Bill 46 — Second Session, 17Th Legislature, 21 Ehzabeth Ii the Legislative Assembly of Alberta Bill 46 the Farm Implement Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5180

Alberta — Bills

1973 Bill 46 Second Session, 17th Legislature, 21 EHzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 46 The Farm Implement Amendment Act, 1973 MR. MOORE First Reading ..... " ....................... . Second Reading . Third Reading .... Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 46 Mr. Moore BILL 46 1973 THE FARM IMPLEMENT AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly 'Of Alherta, enacts as follows: 1. The. Farm Implement Act is hereby amended.

Section 2 is amended (

a) as to clause (a), by st,riking out the words ", re pair par1ts and implement services" and by substi tuting therefor the words "and includes a person who leases farm implements tD farmers", (

b) as to clause (b), by striking out the figure "$200" and by substituting therefor the figure "$1,000", (

c) as to clause (e,), by striking out the words "Dr who sells Dr leases farm implements".

Section 4. is amended (

a) as to subsection (1), by adding after clause (

d) the following: (d1) shall contain such other information as re quired by the Minister, (

b) by adding after subse.cticJn (1) the following:

(1.1) Where (

a) a new tractor is sold, the sale agreement shall state the drawhar horsepower 'Or the P'Ower takeoff horsepower, and (

b) a new farm implement, other than a tractor, is sold wh~ch has as a compDsite part 'Of it a new engine or motor, the sale a;greement shall state the belt hDrsepower, and that tractor, or the engine 'Or motor in that farm implement, shall be deemed to he warranted as being capable of developing the hDrsepDwer as stated in the sales agreement if that tractDr Dr farm

Explanatory Notes 1. This Bill amends

chapter 136 of the Revised Statutels of Al berta 1970.

Section 2, clauses (a), (

b) and, (

e) presently read: 2. In this Act, (a) "dealer" means a person operating in the ordinary conrS'e of bus iness a retail establishment for the sale or resale of farm imple ments, repair parts and implement services; (b ) "farm implE\'ment"nieans' any implement or. niacnineha,ViI:lg the retail sale price 'of $200 or more and uS'ed o·r intended for use in farming operaUons, but does not include a motor vehicle as de fined in The Highway Trafffc Act; (e) "vendo,r" means a manufacturer or supplier of farm Im'plements who sells, consigns or deliver,s farm implements to a dealer for sale or resale in the ordinary course o,f business or who sells or leases farm implements. 3. (

a) This amendment will requdre such further information as required by the Minister to be set out in sale agree ments. (

b) This amendment will require the amount of horsepower to be warr,anted.. (

c) This amendment will allow a warranty to be stated in a document other than a sale. agreement.

(

c) implement is properly operated and maintained and used under reasonable operating conditions. as to subsection (2) , by adding after the words "subsection (1), clause (c)" the words "or sub section (1.1)".

Section 5 is amended (

a) by renumbering the

section as subsection (1), (

b) as to the. renumbered subsection (1), by adding after the words "an agreement" the words "'Or other document", and (

c) by adding after the renumbered subsection (1) the following subsection:

(2) The warranties provided for by thi,s

section shall be deemed to apply for a period of time of not less than one year from ,the date that the new farm .implement is first used within the first normal season of use by the purchaser for its intended pur pos'e and not from any earlier date. 5. The. following 8ection is added after

section 7: 7.1

(1) Notwithstanding anything in this Act, the Lieu tenant Governor .in Council may make regulations (

a) imposing duties and obligations upon (

i) vendors respecting the selling and supplying of parts to dealers ,in an emergency, and (ii) other persons respecting the pu~chasing and acquiring of parts for farm implements in an em'ergency, (

b) defining the term "emergency" for the purpose of the regulations, and (

c) generally, governing the selling, purchasing, supply ing and acquiring of parts for farm implements in an emergency.

(2) A person WhD has suffered loss or damage has a cause 'Of action for damages against a person who does not comply with the regulations 'or fulfil his duties or obliga tions imposed by the regulations, if that loss or damage is attributable tD that person's non-compliance with the regu lations or the non-fulfulment of his duties or obligations imposed by the regulations.

Section 8 is struck out and the following

section is 8ub8tituted therefor: 8.

(1) Where a sale agreement Dr other document pro- 2

4. The amendment will provide a minimum warranty period for those items set out in the present

section which presently reads: 5. Notwithstanding anything contained in an agreement, every new farm implement soldshaU be deemed to be warranted to be (

a) made of good material, (

b) pl'operly constructe,d, both as to design and workmanship. (

c) in good working order, (

d) capable of performing in a satisfactory manner the work for whIch it is intended, subject to reasonable operating condItions and proper use and maintenance, and (

e) designed and constructed in every way so as with proper care and use, to ensure reasonable durablllty. G. Self-explanatory.

Section 8 presently reads: 8. Where a sale agreement of a new farm implement sets a time limit on the duration of any warranty given therein, that time shall be deem .ed to run from the date the implement is' first used within the flrat normal season of use by the purehaS'er for its intended purpose and not from any earlier date, notwithstanding anyth!n&" contained in the _10 ~reement. 2

vides a warranty with respect to a new farm implement, that warranty shall be deemed to apply for a period of not less than 'One year from the date that the new farm imple ment is first used within the first normal season of use by the purchaser for its intended purpose and not from an earlier date notwHhstanding anything contained in the sale ag-reement lOr other document.

(2) Nothing in subsection (1) shall be deemed to prevent a vendor 'Or a dealer from providing for and binding himself tba warranty rp'eriodof more than 'One year.

Section 9 is amended by striking out subsection (2) and by "substituting therefor the following: , (~) SubS'ection (1) does not apply to any statement in so far as it limits the duration of any warranty to a period of time of not less than one year if the limitation is clearly set forth in the document setting out the warranty. 8. Sect,ion 19 is amended by striking out clauses (e), (

I) and (g). 9. The following

section is added afterse.ction23: 23.1

(1) A dealer shall not sell or offer for sale a farm implement unless the farm implement was 'Obtained by the dealer from .or through a vendor lkensed pursuant to ,this Act.

(2) A vendor shall not (

a) sell a farm implement tQ any person except a dealer licensed pursuant to tro,s Act, 'Or (

b) supply a farm implement to any person except a dealer licensed pursuant to this Act or 'Other person authorized by a deal'er to take delivery of a farm implement. (3) Subsection (1) does not apply with respect to the sale of used farm implements.

Section 24 is struck out and the following

section is substituted the.refor: 24.

(1) No pers'On shall (

a) carryon the business 'Of a dealer unless he is the holder of a dealer's licence, and (b), after December 31, 1973, carry 'On the business 'Of a vendor unless he is the h.older of a vend'Or's licence issued t'Ohim /by 'Or on behalf 'Of the Minister under this Act· 'and:the' ,regulati'Ons. 3

Section 9 presently reads: 9.

(1) Any sta'tement in a sale agreement, order, security instrument or statement of warranties made, taken or given in connection with the sale of a farm implement to the ·effeot that the liability of the vendor as provided in this Act is limited or modified in a.ny way is' void. (2) Subsection (1) does not apply to a.ny statement in so far as it (

a) limits the duration of any warranty, or (

b) limits the liability of the vendor or dealer for consequential dam ages arising out of a breach of warranty, if the limitati{m is clearly set out in the document setting out the warranty. (3) Subsection (1) does not affect the validitY of the remaining pro visions of the agreement, order, instrument or statement. 8. These clauses presently provide for enacting regulations gov erning vendors. These matters will now be provided for under

section 24. 9. Self-explanatory. 3

(2) A J,icence shall not be issued under this Act unless the applicant furnishes Ito the Minister slecurity in favor of the Crown 1n right of Alberta (

a) in a form acceptable to the Minister, and (

h) in the amount of $10,000 or such greater amount as the regulations require or as the Minister may in any particular case require.

(3) The Minister may at any tim'e ~equire a licensee to furnish security in a greater amount than that already furnished. ( 4) Where a security furnished under thiis

section is for feited, the proceeds from the security may be used to the benefit of persons who have claim,s against the licensee for the payment of money owing to them by the licens'ee under this Aot, the regulations or any agreement 'entered into pursuant to this Act or the regulations.

(5) The Lieutenant Governor in Council may make regu lations: (

a) governing applications for dealers' licenc'es and ven dors' licences or renewals thereof and the require ments to be met by the applicants rtherefor; (

b) preseribing the fees to be paid upon applications for, 'Or for the issue of, a licence or a renewal thereof; (

c) designating the pe~sons who may issue licences on behalf of the Minister; (

d) governing the issue of licences and the duration of licences or renewals ,thereof; (

e) prescribing the duties of and services to be p'er formed by holders of licences; (

f) prescribing the oircumstances under which a licence may be suspended or cancelled by the Minister or under which a renewal of a licence may be refused; (

g) prescribing the duties of the holder of a licence that has been suspended or cancelled or has terminated and not been renewed; (

h) providing for the reinstatement of a licence that has been suspended or cancelled; (

i) prescflibing condiltions upon which security will be forfeited; (

j) setting forth the rights of the Crown in right of Alberta with respect to s'ecurity furnished under thi,s section; (

k) providing for (

i) the filing of cla,!ims by claimants against the 4

Section 24 presently reads: 24.

(1) No person shall after December 31, 1971 carry D,n the business of a dealer unless he is the holder of a licence issued to him by or on behalf of the Minister under this Act.

(2) A licence ,shall not be issued under this Act unless the applicant furnishes to the Minister a bond in favour of the Crown in right ot Albe,rta (

a) in a form acceptable to the Minister, (

b) in the amount of $10,000 or such greater amJount as the regu lations require Dr as the Minister may in any particular case re quire, and (

c) conditioned on the payment by the dealer of all moneys which the dealer becomes liable to pay to hi,s purchasers under this Act or any sale agr,eements.

(3) The Minister may at any time require a licensee to furnish a bond in a greater amount ,than the bond already furnished.

(4) Where a bo,nd under this

section is forfeited by reason of a breach of the" condit!ion of the bond, the proceeds of the bond may be used for the benefit of purchasers who have claims against the dealer for the paymen t lof money ow,ing to them by the dealer under ,thls Act.

(5) Notwithstanding that the Crown in right of Alberta has' not suf fered any loss or damages, a bond furnished under this

section shall be considered as a penal bond and upon forfeiture the amDunt owing to the CrDwn by a person hound thereby shall be determined as if the Crown suffered such damages as would entitle the Crown to be in demnified to the maximum amount of liability prescribed by the bond.

(6) Any moneys remaining unexpended after the payment 'Of all claims pursuant to the regulations shall be refunded to the surety Dr obligor under ,the bond.

(7) The Lieutenant Go;vernor in Councdl may make regulations (

a) governing applications for dealer's licences or renewals thereof and the requirements to be met by applicants therefor; (

b) prescribing the fees to be paid upon applications for, or for the issue of, a licence or a re,newal thereof; (

c) designating the officers IOlf the Department of Agriculture who may iss'ue a Licence on beha:lf of the Minister; (

d) governing the issue of licences and the duration of licences or renewals thereof; (

e) prescribing the duties of holders of licences; (

f) prescTibing the circumstances under whiich a licence may be sus pended or cancelled by the Minister or under Which a renewal qf a licence may be refused; (

g) prescribing the duties ,ofthe hoJder of a licence that has been suspended or ,cancelled or has terminated and not been renewed; (

h) providing for the reinstatement of a licence that has been sus pended or cancelled; (

i) providing fOor (

i) the filing of claims by claimants against the bond furnished by a l~censee, (ii) the manner of proving the claims, (iili) the conditions' on which the proceeds of the bond are to be used to satisfy the claims filed, and (iv) the pro rr"ta payment of claims where the proceeds of the bond are insufficient to meet all claims; (

j) providing for any other matter or procedure pertaining to .the licensing or bonding of dealer,s or the claims of purchasers agains,t bonds' furnished by dealers.

(8) An application fOor a licence under .this

section may 'IlIOt be made until October 1, 1971. 4

secudty furnished by a licensee, (ii) the manner of proving the claims, (iii) the conditions 'On which the proceeds 'Of the security are to be used to satisfy the claims filed, and (iv) the pro rata payment 'Of claims where the pro ceeds of the security are insuffioient t'O meet all claims; (1) requiring vendors t'O file with the Mtinister, 'Or per S'Ons designated by him, statements showing the 'dealers who obtain, 'Or are likely to obtain, farm implements or parts from 'Or thr'Ough the vendor; (

m) auth'Orizing the Minister to require any vendor to furnish t'O the Minister 'On request (

i) informati'On relating to the farm impl'ements manufactured 'Or supplied by the vendor, (ii) lists, by categ'Ory 'Or group, 'Of parts maJintained in st'Ock in Alberta for the vendor's farm implements, (,iii) a statement 'Or true C'OPy of the current pub lished suggested retail prices f'Or its imple ments and parts, (iv) copies of specific sale agreements 'Of farm im pl'ements, and (

v) any other specified informati'On per.taining to the vendor's business in Alberta; and (

n) generally, for carrying 'Out the purposes and intent 'Of this A:ct. 11. This Act comes into force on a date or dates to be. fixed by Proclamation. 5 Title: 1973 (17th, 2nd) Bill 46, The Farm Implement Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5180
Type	bill
Volume / chapter	L17 S2 5180
Language	en
Format	json
Source	PROVINCIAL
Identifier	78b0c3685b8274512c472c864ed0aff8b5c8fb47

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