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An Act to amend The Consumer Protection Act

R.S.M. 1987 Supp., c. 9

An Act to amend The Consumer Protection Act

Sec. 58.1 and 58.2 added.

1

The Consumer Protection Act, chapter C200 of the Re-enacted Statutes of Manitoba, 1987, is amended by adding immediately after section 58 the following sections:

Personal liability of seller.

58.1

In every retail sale or retail hire purchase of goods or services, the seller is personally liable to the buyer for all duties, liabilities, obligations and warranties applicable to the sale or hire purchase by this Act or by contract and the seller shall bear all expenses incidental to having the goods serviced under any warranty whether given by the manufacturer, seller or a third party.

Extended warranty.

58.2

Notwithstanding any provision in a contract to service or repair goods including an extended warranty contract, the person who arranged the contract is personally liable to the buyer for the performance of all obligations under the contract to service or repair the goods whether or not that person is a party to the contract or received a fee, commission or other remuneration for arranging the contract.

Subsec. 75(2) and (3) rep. and sub.

2

Subsections 75(2) and (3) of the Act are repealed and the following subsections are substituted therefor:

Licensing of direct sellers.

75(2)

No person shall, on behalf of a vendor, make any offer, solicitation, proposal, or approach that is intended to result in a sale to which Part VII applies unless the person is licensed as a direct seller for that vendor under this Act.

Use of unlicensed direct seller.

75(3)

No vendor shall use a person as a direct seller unless that person is licensed under this Act as a direct seller for that vendor.

Subsec. 75(5) am.

3

Subsection 75(5) of the Act is amended by repealing all that part of the subsection preceding clause (a) and substituting therefor the following:

Alternative to direct seller licensing.

75(5)

Notwithstanding subsections (2) and (3) where a vendor confirms that the value of the average retail sale of goods by direct selling is less than $50. and the direct seller is permanently resident in Manitoba, the vendor and the director may agree upon terms and conditions whereby an alternative to the licensing requirements may be arranged if.

Subsec. 81(3) rep. and sub.

4

Subsection 81(3) of the Act is repealed and the following subsections are substituted therefor:

Authority of direct sellers license

81(3)

The holder of a licence as a direct seller shall only act as a direct seller for, or on behalf of, the vendor whose name is specified in the licence.

Director may limit number.

81(3.1)

The director may limit the aggregate number of direct sellers who may be licensed to act for and on behalf of a vendor licensed in accordance with subsection 75(1).