Manitoba Hansard — 42 5 b219e.php

42-5 b219e.php

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Home → Legislative Business → Bills → 42-5

Status of bills in this Session.

5th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 219

THE CONSUMER PROTECTION AMENDMENT AND FARM MACHINERY AND EQUIPMENT AMENDMENT ACT (RIGHT TO REPAIR — VEHICLES AND OTHER EQUIPMENT)

Bilingual version (PDF)

Explanatory Note

(Assented to )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE CONSUMER PROTECTION ACT

C.C.S.M. c. C200 amended

1 The Consumer Protection Act is amended by this Part.

2 The following is added as

Part XXII.2:

PART XXII.2

RIGHT TO REPAIR MOTORIZED VEHICLES

Definitions

211.4 The following

definitions apply in this Part.

"branded motorized vehicles" means motorized mobility aids or recreational motorized vehicles branded as being produced by a specific manufacturer. (« véhicule à moteur de marque »)

"manufacturer" means a business that

(

a) produces motorized mobility aids or recreational motorized vehicles; or

(

b) is branded as being the producer of motorized mobility aids or recreational motorized vehicles. (« fabricant »)

"motorized mobility aid" means a motorized mobility aid as defined in The Highway Traffic Act . (« engin motorisé »)

"motorized vehicle repair business" means a business that diagnoses, maintains or repairs motorized mobility aids or recreational motorized vehicles used by consumers. (« entreprise de réparation de véhicules à moteur »)

"recreational motorized vehicle" means a self-propelled vehicle that is designed and intended to transport one or more persons on land or water for recreational purposes and includes

(

a) a golf cart;

(

b) a motorized foot scooter, a motor-powered skateboard, a child's ride-on car, a pocket or mini bike (motorcycle), a Segway or any other self-balancing vehicle or device;

(

c) an off-road vehicle as defined in The Off-Road Vehicles Act ;

(

d) a pleasure craft as defined in the Canada Shipping Act, 2001 ; and

(

e) a power-assisted bicycle as defined in The Highway Traffic Act ;

but does not include

(

f) farm equipment or farm machinery as defined in The Farm Machinery and Equipment Act ;

(

g) infrastructure equipment as defined in The Highway Traffic Act ; or

(

h) a motor vehicle as defined in The Highway Traffic Act . (« véhicule récréatif à moteur »)

Right to repair

211.5(1) At the request of a consumer or motorized vehicle repair business, a manufacturer must, within a reasonable time, provide the most recent version of the repair manual, replacement parts, software and other tools that the manufacturer uses, or provides to others, for

(

a) diagnosing, maintaining or repairing its branded motorized vehicles; or

(

b) resetting an electronic security function of its branded motorized vehicles if the function is disabled during diagnosis, maintenance or repair.

No charge for repair manual

211.5(2) The manufacturer must provide access to the repair manual at no charge unless the consumer or business requests a paper version of the repair manual.

Printed repair manual at cost

211.5(3) If the consumer or business requests a paper version of the repair manual, the manufacturer may charge a fee, but the fee must not exceed a reasonable estimate of the costs of printing the repair manual.

Confidentiality agreement

211.5(4) The manufacturer may require a person to sign a confidentiality agreement if a repair manual discloses a trade secret of the manufacturer.

Parts, software, tools at fair price

211.5(5) The manufacturer may charge a fee for providing replacement parts, software and other tools but only if the manufacturer

(

a) does not discriminate in respect of the amount of the fee charged to a consumer or a motorized vehicle repair business and any other person; and

(

b) ensures that the net profit percentage of the charged fee does not exceed a reasonable estimate of the net profit percentage that the manufacturer earns for diagnostic, maintenance or repair services if the manufacturer provides those services.

Consequences of non-compliance

211.6 A manufacturer who refuses or is unable to comply with

section 211.5 must, upon the request of a consumer who purchased the manufacturer's branded motorized vehicle,

(

a) replace the motorized mobility aid or recreational motorized vehicle at no cost; or

(

b) refund the amount paid by the consumer to purchase the motorized mobility aid or recreational motorized vehicle.

PART 2

THE FARM MACHINERY AND EQUIPMENT ACT

C.C.S.M. c. F40 amended

3(1) The Farm Machinery and Equipment Act is amended by this Part.

3(2)

Section 1 is amended by adding the following

definitions:

"branded farm equipment" means farm equipment branded as being produced by a specific vendor; (« matériel agricole de marque »)

"branded farm machinery" means farm machinery branded as being produced by a specific vendor; (« machine agricole de marque »)

"farm repair business" means a business that diagnoses, maintains or repairs farm equipment and farm machinery; (« entreprise de réparation agricole »)

3(3)

Section 29 is amended

(

a) in the part before clause (a), by striking out " and the vendor "; and

(

b) in the part after clause (c),

(

i) by striking out " and vendor ", and

(ii) by striking out " or the vendor ".

4 The following is added as sections 29.1 and 29.2:

Right to repair

29.1(1) At the request of a purchaser of farm equipment or farm machinery or a farm repair business, a vendor must, within a reasonable time, provide the most recent version of the repair manual, repair parts, software and other tools that the vendor uses, or provides to others, for

(

a) diagnosing, maintaining or repairing its branded farm equipment or branded farm machinery; or

(

b) resetting an electronic security function of its branded farm equipment or branded farm machinery if the function is disabled during diagnosis, maintenance or repair.

No charge for repair manual

29.1(2) The vendor must provide access to the repair manual at no charge unless the purchaser or business requests a paper version of the repair manual.

Printed repair manual at cost

29.1(3) If the purchaser or business requests a paper version of the repair manual, the vendor may charge a fee, but the fee must not exceed a reasonable estimate of the costs of printing the repair manual.

Confidentiality agreement

29.1(4) The vendor may require a person to sign a confidentiality agreement if a repair manual discloses a trade secret of the vendor.

Parts, software, tools at fair price

29.1(5) The vendor may charge a fee for providing replacement parts, software and other tools but only if the vendor

(

a) does not discriminate in respect of the amount of the fee charged to a purchaser or a farm repair business and any other person; and

(

b) ensures that the net profit percentage of the charged fee does not exceed a reasonable estimate of the net profit percentage that the vendor earns for diagnostic, maintenance or repair services if the vendor provides those services.

Consequences of non-compliance

29.2 A vendor who refuses or is unable to comply with

section 29.1 must, upon the request from a purchaser of the vendor's branded farm equipment or branded farm machinery,

(

a) replace the branded farm equipment or branded farm machinery at no cost; or

(

b) refund the amount paid by the purchaser to purchase the branded farm equipment or branded farm machinery.

PART 3

COMING INTO FORCE

Coming into force

5 This Act comes into force six months after the day it receives royal assent.

Explanatory Note

This Bill amends The Consumer Protection Act and The Farm Machinery and Equipment Act .

A manufacturer must make the items necessary to maintain and repair its vehicle, farm equipment and machinery available to purchasers and repair businesses at a reasonable price.

If a manufacturer does not make the necessary items available, the manufacturer must replace the vehicle, farm equipment or machinery at no charge or refund the purchase price.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	42-5 b219e.php
Type	bill
Volume / chapter	42 5 b219e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	794b83901488db511f8a70a68e1b27f7e1ba27d0

Source file is stored in the law ingest library (html).