Out with Facsimile Transmissions and in with E-mail
January 25, 2023
The Farm Machinery and Equipment Regulation (110/99) under the Farm Machinery and Equipment Act was amended by the Minister of Agriculture on January 23, 2023.
The amendments included striking out the word “licensed” in subclause 2(5)(b)(i) pertaining to dealers and vendors who are affected by extending a season of use Board decisions. Section 9 is amended by striking out “Subject to subsection 29(1), the form” and substituting “The form” pertaining to the form of the sale contract used in relation to a sale of new farm machinery or farm equipment which the Act applies.
Repealed the centred heading “Licenses and Renewals” above section 5 (covering section 5 to 8). Repealed the centred heading “Fees” before section 10 (covering section 10 to 29).
Adding an additional column titled “valeur” in the French version of the Contract for the Sale of New Farm Machinery and Equipment, Description des machines offertes en échange. In addition, clause 16 of the English version replaces “The Farm Machinery Act” with “The Farm Machinery and Equipment Act”.
In the Warranty and in the Notices to Dealer, “registered mail or facsimile transmissions” are replaced by “e-mail or registered mail.”
The purpose of The Farm Machinery and Equipment Act is to provide Manitoba farmers with warranty and repossession protection on farm machinery and equipment purchased or leased in Manitoba. The Act provides statutory requirements on length of warranty, replacement parts and service, replacement rentals, repossession procedures, sales contracts and financing arrangements. The act is administered and enforced by the Manitoba Farm Industry Board.
The board accepts and adjudicates applications under the Farm Lands Ownership Act (FLOA) from any non-Canadian resident or entity, or publicly traded corporation as to whether they may take an interest in more than 40 acres of Manitoba farmland. The FMEA protects farmers by requiring warranties on new farm equipment and parts. The FPPA offers protection to farmers from nuisance claims regarding agricultural operations provided the operations are carried out according to normal farming practices. If normal farming practices are not being followed, the board may order changes in practices. The FFPA provides protections for farmers by requiring creditors to apply to the court prior to foreclosing on farmland.
The mandate of the board is to administer the following four Acts: the Family Farm Protection Act (FFPA), the Farm Lands Ownership Act (FLOA), the Farm Machinery & Equipment Act (FMEA), and the Farm Practices Protection Act (FPPA).
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