purchase | |
| 45 | 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 | Deductions by vendor for parts | |
| (2) | Deductions by dealer or vendor | |
| 52 | Cost of repainting | |
| MISCELLANEOUS | ||
| 53 | Notice or other document by e-mail | |
| (2) | Notification by registered mail | |
| 54 | Minister may enter into agreement | |
| 55 | [Repealed] | |
| ENFORCEMENT | ||
| 56 | Appointment of inspectors | |
| (2) | Certificate to be produced | |
| 57 | No obstruction | |
| (2) | Assistance to inspector | |
| 58 | Entry and inspection | |
| (2) | Use of data processing system and copying equipment | |
| (3) | Records | |
| 59 | Warrant to enter a dwelling place | |
| (2) | Authority to issue warrant | |
| 60 | 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 | Regulations by minister | |
| (2) | Retroactive regulations | |
| 62.1 to 62.6 | [Repealed] | |
| CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
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| 63 | [amendments to The Personal Property Security and Consequential Amendments Act] | |
| 64 | Repeal | |
| 65 | C.C.S.M. reference | |
| 66 | Coming into force | |