Province of Alberta
FARM IMPLEMENT ACT
Revised Statutes of Alberta 2000
Chapter F-7
Current as of November 1, 2010
Office Consolidation
© Published by Alberta Queen’s Printer
Alberta Queen’s Printer
Suite 700, Park Plaza
10611 - 98 Avenue
Edmonton, AB T5K 2P7
Phone: 780-427-4952
Fax: 780-452-0668
E-mail: [email protected]
Shop on-line at www.qp.alberta.ca
Copyright and Permission Statement
Alberta Queen's Printer holds copyright on behalf of the Government of Alberta
in right of Her Majesty the Queen for all Government of Alberta legislation.
Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and
regulations without seeking permission and without charge, provided due
diligence is exercised to ensure the accuracy of the materials produced, and
Crown copyright is acknowledged in the following format:
© Alberta Queen's Printer, 20__.*
*The year of first publication of the legal materials is to be completed.
Note
All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.
Amendments Not in Force
This consolidation incorporates only those amendments in force on the
consolidation date shown on the cover. It does not include the following
amendments:
2014 c18 s2 repeals and substitutes the title, amends s1, adds title "Part I Farm
Implements" after s1, amends ss2(1), 5(1), 6(1), 7, 8, 13, 18, repeals ss23 and 24,
amends s26, repeals 30(g), (j) and (n) and s30.1, adds Part 2 ss30.2 to 30.94 and
title "Part 3 General" before section 31, amends s32(1).
Regulations
The following is a list of the regulations made under the Farm Implement Act that
are filed as Alberta Regulations under the Regulations Act
Alta. Reg.
Amendments
Farm Implement Act
Farm Implement .............................................204/83 ............. 364/87, 147/91,
246/95, 92/96,
206/2001, 251/2001,
27/2002, 92/2003,
371/2003, 222/2004,
35/2007, 207/2007,
24/2008, 68/2008,
31/2012, 62/2013,
215/2014, 17/2016,
48/2017
FARM IMPLEMENT ACT
Chapter F-7
Table of Contents
1
2
3
4
4.1
4.2
5
6
7
7.1
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Definitions
Exemption from Act
Form of agreement
Lease, lease-purchase agreement, financial lease or
financial lease-purchase agreement
Financial lease and financial lease-purchase agreement
Notice to dealer
Implied warranty, power
Implied warranty, quality
Notice of failure to perform
Warranties enforceable under financial lease
Implied warranty, repair parts
Repair parts
Regulations respecting emergency repair parts
Voluntary warranties
Waiver prohibited
Effective date of sale agreement
Copies of sale agreement
Inspection of repair parts stock
Return of defective repair part
Breach of warranty
Exception to breach of warranty
Arbitration of dispute
Powers of inspector
Obliteration of serial number
New serial number
Repurchase by distributor
1
Section 1
24
25
26
27
28
29
30
30.1
31
32
33
34
35
36
37
38
39
40
41
42
43
44
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
Distributor to furnish information
Sale of farm implements
Licences
Cancellation and suspension
Appeal from cancellation, suspension or refusal of licence
Application pending appeal
Regulations
Transitional regulations
Service of notice
Offence and penalty
Staff
Board established
Procedural fairness
Board’s mandate
Application for compensation
Hearing
Fund
Use of Fund
Power of Board to enforce assessments
Board report
Sharing information
Liability exemption
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of Alberta, enacts as follows:
Definitions
1 In this Act,
(a) “Board” means the Farm Implement Board pursuant to
this Act;
(a.1) “custom operator” means a person who purchases a new
farm implement and uses or permits the use of that farm
implement for hire or for service to others for valuable
consideration to the extent of at least 50% of the annual
use of that farm implement;
(b) “dealer” means a person who
2
Section 1
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(i) sells or offers for sale farm implements on that
person’s own account or on account of a distributor,
or
(ii) leases or offers for lease, with or without the right to
purchase, farm implements on that person’s own
account or on account of a distributor, but does not
include a financial institution that has entered into
financial leases or financial lease-purchase
agreements;
(c) “distributor” means a person, including a manufacturer,
who sells, leases, consigns or delivers, or offers for sale,
lease, consignment or delivery, farm implements to a
dealer for sale or lease;
(d) “farm implement” means any implement, equipment,
engine, motor, machine, combine, tractor or attachment
used or intended for use in farming operations but does
not include any thing excluded from the definition of farm
implement by the regulations;
(d.01) “financial institution” means a bank, a treasury branch, a
loan corporation, a trust corporation, a credit union and
any other institution designated in the regulations as a
financial institution if the legislation of the jurisdiction
where the institution is incorporated or continued
authorizes the institution to enter into financial leases or
financial lease-purchase agreements and the institution is
not prohibited from entering into financial leases or
financial lease-purchase agreements;
(d.02) “financial lease” means a lease between a financial
institution and a lessee that, after allowing for the rate of
return to the financial institution agreed to by the lessee, is
intended to recoup to the financial institution its entire
investment in the farm implement, taking into
consideration the value of any tax benefits accruing to the
financial institution on account of the lease, including tax
credits and capital cost allowance claims;
(d.03) “financial lease-purchase agreement” means a financial
lease of a farm implement under which the lessee is given
the right to purchase the farm implement;
(d.1) “Fund” means the money held by the Board pursuant to
this Act;
3
Section 2
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(e) “inspector” means an inspector appointed under section
33;
(f) “lease” means a lease of a farm implement under which
the lessee is not given the right to purchase the farm
implement;
(g) “lease-purchase agreement” means a lease of a farm
implement under which the lessee is given the right to
purchase the farm implement;
(g.1) “lessee” means the lessee under a lease, lease-purchase
agreement, financial lease or financial lease-purchase
agreement;
(h) “lessor” means the lessor under a lease, lease-purchase
agreement, financial lease or financial lease-purchase
agreement;
(h.1) “loss” means a direct loss or damage but does not include
loss of profits or any other indirect, special or
consequential loss or damage;
(i) “Minister” means the Minister determined under section
16 of the Government Organization Act as the Minister
responsible for this Act;
(i.1) “part” means a part for a farm implement but does not
include any services with respect to installing the part;
(j) “purchaser” means a person who
(i) purchases or leases, with or without the right to
purchase, a farm implement from a dealer, or
(ii) leases, with or without the right to purchase, a farm
implement from a financial institution under a
financial lease or a financial lease-purchase
agreement if the financial institution obtains the farm
implement from a dealer at the request of the person;
(k) “sale agreement” means an agreement to purchase a farm
implement.
RSA 2000 cF-7 s1;2001 c7 s2;2003 c38 s2;2007 c14 s2
Exemption from Act
2(1) This Act does not apply to a sale of a farm implement
4
Section 3
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
(a) by a farmer
(i) by sale by public auction, or
(ii) in the ordinary course of the farmer’s farming
operations;
(b) by an executor or administrator;
(c) by a public official acting under judicial process;
(d) to a dealer or distributor, except as provided in sections 23
and 24.
(2) The Lieutenant Governor in Council may make regulations
exempting any farm implement or class of farm implements from
this Act or from any of the provisions of this Act.
(3) Part 3 of the Fair Trading Act does not apply to the sale of a
farm implement, except a farm implement that is exempted from
this Act pursuant to subsection (2).
1982 cF-4.1 s2;1998 cF-1.05 s193
Form of agreement
3(1) Every sale agreement of a farm implement, whether new or
used,
(a) shall be in writing,
(b) shall contain an address for the dealer and the distributor,
(c) shall set out the nature and duration of all warranties
given in connection with the farm implement,
(d) shall contain a description of the farm implement,
including the serial number and model number, if
available, by which it may be readily known and
distinguished,
(e) if the sale agreement relates to more than one farm
implement, shall show a purchase price for each farm
implement, including any attachment and accessory,
(f) if the sale agreement relates to a farm implement that is
supplied by one distributor but has an attachment to it
supplied by another distributor, shall show separately the
purchase price for the attachment, and
5
Section 4
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
(g) shall contain any other information prescribed in the
regulations.
(2) If, with respect to a farm implement that is manufactured with
a serial number, the serial number of the farm implement is not
available to the dealer at the time the sale agreement, financial
lease or financial lease-purchase agreement is entered into, the
dealer shall, in writing, advise the purchaser and, if a financial
lease or a financial lease-purchase agreement was entered into, the
financial institution, of the serial number not later than the date the
farm implement is delivered to the purchaser.
(3) Notwithstanding subsection (1)(c) or section 5, a warranty may
be stated elsewhere than in the sale agreement if the statement
(a) is in writing and identifies the farm implement to which
the warranty applies, and
(b) is delivered to the purchaser not later than the time the
purchaser takes delivery of the farm implement under the
agreement.
RSA 2000 cF-7 s3;2001 c7 s3;2007 c14 s3
Lease, lease-purchase agreement, financial lease or
financial lease purchase agreement
4(1) A lease, lease-purchase agreement, financial lease or financial
lease-purchase agreement shall set out all the terms and conditions
of the agreement.
(2) This Act and the regulations apply to a lease, lease-purchase
agreement, financial lease or financial lease-purchase agreement as
if it were a sale agreement.
(3) A lease, lease-purchase agreement, financial lease or financial
lease-purchase agreement is assignable by the lessor or an assignee
of the lease, lease-purchase agreement, financial lease or financial
lease-purchase agreement.
(4) A lessor who assigns a lease or lease-purchase agreement
continues to be responsible for the warranties under this Act
notwithstanding
(a) the assignment by the lessor, and
(b) any subsequent assignment by an assignee of the lease or
lease-purchase agreement.
RSA 2000 cF-7 s4;2007 c14 s4
6
Section 4.1
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
Financial lease and financial lease-purchase agreement
4.1 When a financial institution acquires a farm implement from a
dealer at the request of a purchaser and the financial institution
leases the farm implement to the purchaser pursuant to a financial
lease or a financial lease-purchase agreement,
(a) the purchaser is deemed to have leased the farm
implement from the dealer,
(b) this Act applies with respect to that farm implement as if
the purchaser had leased the farm implement directly from
the dealer pursuant to a lease or a lease-purchase
agreement with the dealer,
(c) the dealer has the same obligations to the purchaser that
the dealer would have pursuant to this Act if the purchaser
had leased the farm implement directly from the dealer,
and
(d) the purchaser is entitled to enforce the warranty described
in sections 5, 6, 7 and 8 against the dealer and the
distributor who provided the farm implement.
2007 c14 s5
Notice to dealer
4.2(1) When a financial institution acquires a farm implement
from a dealer at the request of a purchaser, the financial institution
shall provide the dealer with
(a) the name and address of the purchaser of the farm
implement, and
(b) the year, make, model and serial number of the farm
implement and all attachments to which the financial lease
or financial lease-purchase agreement relates.
(2) The failure of a financial institution to provide the information
referred to in subsection (1) does not affect the purchaser’s rights
or the dealer’s obligations under section 4.1.
2007 c14 s5
Implied warranty, power
5(1) A sale agreement for a new farm implement that is an engine
or motor or has an engine or motor as a composite part of it shall
state the net power of the farm implement as shown in the
manufacturer’s specifications or advertising, and that farm
7
Section 6
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
implement is deemed to be warranted as being capable of
developing the power as stated in the sale agreement if it is
properly used and maintained and used under reasonable operating
conditions.
(2) The warranty provided for in subsection (1) is deemed to apply
for a reasonable period of time not to be less than one year from the
date that the farm implement is first used in the first normal season
of use by the purchaser.
RSA 2000 cF-7 s5;2001 c7 s4
Implied warranty, quality
6(1) Notwithstanding anything contained in an agreement or other
document, every new farm implement sold is deemed to be
warranted to be
(a) made of good material,
(b) properly constructed as to design and workmanship,
(c) in good working order,
(d) capable of performing under reasonable operating
conditions and with proper use and maintenance the work
for which it is intended in a satisfactory manner, and
(e) designed and constructed so as to ensure reasonable
durability with proper use and maintenance and under
reasonable operating conditions.
(2) The warranties provided for by this section are deemed to
apply for a reasonable period of time not to be less than one year
from the date that the new farm implement is first used in the first
normal season of use by the purchaser for its intended purpose.
(3) A custom operator does not have the benefit of any of the
warranties provided for in subsection (1)(d) and (e) with respect to
a farm implement mentioned in section 1(a) that is purchased by
the custom operator.
1982 cF-4.1 s5
Notice of failure to perform
7(1) In this section,
(a) “trade-in” means a farm implement or other property that
is purchased by the dealer under a trade-in arrangement;
8
Section 7
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(b) “trade-in allowance” means the amount shown in a sale
agreement as the amount accepted by the dealer as the
value of a trade-in under a trade-in arrangement;
(c) “trade-in arrangement” means an agreement or
arrangement, whether contained in a sale agreement or
made by a separate agreement or arrangement in
conjunction with or incidental to a sale agreement,
whereby the purchaser agrees to sell the purchaser’s own
farm implement or other property to the dealer and the
farm implement or other property is accepted as the whole
or part of the consideration under the sale agreement.
(2) When a new farm implement that is properly used and
maintained and used under reasonable operating conditions fails to
perform the work for which it is intended in a satisfactory manner
during
(a) any of the first 10 days of actual use of the farm
implement, whether or not those days are consecutive, or
(b) the first 50 hours of actual use of the farm implement,
whether or not that period is continuous,
whichever occurs first, from the time the farm implement is first
used within the first normal season of use after it is delivered to the
purchaser, the purchaser may, within that season, give notice under
subsection (3) of the farm implement’s failure to perform that
work.
(3) A notice referred to in subsection (2) must be in writing and
must be given to the Minister, the distributor and the dealer as soon
as is reasonably possible after the failure occurs.
(4) On receiving notice under subsection (3), the dealer or
distributor shall, not later than 7 working days during which
reasonable operating conditions exist for that farm implement after
the date on which the dealer or distributor received the notice,
endeavour to make the farm implement perform in a satisfactory
manner.
(5) If the dealer or distributor fails to make the farm implement
perform in a satisfactory manner pursuant to subsection (4), the
dealer or distributor shall, within 48 hours after the expiry of the
period stated in subsection (4), provide the purchaser with a
satisfactory substitute farm implement for the purchaser’s use until
the purchaser’s farm implement is made to perform in a
satisfactory manner.
9
Section 7
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(6) If the sale agreement does not contain an address for the
distributor,
(a) the purchaser is not required to give notice to the
distributor under subsection (3), and
(b) when the notice is given to the dealer, the dealer shall
forthwith notify the distributor of that fact and of the
contents of the notice.
(7) If, within a reasonable time after providing the substitute farm
implement to the purchaser, the dealer or distributor fails to make
the purchaser’s farm implement perform in a satisfactory manner,
the dealer or distributor shall either
(a) replace the purchaser’s farm implement with a farm
implement that is acceptable to the purchaser, or
(b) terminate the sale agreement or, if the sale agreement
relates to the purchase of more than one farm implement,
terminate the sale agreement only as to the farm
implement in respect of which notice under subsection (3)
was given.
(8) If the sale agreement relates to one farm implement and is
wholly terminated pursuant to subsection (7)(b), the dealer or
distributor shall
(a) refund to the purchaser all money paid by the purchaser in
connection with the sale agreement, and
(b) subject to subsections (9) and (10), return to the purchaser
any trade-in, in any case where a trade-in arrangement
was made.
(9) If the dealer or distributor is required to return a trade-in in
accordance with subsection (8)(b) but has, prior to the termination
of the sale agreement, incurred costs or performed work in
repairing or reconditioning the trade-in, the dealer or distributor
may refuse to return the trade-in until the dealer or distributor has
been paid for the reasonable costs of the repairs or reconditioning
or until arrangements satisfactory to the dealer or distributor have
been made for payment of those costs.
(10) If the dealer or distributor is unable or refuses to return the
trade-in in accordance with subsection (8)(b), the dealer or
distributor shall pay to the purchaser an amount equal to the fair
market value of the trade-in as of the date the sale agreement was
made.
10
Section 7
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(11) If the sale agreement relates to more than one farm implement
and is terminated only as to one of the farm implements, called in
this subsection the “defective farm implement”, pursuant to
subsection (7)(b),
(a) the dealer or distributor shall refund to the purchaser an
amount of money that bears the same proportion to the
money paid under the sale agreement as the purchase
price of the defective farm implement bears to the total
purchase price of the defective farm implement and the
other farm implements purchased under the agreement,
(b) in any case where a trade-in arrangement was made, the
dealer or distributor shall, unless the purchaser otherwise
agrees, pay to the purchaser an amount of money that
bears the same proportion to the fair market value of the
trade-in as the purchase price of the defective farm
implement bears to the total purchase price of the
defective farm implement and the other farm implements
purchased under the agreement, and
(c) unless the purchaser otherwise agrees, the sale agreement
is deemed to be amended so that the trade-in allowance
for the farm implement or implements remaining under
the agreement is an amount of money that bears the same
proportion to the total trade-in allowance that the purchase
price of the other farm implement or implements under
the agreement bears to the total purchase price of the
defective farm implement and those other farm
implements.
(12) For the purposes of determining the fair market value of a
trade-in under subsection (10) or (11),
(a) regard may be had to any publication of farm implement
prices in general use in the farm implement industry in
Canada, and
(b) the fair market value of the trade-in may be less than the
trade-in allowance, and the dealer or distributor is not
estopped from proving that fact.
(13) This section does not abrogate or restrict any other remedies
of a purchaser against a dealer or distributor.
(14) When the sale agreement relates to a farm implement supplied
by one distributor but the farm implement has an attachment to it
11
Section 7.1
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
supplied by another distributor, the attachment is deemed to be a
separate farm implement for the purposes of this section.
(15) When the sale agreement relates to more than one farm
implement, the return of one of those farm implements to the
distributor or dealer following the giving of a notice under
subsection (3) does not affect any rights, obligations or liabilities of
the manufacturer, distributor, dealer or purchaser under the
agreement or this Act with respect to the other farm implements,
except as provided in this section.
RSA 2000 cF-7 s7;2001 c7 s5
Warranties enforceable under financial lease
7.1 Without limiting the generality of section 4 or 4.1, a purchaser
who leases a new farm implement pursuant to a financial lease or a
financial lease-purchase agreement is entitled to enforce the
warranty described in section 7 against the dealer and distributor
who provided the new farm implement and for that purpose
(a) the purchaser is deemed to have leased the new farm
implement directly from the dealer, and
(b) section 7 applies, with any necessary modification, to the
purchaser, the dealer, the distributor and the financial
institution.
2007 c14 s6
Implied warranty, repair parts
8(1) Notwithstanding anything contained in the agreement, every
sale agreement of a new farm implement is deemed to contain a
warranty that a sufficient supply of repair parts for the farm
implement will be made available for a period of 10 years from the
date of the agreement.
(2) Repair parts must be made available to the purchaser within the
time determined in accordance with the regulations after a request
for them is made to the distributor or dealer but neither the
distributor nor the dealer is responsible for any delay in delivering
a required part that is due to circumstances beyond the distributor’s
or dealer’s control.
(3) New repair parts that are purchased from a dealer and are
supplied by the same distributor who supplied the farm implement
for which they are intended are deemed to be warranted to be free
from defects as to material and workmanship for a period of 90
12
Section 9
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
days from the date that the repair part is first used by the purchaser
in the first normal season of use.
1982 cF-4.1 s7;1994 c40 s2
Repair parts
9(1) When a warranty is provided for by this Act and a dealer or
distributor makes repairs to a farm implement under that warranty,
the dealer or distributor shall use parts that are new and of the
standard, quality and size prescribed by the manufacturer for that
farm implement.
(2) Notwithstanding subsection (1), if a dealer or distributor is
authorized by the purchaser in writing to do so, the dealer or
distributor may use parts other than new parts in making repairs to
a farm implement under a warranty provided for by this Act.
1982 cF-4.1 s8
Regulations respecting emergency repair parts
10(1) Notwithstanding anything in this Act, the Lieutenant
Governor in Council may make regulations
(a) imposing duties and obligations on
(i) distributors, respecting the selling and supplying of
parts to dealers in an emergency, and
(ii) other persons, respecting the purchasing and
acquiring of parts for farm implements in an
emergency;
(b) defining “emergency” for the purpose of this Act and the
regulations;
(c) generally, governing the selling, purchasing, supplying
and acquiring of parts for farm implements in an
emergency.
(2) A person who suffers loss or damage has a cause of action for
damages against a person who does not comply with the
regulations or fulfil that person’s duties or obligations under the
regulations, if that loss or damage is attributable to that person’s
non-compliance with the regulations or the non-fulfilment of that
person’s duties or obligations under the regulations.
1982 cF-4.1 s9
13
Section 11
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
Voluntary warranties
11 Nothing in this Act prevents a manufacturer, distributor or
dealer from agreeing to be bound by a warranty in respect of a new
farm implement that offers greater protection to the purchaser than
a warranty deemed by this Act to have been given, or that applies
for a longer period of time than the relevant period of time
provided for under this Act in respect of that warranty.
1982 cF-4.1 s10
Waiver prohibited
12(1) Any provision 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 effect that the
liability of the manufacturer, dealer or distributor as provided in
this Act is limited or modified in any way is void.
(2) Subsection (1) does not affect the validity of the remaining
provisions of the agreement, order, instrument or statement.
1982 cF-4.1 s11
Effective date of sale agreement
13 A person who signs an agreement to purchase a farm
implement is not bound by the agreement until
(a) the agreement is signed by the dealer or by a
representative authorized to bind the dealer, or
(b) the person has taken delivery of the farm implement under
the agreement,
whichever occurs first.
1982 cF-4.1 s12
Copies of sale agreement
14 A dealer shall keep a copy of every sale agreement of a farm
implement entered into by the dealer for at least 2 years and, on the
request of an inspector, produce the copy and allow the inspector to
make copies of it.
1982 cF-4.1 s13
Inspection of repair parts stock
15 An inspector may inspect the stock of repair parts maintained
in Alberta by distributors and their dealers and for that purpose
every distributor and every dealer shall give an inspector free
14
Section 16
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
access to the distributor’s or dealer’s premises during usual
business hours.
1982 cF-4.1 s14
Return of defective repair part
16 A defective repair part of a farm implement for which the
purchaser claims a replacement under a warranty must be returned
not later than the date the defective part is replaced
(a) to the dealer at the address stated in the sale agreement, or
(b) if no address is stated in the sale agreement, to the
distributor or nearest dealer of the distributor,
and if a defective part is returned to the distributor or to a dealer
who was not the dealer who sold the farm implement to the
purchaser, the part must be accompanied with a written statement
containing sufficient particulars of the sale transaction to enable the
distributor or dealer to identify the transaction.
1982 cF-4.1 s15
Breach of warranty
17(1) The dealer who sells a farm implement, the distributor who
supplies it to the dealer and the manufacturer of it are deemed to
give to the purchaser of the farm implement the warranties referred
to in sections 5, 6 and 8(1) and are jointly and severally liable to
the purchaser to observe, keep and perform those warranties.
(2) The dealer who sells a new repair part to which section 8(3)
applies and the distributor of it are deemed to give the purchaser of
it the warranty referred to in section 8(3) and are jointly and
severally liable to the purchaser to observe, keep and perform that
warranty.
(3) A purchaser may maintain an action against
(a) any one or more of the dealer, the distributor and the
manufacturer for breach of a warranty referred to in
section 5, 6 or 8(1), and
(b) the dealer or distributor, or both of them, for breach of the
warranty referred to in section 8(3).
1982 cF-4.1 s16
15
Section 18
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
Exception to breach of warranty
18 Notwithstanding section 17, if pursuant to section 5 a sale
agreement states the amount of power that a farm implement is
capable of developing and, in breach of the warranty provided by
section 5, that farm implement is not capable of developing that
amount of power, an action may not be maintained against the
dealer who was a party to that sale agreement if that dealer relied in
good faith on a written representation of the distributor or
manufacturer that the farm implement was capable of developing
that amount of power.
1982 cF-4.1 s17
Arbitration of dispute
19 Any dispute between a purchaser and a dealer, distributor or
manufacturer with respect to any obligation imposed on the dealer,
distributor or manufacturer by this Act may, at the option of either
party, be submitted to 2 arbitrators under the Arbitration Act
instead of being settled by action.
1982 cF-4.1 s18
Powers of inspector
20(1) Without restricting any other remedies available to a
purchaser, an inspector may, on the request of a purchaser, inquire
into and attempt to resolve any dispute between the purchaser and a
dealer, distributor or manufacturer with respect to any obligation
imposed on the dealer, distributor or manufacturer by this Act.
(2) When an inspector is acting under subsection (1), the inspector
may, during normal business hours, request the dealer, distributor
or manufacturer to produce any documents and books the inspector
considers necessary for the purposes of the inspector’s inquiry and,
on being so requested, the dealer, distributor or manufacturer shall
produce the documents and books and allow the inspector to make
copies of them.
1982 cF-4.1 s19
Obliteration of serial number
21 No person shall
(a) obliterate, deface, alter, render illegible or remove the
manufacturer’s serial number on a farm implement, or
(b) buy, sell or otherwise deal in a farm implement if the
manufacturer’s serial number has been obliterated,
defaced, altered, rendered illegible or removed or is not
16
Section 22
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
readily recognizable, unless a new number has been
stamped on the farm implement in accordance with
section 22.
1982 cF-4.1 s20
New serial number
22(1) If the manufacturer’s serial number on a farm implement has
been obliterated, defaced, altered, rendered illegible or removed,
the owner may apply to a judge of the Provincial Court to make a
recommendation under subsection (3).
(2) The judge shall make an inquiry as to the ownership of the
farm implement and the circumstances under which the serial
number was obliterated, defaced, altered, rendered illegible or
removed, and shall hear the testimony given by or on behalf of the
applicant and make any other inquiries and receive any other
evidence under oath that in the circumstances the judge considers
necessary.
(3) If the judge is satisfied that the applicant is the owner of the
farm implement and that the serial number was not obliterated,
defaced, altered, rendered illegible or removed by or on behalf of
the applicant for any unlawful or fraudulent purpose, the judge
(a) may recommend to the Minister, in writing signed by the
judge, that the applicant be authorized to have a new serial
number stamped on the farm implement, and
(b) shall send the recommendation to the Minister together
with all papers and documents produced to the judge in
support of the application and a summary of the evidence
adduced at the inquiry.
(4) The Minister is not bound to follow the recommendation but
may make any further inquiries the Minister considers necessary
and, if the Minister is satisfied that it is proper to do so, the
Minister may issue to the applicant a certificate authorizing the
applicant to have stamped on the farm implement the new serial
number stated in the certificate, subject to any conditions the
Minister may prescribe.
(5) On receipt of the certificate, the applicant may cause the new
serial number stated in it to be stamped with steel dies on the farm
implement in the manner prescribed in the certificate.
17
Section 23
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(6) When a farm implement on which a new serial number has
been stamped as provided in subsection (5) is sold, the seller shall
deliver to the buyer the certificate issued under subsection (4).
(7) The applicant shall pay to the judge who makes an inquiry
under this section the fee prescribed in the regulations for all things
done by the judge under this section.
1982 cF-4.1 s21
Repurchase by distributor
23(1) In this section and in section 24,
(a) “agreement” means a written or oral agreement between a
dealer and a distributor that is in force on or after October
1, 1970;
(b) “notice to purchase” means the notice to purchase
mentioned in subsection (2);
(c) “unused farm implement” means
(i) a farm implement that is not a used farm implement,
whether or not it has received pre-delivery services,
(ii) a farm implement returned to the distributor or dealer
under section 7 following the giving of a notice in
respect of that farm implement under that section,
unless that farm implement was sold to the dealer as
a demonstrator and was invoiced and used by the
dealer as a demonstrator, and
(iii) a farm implement that is not a used farm implement
and that is transferred from one dealer to another
dealer with the knowledge of the distributor;
(d) “unused part” means a part or parts assembly that has not
been used, but does not include
(i) a part that has been broken or damaged,
(ii) a parts assembly that is incomplete and cannot be
completed at reasonable expense as provided for in
subsection (9)(a),
(iii) a part or parts assembly that has been removed from
a farm implement and replaced at no cost to the
dealer for parts under a modification or warranty
substitution program, or
18
Section 23
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(iv) a seal or hose made of rubber, a gasket made of cork
or a composition of materials, a seal made of leather,
a liquid chemical that has deteriorated and is of
limited use, or paint;
(e) “used farm implement” means
(i) a farm implement that was sold to the dealer as a
demonstrator and was invoiced to the dealer and used
as a demonstrator, and
(ii) a farm implement, other than one referred to in
clause (c)(ii) or (iii), that has been operated for a
distance or for a period of time in excess of that
required to deliver it to the dealer and to enable the
dealer to service, prepare and operate it for the
purposes of sale.
(2) A dealer may, within 90 days after the day an agreement
expires or is terminated by the dealer or the distributor for any
reason, give to the distributor a written or printed notice to
purchase containing a request by the dealer that the distributor
purchase all the unused farm implements and unused parts obtained
from the distributor.
(3) If a notice to purchase is given to the distributor in accordance
with subsection (2), the distributor shall, subject to this Act and the
regulations, purchase from the dealer
(a) all the unused farm implements, and
(b)
all unused parts purchased as parts,
obtained by the dealer from the distributor.
(4) A distributor shall pay to a dealer
(a) for each unused farm implement as listed on the original
invoice for that farm implement, an amount equal to the
sum of
(i) 100% of the invoice price less any discounts allowed
by the distributor, and
(ii) transportation costs paid by the dealer from the point
of manufacture of the farm implement to the dealer’s
place of business, as evidenced by an invoice of the
carrier of the farm implement,
19
Section 23
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
and
(b) for each unused part
(i) 90% of the current net price if the agreement is
terminated by the consent of the distributor and the
dealer,
(ii) 90% of the current net price if the agreement is
terminated by the dealer, or
(iii) 100% of the current net price if the agreement
expires or is terminated by the distributor,
together with interest at the rate prescribed in the regulations on
any amount payable, calculated from the first day of the 2nd month
following the day the amount becomes due and owing.
(5) Subject to subsection (6), the amount payable by a distributor
for an unused farm implement or an unused part becomes due and
owing
(a) on the 91st day after the day the distributor receives the
notice to purchase, or
(b) on the 30th day after the day the distributor removes all
the unused farm implements and unused parts from the
possession of the dealer,
whichever day occurs first.
(6) The due date for payment under subsection (5) and the 90-day
period referred to in subsection (10)(a)(ii) may be extended
(a) by agreement between the distributor and the dealer, or
(b) by an order of the Court of Queen’s Bench on the
application of the distributor returnable on a day not later
than 120 days after the day on which the distributor
received the notice to purchase, if the Court is satisfied
that the distributor’s failure to remove all the unused farm
implements and unused parts from the possession of the
dealer was caused by circumstances beyond the
distributor’s control or by the fault of the dealer.
(7) In addition to any other remedy available to a dealer or
distributor,
20
Section 23
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(a) a dealer may recover an amount owing to the dealer under
this section by a distributor by deduction from any amount
the dealer owes to the distributor, and
(b) a distributor may recover an amount owing to the
distributor by a dealer by deduction from any amount the
distributor owes to the dealer under this section.
(8) A distributor is not required to purchase any of the following:
(a) an unused part that is not clearly identified either by
means of a ticket or tag or box or other container or by an
imprint on the part itself;
(b) an unused part that
(i) is not listed in the distributor’s current price list, and
(ii) is for use in a farm implement that was manufactured
more than 10 years before the expiry or termination
of the agreement;
(c) an unused part specially ordered by the dealer from the
distributor on the understanding, in writing and signed by
or on behalf of the dealer, that the part was not returnable
to the distributor;
(d) an unused farm implement or unused part that is subject to
a lien, charge, encumbrance or mortgage in favour of a
third party in an amount in excess of the amount that the
distributor would otherwise be required to pay to the
dealer for it under this section;
(e) an unused farm implement or unused part that has not
been adequately prepared for shipment in accordance with
subsection (10)(b) within the 90-day period referred to in
subsection (10)(a)(ii) or any extension under subsection
(6);
(f) an unused farm implement that was shipped to the dealer
on or before the earlier of
(i) the date that is 24 months before the expiry or
termination of the agreement, or
(ii) the commencement date of the first of 2 full seasons
of use immediately before the expiry or termination
of the agreement
21
Section 23
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
unless the agreement is terminated by the distributor or
the dealer has ceased to be a dealer;
(g) an unused farm implement for which the dealer has paid
the distributor in full, unless
(i) the agreement is terminated by the distributor, or
(ii) the dealer has ceased to be a dealer;
(h) an unused part in respect of which the dealer has not made
reasonable use of a surplus or obsolete parts return
program, if any, offered by the distributor.
(9) A distributor may deduct from the amount the distributor is
required to pay to the dealer under this section
(a) an amount equal to the cost to the distributor of supplying
and installing a replacement for any missing or damaged
part at the current net price, including a reasonable charge
for necessary labour for the installation of the part, and
(b) the amount of any liens, charges, encumbrances or
mortgages in favour of third parties to which the unused
farm implements or unused part or parts are subject.
(10) The dealer
(a) is responsible for the care and custody of an unused farm
implement or unused part that the distributor is required to
purchase until
(i) the day the distributor removes it from the dealer’s
possession at the dealer’s place of business,
(ii) the 91st day after the day the distributor receives the
notice to purchase from the dealer, or
(iii) if the time period in subclause (ii) has been extended,
the day the extension expires,
whichever day first occurs, and after that day the
distributor is responsible;
(b) is responsible for doing the acts necessary
(i) to adequately prepare each unused farm implement
so that it is acceptable by a carrier for shipment from
the dealer’s place of business, and
22
Section 24
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(ii) to adequately package, crate or otherwise prepare all
unused parts so that they are acceptable by a carrier
for shipment from the dealer’s place of business.
(10.1) A distributor shall pay for transportation costs for the
removal of the unused farm implements and unused parts from the
possession of a dealer.
(10.2) If unused farm implements and unused parts are not
removed within the 91-day period referred to in subsection
(10)(a)(ii), the distributor shall pay to the dealer reasonable storage
costs until the unused farm implements and unused parts are
removed.
(10.3) Despite subsection (10.2), if the time period referred to in
subsection (10)(a)(ii) has been extended, the date for removal of
unused farm implements and unused parts is extended to the date
the extension expires.
(11) This section applies to a distributor and a dealer
notwithstanding anything in an agreement or any other contract or
arrangement between the distributor and dealer, except that if a
provision of the agreement is more advantageous to the dealer than
the provision of this section pertaining to the same subject-matter,
the provision of the agreement applies.
(12) Any waiver or release given by a dealer of the dealer’s rights
under this section is void.
RSA 2000 cF-7 s23;2001 c7 s6;2009 c53 s66
Distributor to furnish information
24 A distributor shall, in accordance with a request of the
Minister, furnish the Minister with
(a) a copy of each or any agreement or franchise agreement in
effect between the distributor and a dealer;
(b) particulars of each or any unwritten agreement with any or
all of the distributor’s dealers;
(c) a copy of a written agreement or particulars of an
unwritten agreement with any or all of the distributor’s
dealers with respect to the return of farm implements or
parts to the distributor.
1982 cF-4.1 s23
23
Section 25
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
Sale of farm implements
25(1) A dealer shall not
(a) sell or offer for sale, or
(b) lease or offer for lease, under a lease or lease-purchase
agreement,
a new farm implement unless the farm implement was obtained by
the dealer from or through a distributor licensed under this Act.
(1.1) A financial institution shall not lease or offer for lease under
a financial lease or a financial lease-purchase agreement a new
farm implement unless the farm implement was obtained from a
dealer.
(2) A distributor shall not
(a) sell a farm implement to any person except a dealer
licensed under this Act, or
(b) supply a farm implement to any person except a dealer
licensed under this Act or another person authorized by a
dealer to take delivery of a farm implement.
RSA 2000 cF-7 s25;2007 c14 s7
Licences
26(1) No person shall
(a) sell, offer for sale, lease or offer for lease, lease-purchase
or offer for lease-purchase or enter into any sale
agreement, lease or lease-purchase agreement respecting a
farm implement unless that person holds a dealer’s
licence, or
(b) carry on business as a distributor unless the person holds a
distributor’s licence
issued to that person under this Act.
(1.1) The requirement in subsection (1)(a) for a licence does not
apply to a purchaser or to a lessee.
(1.11) A financial institution is not required to hold a dealer’s
licence in order to lease a farm implement or offer a farm
implement for lease pursuant to a financial lease or a financial
lease-purchase agreement if the farm implement is acquired from a
dealer at the request of a purchaser.
24
Section 26
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(1.2) A person who wishes to obtain a licence must
(a) apply to the Minister in the form provided for in the
regulations,
(b) pay the licence fee prescribed in the regulations, and
(c) on and after January 1, 2004, pay any levy and pay an
assessment, if required, for the Fund.
(1.3) A licence issued under this Act expires on December 31 of
the year in which it is issued.
(2) A licence must not be issued under this Act unless the
applicant furnishes to the Minister a bond in favour of the Crown in
right of Alberta
(a) in the form prescribed in the regulations, and
(b) in an amount prescribed by the Minister.
(2.1) Despite subsection (2), on and after January 1, 2004 a bond is
not required for a licence to be issued but the applicant must pay a
levy and, if required, must pay an assessment.
(2.2) The Minister may impose conditions on a licence that the
Minister considers appropriate.
(2.3) A licensee must comply with the conditions imposed on the
licence.
(3) The Minister may at any time before January 1, 2004 require a
licensee to furnish a bond in a greater amount than that already
furnished under subsection (2).
(4) When a bond furnished under this section is forfeited, the
proceeds must be used to the benefit of persons who have claims
against the licensee that are accepted by the Minister in accordance
with the terms of the bond and must be paid out by the surety on
the direction of the Minister in accordance with the terms of the
bond.
(5) A bond furnished to the Minister under subsection (2)
terminates on December 31, 2003.
(6) When a bond is terminated under subsection (5) the bond
issuer must pay back to the licensee the premium attributable to the
unused portion of the bond, and the bond issuer shall not assess a
25
Section 27
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
penalty against the licensee with respect to the termination of the
bond.
(7) If a claim arises from when a bond was in effect, the claim
must be dealt with in accordance with subsection (4).
(8) If a dealer or distributor who is required by this section to hold
a licence does not hold a licence or the licence is suspended, the
Minister may give written notice of that fact to any persons as the
Minister considers necessary.
(9) A person to whom a written notice has been given pursuant to
subsection (8) shall not, while the dealer or distributor remains
unlicensed or while the licence is suspended, deliver or cause to be
delivered a farm implement to
(a) the dealer or distributor,
(b) a person designated by the dealer or distributor, or
(c) a person seeking to acquire a farm implement through the
dealer or distributor.
RSA 2000 cF-7 s26;2003 c38 s3;2007 c14 s8
Cancellation and suspension
27(1) The Minister may cancel or suspend a licence issued under
this Act if
(a) it is in the public interest to do so,
(b) the licensee contravenes this Act, the regulations or the
conditions imposed on the licence,
(c) the person to whom the licence was issued made any false
or misleading statement in any documents supplied in
support of the application for the licence,
(d) the licence was issued as a result of a clerical or
administrative error,
(e) in the opinion of the Minister, the licensee or, in the case
of a corporate licensee, its officers or directors, cannot
reasonably be expected to be financially responsible in the
conduct of the licensee’s business, or
(f) the licensee fails to pay any fee, levy, assessment or
penalty imposed under this Act, or fees imposed under
26
Section 28
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
section 12 of the Government Organization Act with
respect to this Act, by the due date.
(2) When a licensee
(a) applies for a renewal of a licence for the succeeding year
before the licensee’s existing licence expires, and
(b) the application is accompanied with the prescribed
documents and fees,
the existing licence remains in force until the new licence is issued
or until the Minister notifies the licensee that the licensee will not
be issued a new licence.
RSA 2000 cF-7 s27;2003 c38 s4
Appeal from cancellation, suspension or refusal of licence
28(1) A person
(a) who has been refused a licence, or
(b) whose licence has been cancelled or suspended
may appeal the refusal, cancellation or suspension by giving the
Board a notice of appeal within 14 days after being notified in
writing of the refusal, cancellation or suspension.
(1.1) On receipt of a notice of appeal, the Board must hold a
hearing as soon as practicable.
(2), (3) Repealed 2003 c38 s5.
(4) When the Board hears an appeal under this section, it may, by
order, either
(a) confirm the refusal, cancellation or suspension,
(b) direct that a licence be issued,
(c) reinstate a cancelled licence,
(d) substitute a suspension for a cancellation or a cancellation
for a suspension, or
(e) remove or vary a suspension.
27
Section 29
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(5) A decision of the Board is final and there is no appeal from or
review of the decision except on a question of jurisdiction or on a
question of law.
(6), (7) Repealed 2003 c38 s5.
RSA 2000 cF-7 s28;2003 c38 s5
Application pending appeal
29(1) A person whose licence has been cancelled or suspended
and who has, in respect of that cancellation or suspension,
commenced an appeal under section 28, may apply to the Court of
Queen’s Bench for an order reinstating the cancelled licence or
removing the suspension, as the case may be, pending the
determination of the appeal.
(2) The Court may hear an application made under this section not
less than 2 days after the application has been served on the Board.
(3) On hearing an application made under this section, the Court
may, subject to any conditions it considers proper, reinstate the
cancelled licence or remove the suspension, as the case may be,
pending the determination of the appeal under section 28.
RSA 2000 cF-7 s29;2003 c38 s6;2009 c53 s66
Regulations
30 The Lieutenant Governor in Council may make regulations
(a) governing applications for dealers’ licences and
distributors’ licences and renewals and the requirements
to be met by the applicants;
(b) prescribing the fees to be paid for the issue or renewal of a
licence;
(c) designating the persons who may issue licences on behalf
of the Minister;
(d) governing the issue or renewal of licences and the
duration of licences;
(e) prescribing the duties of and services to be performed by
holders of licences;
(f) prescribing the duties of the holder of a licence that has
been suspended or cancelled or has terminated and not
been renewed;
28
Section 30
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(g) prescribing forms of bonds for the purposes of section 26;
(h) requiring distributors to file with the Minister or a person
designated in writing by the Minister statements showing
(i) the names and addresses of all dealers who obtain or
are likely to obtain farm implements or parts from or
through the distributor, and
(ii) the names and addresses of all manufacturers
represented by the distributor,
at the times and in the manner set out in the regulations;
(i) authorizing the Minister to require any distributor to
furnish to the Minister on request
(i) information relating to the farm implements
manufactured or supplied by the distributor,
(ii) lists, by category or group, of parts maintained in
stock in Alberta for the distributor’s farm
implements,
(iii) a statement or true copy of the current published
suggested retail prices for its farm implements and
parts, and
(iv) any other specified information pertaining to the
distributor’s farm implement business in Alberta;
(j) prescribing the rate of interest for the purposes of section
23(4);
(j.1) designating institutions as financial institutions;
(k) governing the form of lease, lease-purchase, financial
lease, financial lease-purchase and sale agreements of
farm implements;
(l) governing the contents of lease, lease-purchase, financial
lease, financial lease-purchase and sale agreements of
farm implements;
(m) prescribing the fee payable to a judge in respect of an
application under section 22;
(n) governing any matter in connection with or incidental to
section 23 or 24;
29
Section 30.1
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(o) determining the time within which repair parts are to be
made available for the purposes of section 8(2);
(p) respecting exclusions from the definition of farm
implement;
(q) respecting the membership and organization of the Board
and any matter relating to the powers, duties, functions
and operation of the Board;
(r) respecting the assessing of risk and the setting of levies
and assessments;
(s) respecting applications for compensation from the Fund;
(t) respecting the practices and procedures of the Board,
including the holding of appeals and hearings;
(u) respecting the payment of money to and from the Fund
and how money in the Fund is held and invested;
(v) respecting the giving of notices and service of documents
under this Act;
(w) respecting penalties set by the Board under this Act;
(x) respecting the payment of levies, assessments and
penalties and the collection of them on behalf of the
Board.
RSA 2000 cF-7 s30;2001 c7 s7;2003 c38 s7;2007 c14 s9
Transitional regulations
30.1(1) The Lieutenant Governor in Council may make
regulations
(a) respecting the termination of bonds under section 26(5);
(b) providing for the transition from bonds to levies and
assessments;
(c) despite section 39, setting levies and assessments to be
paid in 2004;
(d) respecting any other matter necessary to give effect to
sections 34 to 42 in accordance with their intent or to
supply any deficiency in them.
30
Section 31
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
(2) A regulation made under subsection (1) may be made
retroactive to the extent set out in the regulation.
(3) A regulation made under subsection (1) is repealed on the
earliest of
(a) the coming into force of an amendment that adds the
subject-matter of the regulation to this Act;
(b) the coming into force of a regulation that repeals the
regulation made under subsection (1);
(c) 2 years after the regulation comes into force.
(4) The repeal of a regulation under subsection (3)(b) or (c) does
not affect anything done, incurred or acquired under the authority
of the regulation before the repeal of the regulation.
2003 c38 s8
Service of notice
31(1) Any notice required to be given under this Act or the
regulations by a person to a dealer or distributor is sufficiently
given if delivered personally to the place of business of the dealer
or distributor or sent by registered mail to the latest address of that
dealer or distributor according to the records of the Minister.
(2) Notwithstanding subsection (1), a notice to a corporation may
be given in the manner permitted under section 308 of the
Companies Act or section 256 of the Business Corporations Act, as
the case may be.
(3) Notwithstanding subsection (1), a notice to a cooperative may
be given in the manner permitted under section 347 of the
Cooperatives Act.
RSA 2000 cF-7 s31;2001 cC-28.1 s452
Offence and penalty
32(1) A person who contravenes this Act or the regulations is
guilty of an offence and liable on summary conviction to a fine of
not more than $50 000.
(2) A prosecution for a contravention of this Act or the regulations
may be commenced within one year after the date on which the
offence is alleged to have been committed, but not afterwards.
RSA 2000 cF-7 s32;2003 c38 s9
31
Section 33
RSA 2000
Chapter F-7
FARM IMPLEMENT ACT
Staff
33 In accordance with the Public Service Act, there may be
appointed any inspectors and other employees required for the
administration of this Act.
1982 cF-4.1 s32
Board established
34(1) There is hereby established a corporation known as the Farm
Implement Board consisting of 7 members determined in
accordance with the regulations.
(2) The members may not be determined in a manner that would
make the Board a Provincial corporation or Crown-controlled
organization as those terms are defined in the Financial
Administration Act.
(3) The Board has the capacity and, subject to this Act and the
regulations, the rights, powers and privileges of a natural person.
(4) The Board may not borrow money or guarantee a loan.
(5) The Minister may provide administrative services to the Board.
(6) The Board may make rules governing, subject to the
regulations, the practice and procedure of the Board.
2003 c38 s10
Procedural fairness
35 The Board is bound by the rules of procedural fairness in
carrying out its functions under this Act.
2003 c38 s10
Board’s mandate
36 The Board
(a) must hold appeals under section 28 and hearings under
section 38,
(b) subject to this Act, must set levies and may set
assessments for the Fund,
(c) must hold the Fund, invest the money in the Fund, pay
money out of the Fund and report on the Fund in
accordance with this Act,
32
Section 37
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(d) must carry out any duty given to the Board by regulation,
and
(e) must notify the Minister of levies, assessments and
penalties that are unpaid.
2003 c38 s10
Application for compensation
37(1) Subject to section 26(7), this section applies to a farm
implement purchased or leased pursuant to a sale agreement, lease
agreement or lease-purchase agreement on or after January 1, 2003.
(1.1) Subject to section 26(7), this section applies to a farm
implement purchased or leased pursuant to a financial lease or a
financial lease-purchase agreement on or after the coming into
force of this subsection.
(2) A purchaser, lessee, distributor or dealer may apply to the
Board for compensation for loss arising from the breach of a sale
agreement, lease, lease-purchase agreement, financial lease or
financial lease-purchase agreement or of a provision of this Act
within one year of the loss.
(3) An application under this section must
(a) be in writing,
(b) state the name and address of the applicant and the name
and address of the dealer and the distributor who supplied
the farm implement that caused the loss,
(c) describe the loss and how the loss occurred, and
(d) be in the form and manner required by the regulations.
(4) The applicant must give a copy of the application to the dealer
and the distributor.
(5) Any defect or inaccuracy in an application under this section
does not bar the right to compensation if the Board is of the opinion
that the claim to compensation has merit and ought to be allowed.
2003 c38 s10;2007 c14 s10
Hearing
38(1) On receipt of an application under section 37, the Board
may, subject to the regulations, conduct a hearing.
33
Section 39
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(2) The applicant, the dealer, the distributor and any other person
the Board allows may make submissions at the hearing.
(3) For the purposes of a hearing the Board may, by giving notice,
request any person to provide information, and the person must
provide the information on receipt of the notice.
(4) On completion of a hearing, the Board may dismiss the
application or award compensation to the applicant.
(5) A decision of the Board is final and there is no appeal from or
review of the decision except on a question of jurisdiction or on a
question of law.
(6) The Board shall not award compensation to an applicant who
has received a judgment from a court for the loss in respect of
which compensation is applied for under this Act.
(7) An applicant does not have the right to apply to a court for
damages for the same loss for which the applicant has been
awarded compensation under this Act.
2003 c38 s10
Fund
39(1) The Farm Implement Compensation Fund consists of the
money received by the Board from levies, assessments and
penalties in accordance with this Act.
(2) Despite subsection (1), penalties under section 32 do not form
part of the Fund.
(3) The Board shall, in each year, by a notice, set the levy to be
paid by applicants for licences in any amount, subject to the
regulations, that the Board considers sufficient to pay awards of
compensation.
(4) Subject to the regulations, in addition to the amounts levied
under subsection (3), the Board may order an additional assessment
on applicants who did not hold a licence in the preceding year and
on licensees with respect to whom the Board has awarded
compensation from the Fund, and the Board must set the date by
which the assessment must be paid.
(5) The levies, assessments and penalties are due to the Board for
deposit in the Fund.
2003 c38 s10
34
Section 40
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
Use of Fund
40(1) The Board may make payments from the Fund for
compensation awarded by the Board under section 38.
(2) Despite subsection (1), the Board shall not pay money from the
Fund in a greater amount than there is money in the Fund.
(3) If a person who has been awarded compensation does not
receive any or full payment from the Fund because there is
insufficient money in the Fund, the award does not lapse but is
payable in a subsequent year when there is sufficient money in the
Fund.
2003 c38 s10
Power of Board to enforce assessments
41(1) A licensee must pay as a penalty for default any percentage,
as provided for in the regulations, of the amount owing that
remains unpaid after the date an assessment is to be paid.
(2) If a licensee fails to pay an amount owing on or before the date
described in subsection (1), the Board may file with the Court of
Queen’s Bench a certificate that sets out
(a) the amount owing that remains unpaid at the date of the
certificate,
(b) the amount of any penalty imposed pursuant to subsection
(1), and
(c) the person from whom the amount owing and penalty are
recoverable.
(3) A certificate filed pursuant to this section has the same effect
as if it were a judgment obtained in the Court of Queen’s Bench for
the recovery of a debt in the amount specified in the certificate,
together with any reasonable costs and charges with respect to its
filing.
(4) Any money received pursuant to subsection (3) is due to the
Board for deposit in the Fund.
2003 c38 s10
Board report
42(1) The Board must prepare a report after each fiscal year on its
activities and the activities of the Fund and submit the report to the
Minister.
35
Section 43
FARM IMPLEMENT ACT
RSA 2000
Chapter F-7
(2) On receiving a report under subsection (1), the Minister must
lay the report before the Legislative Assembly if it is then sitting,
and if it is not then sitting, within 15 days after the commencement
of the next sitting.
2003 c38 s10
Sharing information
43(1) The Board may disclose information, including personal
information, to the Minister if it relates to the administration of this
Act.
(2) The Minister may disclose information, including personal
information, to the Board if it relates to licences under this Act.
(3) The Board and the Minister may collect and use the
information that is disclosed pursuant to this section.
2003 c38 s10
Liability exemption
44 No action lies against the Board or the members of the Board
for anything done or omitted to be done by any of them in good
faith while exercising their powers and performing their duties
under this Act.
2003 c38 s10
36
*9780779752492*
Printed on Recycled Paper