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3 | [Repealed] | |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6 | [Repealed] | |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8 | [Repealed] | |
9 | [Repealed] | |
10 | [Repealed] | |
12 to 16 | [Repealed] | |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 |