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AR 204/83 FARM IMPLEMENT REGULATION

(Consolidated up to 48/2017)

ALBERTA REGULATION 204/83

Farm Implement Act

FARM IMPLEMENT REGULATION

0.1   In this Regulation,

                               (a)    “administrator” means an administrator designated under section 2.1;

                              (b)    “financial institution” means any one or more of the following institutions:


                                        (i)    a bank within the meaning of the Bank Act (Canada);

                                      (ii)    a body corporate within the meaning of the Trust and Loan Companies Act (Canada);

                                     (iii)    a body corporate within the meaning of the Loan and Trust Corporations Act;

                                     (iv)    an association within the meaning of the Cooperative Credit Associations Act (Canada);

                                       (v)    a cooperative within the meaning of the Cooperatives Act;

                                     (vi)    a body corporate within the meaning of the Credit Union Act;

                                    (vii)    a body corporate within the meaning of the Insurance Companies Act (Canada);

                                   (viii)    a body corporate within the meaning of the Insurance Act;

                                     (ix)    Alberta Treasury Branches;

                                       (x)    the Agriculture Financial Services Corporation under the Agriculture Financial Services Act;

                                     (xi)    Farm Credit Canada continued under the Farm Credit Canada Act (Canada).

AR 207/2007 s2

1   The following farm implements are exempted from the Act:

                               (a)    farm implements that have a retail selling price of $4000 or less;

                              (b)    motor vehicles as defined in the Traffic Safety Act;

                               (c)    lawn and garden equipment;

                              (d)    tractors, and their attachments, with a net power capability of 22.35 kilowatts (30 horsepower) or less;

                               (e)    truck boxes and hoists;

                               (f)    off‑highway vehicles as defined in the Traffic Safety Act, snow ploughs and snow blowers;

                               (g)    trailers and drill carriers;

                              (h)    dozer blades and scrapers.

AR 204/83 s1;246/95;92/2003;222/2004

2(1)  An application

                               (a)    for a dealers licence and a renewal of a dealer’s licence shall be in Form A of Schedule 1, and

                              (b)    for a distributor’s licence and a renewal of a distributor’s licence shall be in Form D of Schedule 1.

(1.1)  An application must be accompanied by an assessment if required and the levy set pursuant to the Act.

(2)  A dealer’s licence shall be in Form C of Schedule 1.

(3)  A distributor’s licence shall be in Form F of Schedule 1.

(4)  Repealed AR 371/2003 s2.

AR 204/83 s2;251/2001;371/2003;222/2004

2.1   Administrators and inspectors are designated as persons who may issue licences on behalf of the Minister.

AR 246/95 s3;207/2007

3(1)  On receiving an application for a licence or renewal an administrator or an inspector may do either or both of the following:

                               (a)    cause an inspection to be made of the applicant’s premises and facilities and evaluate the service provided or to be provided by the applicant to his customers;

                              (b)    require the applicant to make those improvements to his premises, facilities or operation considered proper by the Minister, administrator or inspector as a condition precedent to the issuance of a licence or renewal.

(2)  The Minister, administrator or inspector may refuse to issue a licence or renewal if he is satisfied that the applicant’s place of business or proposed place of business is not in a location that will permit him to provide service in accordance with the Act and this Regulation to purchasers of farm implements.

(3)  The fee for the issuance and renewal of a licence is $50 each.

AR 204/83 s3;147/91;246/95;207/2007

4(1)  A licence is not transferable.

(1.1)  A licence may be issued with respect to one premises only.

(2)  Repealed AR 371/2003 s3.

(3)  A licensee shall display his licence in a conspicuous place that is readily observable by the public at his place of business.

AR 204/83 s4;371/2003

5   The Minister may by notice require a distributor to provide

                               (a)    information relating to the farm implements manufactured or supplied by the distributor, and

                              (b)    lists, by category or group, of parts maintained in stock for Alberta for the distributor’s farm implements.

AR 204/83 s5;92/2003

6   A distributor shall

                               (a)    provide the Minister with a copy of its current form of agreement used under section 22,

                              (b)    provide the Minister with a copy of any revised or amended form of agreement referred to in clause (a), and

                               (c)    notify the Minister in writing of the termination of, or substitution in the use of, its form of agreement referred to in clause (a) within 14 days of the termination or substitution.

AR 204/83 s6

7   A dealer or distributor whose licence is suspended may, notwithstanding the suspension, provide servicing and repair parts as required by the Act and is not, by reason of that alone, in contravention of section 26(1) of the Act.

AR 204/83 s7;251/2001

8   The interest rate for the purposes of section 23(4) of the Act is the Bank of Canada prime rate on the 1st day of the 2nd month following the day the amount becomes due and owing, plus 2%.

AR 204/83 s8;251/2001

8.01(1)  If an assessment is not paid by the date specified, the person who was to pay the assessment is liable for the payment of a penalty on the unpaid amount at the judgment rate, running from the due date until the assessment and penalty are fully paid.

(2)  An unpaid penalty together with the unpaid assessment constitutes a debt owing to the Board and may be recovered in accordance with section 41 of the Act.

AR 371/2003 s4

8.1   In section 23(4)(b) and (9)(a) of the Act, “current net price” means the price payable for an unused part by a dealer as shown in the distributor’s current price list and before taking into account any allowance granted by the distributor.

AR 364/87 s2;251/2001

8.2   For the purposes of section 8(2) of the Act repair parts shall be made available

                               (a)    within 72 hours after the request for such parts is made, providing the request is made during the normal season of use of the farm implement, or

                              (b)    within 10 working days after the request for such parts is made in any other case.

AR 92/96 s2;251/2001

8.3(1)  The membership of the Board is as follows:

                               (a)    one person appointed by the Minister;

                              (b)    one person appointed by the Canada West Equipment Dealers Association or its successor organization;

                               (c)    one person appointed by the Association of Equipment Manufacturers Canada or its successor organization;

                              (d)    one person appointed by the Agricultural Manufacturers of Canada or its successor organization;

                               (e)    one person appointed by the Wild Rose Agricultural Producers or its successor organization;

                               (f)    one person appointed by a farm commodity group designated by the Wild Rose Agricultural Producers or its successor organization;

                               (g)    one person appointed by a farm commodity group designated by the Wild Rose Agricultural Producers or its successor organization.

(1.1)  Despite subsection (1), when the term of office of a member appointed pursuant to subsection (1)(e), (f) or (g) expires or is about to expire or an alternative member is acting in the place of a member under subsection (1)(e), (f) or (g) who has missed 3 Board meetings in a row or is unable to act, the members of the Board who are not appointed by the Minister

                               (a)    must request each of the organizations listed in Schedule 2 to submit the name of nominees, and

                              (b)    within a reasonable time of making a request under clause (a), must appoint a person from the nominees as a member of the Board and, if there is no alternate member, must appoint a person as an alternate member to act in the place of the person appointed as a member when the person is absent or unable to act.

(2)  The term of office of the initial appointment

                               (a)    under subsection (1)(a) is 3 years,

                              (b)    under subsection (1)(b) is one year,

                               (c)    under subsection (1)(c) is 3 years,

                              (d)    under subsection (1)(d) is 2 years,

                               (e)    under subsection (1)(e) is 3 years,

                               (f)    under subsection (1)(f) is one year, and

                               (g)    under subsection (1)(g) is 2 years.

(3)  After the initial appointments under subsection (1) the term of office is 3 years.

(3.1)  Despite subsections (2), (3) and (8), a term of office continues and is deemed to be filled until an alternate member or a replacement member is appointed.

(4)  The members of the Board determine who is the chair and the vice‑chair from among the members not appointed pursuant to subsection (1)(a), (b), (c) or (d).

(5)  An alternate member appointed by an organization referred to in subsection (1)(b), (c) or (d) may act in place of a member representing the organization when the member is absent or unable to act or when there is no member.

(6)  If an organization referred to in subsection (1)(b), (c) or (d) refuses to appoint a member or an alternate member or if the member and alternate member of the organization refuses to attend a meeting of the Board, the members of the Board may by unanimous resolution appoint a member or an alternate member to the Board.

(7)  If a member appointed pursuant to subsection (1.1) is unable to carry out the duties of a member or misses 3 Board meetings in a row and the alternate member appointed pursuant to subsection (1.1) is absent or unable to act, the Board must appoint a member and an alternate member in accordance with subsection (1.1) as replacements.

(8)  Despite subsection (3), if a person is appointed as a member or as an alternate member pursuant to subsection (7), the term of the persons who are appointed continues to the end of the term of the member who was unable to carry out duties.

AR 371/2003 s5;222/2004;207/2007;24/2008

8.4   The Board must

                               (a)    within 15 days after any change among the members of the Board is made, provide the Minister with a notice of the change, and

                              (b)    at the same time as it circulates any one of the following documents to the members of the Board, provide the Minister with a copy of it:

                                        (i)    notice of Board meetings;

                                      (ii)    minutes of Board meetings and the resolutions of the Board and any committee or panel of the Board;

                                     (iii)    background information and documents provided by the Board to its members.

AR 371/2003 s5

8.5(1)  The Board must, within 2 days of receiving an appeal or application for compensation acknowledge its receipt and advise if any further information is required.

(2)  The Board must, within 10 days of receiving a notice of appeal or application for compensation, appoint, from the members of the Board, a panel to hear the appeal or application for compensation.

(3)  The right to an appeal does not eliminate the duty of the parties to negotiate in good faith during the period between the commencement of the notice period and the appointment of the panel.

(4)  A panel consisting of not less than 3 members of the Board may hear

                               (a)    an appeal from a decision to cancel or suspend a licence or to refuse to issue a licence, or

                              (b)    an application for compensation from the Fund.

(5)  A power or duty carried out by a panel is a power or duty carried out by the Board.

(6)  Two or more panels may carry out their powers and duties simultaneously.

(7)  The Board must set and notify the parties to the appeal or application for compensation of the time, date and place of the appeal or hearing.

(8)  The panel must hear the appeal or application for compensation as soon as practicable after the panel is appointed.

(9)  The panel must, within 15 days of the conclusion of the hearing, make a written decision on the matter that includes its reasons for the decision and must serve it on the parties to the appeal or application for compensation.

(10)  An appeal or an application for compensation may be determined by the panel based on written submissions and without the right to an oral hearing.

(11)  The panel hearing an appeal may confirm, vary or quash the action or decision that is being appealed and the panel hearing an application for compensation may award or deny the application or award an amount less than the applicant applied for.

(12)  The panel may, prior to conducting the hearing, convene a meeting of the parties to the application for compensation for the purpose of mediating a resolution of the subject‑matter of the application.

AR 371/2003 s5

8.6   Conditions of holding and investing the Fund include

                               (a)    that the Board must

                                        (i)    at least 60 days before the beginning of each fiscal year, provide to the Minister in a form acceptable to the Minister a budget for the Fund and the Board for the coming fiscal year, including proposed levies and assessments and the anticipated costs of Board operations, including audit costs;

                                      (ii)    not more than 120 days after the end of each fiscal year, provide to the Minister in a form acceptable to the Minister a report containing

                                              (A)    any rules governing its practice and procedure made by the Board during that fiscal year, and

                                              (B)    audited financial statements for the Fund for that fiscal year,

                                     (iii)    provide any other information and reports that the Minister may require, within the time the Minister may specify, and

                              (b)    that if the Board is authorized to deposit or invest the Fund in the Consolidated Cash Investment Trust Fund the Board must deposit and invest the Fund only in the Consolidated Cash Investment Trust Fund.

AR 371/2003 s5;207/2007

8.7(1)  For the purposes of determining whether the Board is carrying out its powers, duties, functions and operations under the Act and this Regulation to a standard and in a competent manner that is acceptable to the Minister, the Minister or a person on behalf of the Minister may, at the Minister’s expense, conduct an audit of the Board’s operations and of files, records and documents whether maintained in paper or electronic form.

(2)  In carrying out an audit the Minister or a person on behalf of the Minister may during normal business hours make copies of material found in the Board’s files and of its records and documents.

AR 371/2003 s5

9   The Farm Implement Act Regulations (Alta. Reg. 372/71) are repealed.

AR 204/83 s9

10   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2020.

AR 92/2003 s4;207/2007;215/2014;17/2016;
48/2017


Schedule 1

Form A

Farm Implement Act
(Section 26)

Application for Licence as a Dealer

1   Business Name                                                       

2   Business Location                                                 

3   Business Telephone(s)                                           

4   Mailing Address                          Postal Code       

5   Names of all principals of firm or partnership          

6   All other locations, other than the business location in 2, where business is carried out in Alberta under the business name in 1:

                   Location                  Phone                      Manager

                                                                                                          

                                                                                                          

                                                                                                          

(attach sheet if space insufficient)

7   List distributors represented and brandlines sold

                   Distributor               Address                   Brandlines

                                                                                                          

                                                                                                          

                                                                                                          

(attach sheet if space insufficient)

8   Are parts and service facilities maintained by the applicant?

    Yes         No          If no, explain                                  

9   This application is for       Licence Renewal             or
                                                Initial application                     .

10   I, the undersigned, hereby apply for a licence as a farm implement dealer in Alberta and declare that the above information is current and true to the best of my knowledge.

Date                                                     Signature                                  

NOTE:  PLEASE ATTACH

1   Licence Fee of $50 (cheque or money order payable to the President of Treasury Board and Minister of Finance).

2   The levy in the required amount and the assessment, if required by cheque or money order payable to the Farm Implement Board.

Forward application to:

                                       Farm Implement Act Administration

AR 204/83 Sched.Form A;147/91;246/95;27/2002;
371/2003;68/2008;31/2012;62/2013

Form B   Repealed AR 371/2003 s6.

Form C

Farm Implement Act
(Section 26)

Dealer’s Licence

                                                                                           No.               

This is to certify that                                                                            of                                                        is hereby licensed under the Farm Implement Act, to operate as a farm implement dealer in Alberta for the year ending December 31, 20      .

                                                             Date                                           

                                                           Countersigned by                      
                                                                                                                
                                                         For Department of Agriculture 
                                                          and Rural Development            

AR 204/83 Sched.Form C;206/2001;92/2003;
35/2007;68/2008;31/2012

Form D

Farm Implement Act
(Section 26)

Application for Licence as Distributor

1   Business Name                                                             

2   Mailing Address                             Postal Code                

3   Telephone                

      If address is outside of Alberta, please state registered office in the Province of Alberta.

4                                                                                                          

                                       Contact personnel:

5   General Manager                          Telephone                      

6   Warranty Manager                        Telephone                      

7   Service Manager                           Telephone                      

8   Parts Manager                               Telephone                      

9   Location of parts depot(s) serving Alberta

      Address                                 Telephone                         

     Address                                 Telephone                         

10  List farm implements distributed to Alberta Dealers

        Brandline Name       Manufacturer           Type of Equipment

                                                                                                                 

                                                                                                                 

                                                                                                                 

(attach sheet if space insufficient)

11   Check one:  Initial application:              Renewal:             

12   Date                              Signature                               

NOTE:  PLEASE ATTACH:

1   Licence Fee of $50 (Canadian funds cheque or money order payable to the President of Treasury Board and Minister of Finance).

2   List of dealers in Alberta.

3   The levy in the required amount and the assessment, if required by cheque or money order payable to the Farm Implement Board.

Forward application to:

                                       Farm Implement Act Administration

AR 204/83 Sched.Form D;147/91;246/95;
27/2002;371/2003;68/2008;31/2012;62/2013

Form E   Repealed AR 371/2003 s6.

Form F

Farm Implement Act
(Section 26)

Distributor’s Licence

                                                                                        No.                  

This is to certify that                                       of                               

is hereby licensed under the Farm Implement Act, to operate as a farm implement distributor in Alberta for the year ending December 31, 20       .

                                                            Date                                            

                                                          Countersigned by                       

                                                                                                                

                                                          For Department of Agriculture

                                                            and Rural Development          

AR 204/83 Sched.Form F;206/2001;92/2003;
35/2007;207/2007;68/2008

Schedule 2

List of Organizations

1   The following is the list of organizations for the purpose of section 8.3(1.1):

                               (a)    Alberta Beef Producers;

                              (b)    Alberta Canola Producers Commission;

                               (c)    Alberta Chicken Producers;

                              (d)    Alberta Pulse Growers Commission;

                               (e)    Alberta Sugar Beet Growers;

                               (f)    Potato Growers of Alberta;

                               (g)    Wild Rose Agricultural Producers.

AR 222/2004 s6