Farm Implement Regulation

(Consolidated up to 102/2025) ALBERTA REGULATION 204/83 Farm Implement and Dealership Act FARM IMPLEMENT REGULATION Table of Contents 0.1 Definitions 1 Exemptions 2 Licences, applications, forms 2.1 Persons issuing licence 3 Licence application processing 4 Limitations, conditions re licence 5 Distributor to furnish information 5.1 Form of sale agreement 7 Servicing, repair parts during licence suspension 8 Interest rate 8.01 Unpaid assessments, penalties 8.1 Current net price 8.2 Repair parts 8.3 Board membership, alternates 8.4 Provision of notice, documents to Minister 8.5 Appeals, applications for compensation 8.6 Fund 8.7 Audit 9 Repeal 10 Expiry Definitions 0.1 In this Regulation, (a) “administrator” means an employee appointed to the position of administrator under section 33 of the Act; (a.1) “business day” means a day other than a Saturday, Sunday or other holiday; (a.2) “enumerated farm commodity group” means a group that is contained in a list of farm commodity groups that is maintained by the Farmers’ Advocate Office; (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;30/2020 Exemptions 1 The following farm implements are exempted from the Act: (a) farm implements that have a retail selling price of $10 000 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 engine 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as defined in the Traffic Safety Act ; (f.1) snow ploughs and snow blowers; (g) trailers and equipment carriers; (h) repealed AR 30/2020 s3. AR 204/83 s1;246/95;92/2003;222/2004;30/2020;102/2025 Licences, applications, forms 2 (1) An application for the issuance or renewal of the following shall be in the form established by the Farmers’ Advocate Office: (a) a dealer’s licence; (b) a distributor’s licence. (1.1) An application for a licence or renewal of a licence must be accompanied with the licence fee set out in section 3(3), the applicable levy set in accordance with the Act and an assessment, if required, for the Fund. (2) and (3) Repealed AR 30/2020 s4. (4) Repealed AR 371/2003 s2. AR 204/83 s2;251/2001;371/2003;222/2004;30/2020;102/2025 Persons issuing licence 2.1 Administrators and inspectors are designated as persons who may issue or renew licences on behalf of the Minister. AR 246/95 s3;207/2007;102/2025 Licence application processing 3 (1) On receiving an application for a licence or renewal the Minister, an administrator or an inspector may do either or both of the following: (a) make an inspection or cause or require 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 improvements to the applicant’s premises, facilities or operation before a licence may be issued or renewed. (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 $100 each. (4) The fee for additional copies of a licence is $25 each. AR 204/83 s3;147/91;246/95;207/2007;30/2020;102/2025 Limitations, conditions re licence 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 the licence in a conspicuous place that is readily observable by the public at the place of business. AR 204/83 s4;371/2003;30/2020 Distributor to furnish information 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 Form of sale agreement 5.1 A sale agreement shall be in Form G in the Schedule. AR 30/2020 s7 6 Repealed AR 30/2020 s8. Servicing, repair parts during licence suspension 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 Interest rate 8 The interest rate for the purposes of section 30.3(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;30/2020 Unpaid assessments, penalties 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 Bank of Canada prime rate on the first day of the month in which the assessment was due, plus 2%, 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;30/2020 Current net price 8.1 In section 30.3(4)(b) and (11)(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;30/2020 Repair parts 8.2 For the purposes of section 8 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;30/2020 Board membership, alternates 8.3 (1) The Board consists of the following members: (a) one member appointed by the Minister; (b) one member appointed by the Western Equipment Dealers Association or its successor organization; (c) one member appointed by the Association of Equipment Manufacturers or its successor organization; (d) one member appointed by the Agricultural Manufacturers of Canada or its successor organization; (e) 3 members appointed by the Board, from nominations submitted by enumerated farm commodity groups under subsection (4). (2) In order to be eligible to be nominated and appointed under subsection (1)(e), (6), (7) or (11), designated under subsection (3) or nominated under subsection (4), an individual must be actively farming. (3) An organization referred to in subsection (1)(b), (c) or (d) must, at the time of appointing a person as a member of the Board, designate a person as an alternate who may act, on a temporary basis, in place of the corresponding member appointed under subsection (1)(b), (c) or (d) when the member is absent or unable to act, or when the position is vacant. (4) On an annual basis, and as necessary for the purposes of subsections (6) and (7), (a) the Board may make a request to the enumerated farm commodity groups to each submit one nomination for the purposes of appointment of members of the Board and designation of alternates who may each act, on a temporary basis, in place of the corresponding member appointed under subsection (1)(e) when the member is absent or unable to act, or when the position is vacant, and (b) on the request of the Board, enumerated farm commodity groups may each submit one nomination for the purposes of appointment of members and designation of alternates who may each act, on a temporary basis, in place of the corresponding member appointed under subsection (1)(e) when the member is absent or unable to act, or when the position is vacant. (5) For each member of the Board appointed under subsection (1)(e), the Board may designate, from nominations submitted by enumerated farm commodity groups, a person as an alternate, who may each act, on a temporary basis, in place of the corresponding member appointed under subsection (1)(e) when the member is absent or unable to act, or when the position is vacant. (6) Despite subsection (1), when an alternate is acting in the place of a member of the Board appointed under subsection (1)(e) who is unable to act or has been absent from at least 3 consecutive Board meetings, the remaining members may appoint a person as a member from the nominations submitted by the enumerated farm commodity groups under subsection (4), and the appointment of the corresponding member appointed under subsection (1)(e) is terminated. (7) If, at the time of the appointment of a member of the Board under subsection (6), the corresponding alternate designation is vacant, the remaining members may designate a person from the nominations submitted by the enumerated commodity groups under subsection (4) as an alternate to temporarily act in the place of the member appointed under subsection (6) when the member is temporarily absent or unable to act. (8) The term of office of a member of the Board appointed under subsection (1) or (6) or the term of an alternate designated under subsection (3), (5) or (7) is not more than 3 years, and the start and end of the terms for an alternate must coincide with those for the corresponding member. (9) A member of the Board may be appointed for one additional term of office of not more than 3 years and an alternate may be designated for one or more additional terms of not more than 3 years. (10) The members of the Board select the chair and the vice‑chair at the first meeting of each calendar year from among the members appointed under subsection (1)(e). (11) If a member of the Board appointed under subsection (6) is unable to carry out the duties of a member or has been absent for at least 3 consecutive Board meetings and the alternate designated under subsection (7) is unable to act or has been absent for at least 3 consecutive Board meetings while acting for the member, the Board may appoint a member and designate an alternate under subsections (6) and (7), and the appointment of the member appointed under subsection (6) and the designation of the corresponding alternate under subsection (7) are both terminated. AR 371/2003 s5;222/2004;207/2007;24/2008;30/2020 Provision of notice, documents to Minister 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 Appeals, applications for compensation 8.5 (1) The Board must, within 7 business days of receiving a notice of appeal or an application for compensation, acknowledge its receipt. (2) The Board must, within 14 business 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 of a party to an appeal or an application for compensation does not prevent the parties from negotiating before the commencement of an appeal or a hearing. (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 30 business 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. (11.1) The panel hearing an application for compensation may award compensation in the amount applied for, deny the application or award an amount less than the amount 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;30/2020 Fund 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 Audit 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 Repeal 9 The Farm Implement Act Regulations (Alta. Reg. 372/71) are repealed. AR 204/83 s9 Expiry 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, 2030. AR 92/2003 s4;207/2007;215/2014;17/2016; 48/2017;30/2020;20/2025 Schedule Form A Repealed AR 102/2025 s6. Form B Repealed AR 371/2003 s6. Form C Repealed AR 30/2020 s16. Form D Repealed AR 102/2025 s6. Form E Repealed AR 371/2003 s6. Form F Repealed AR 30/2020 s16. Form G Farm Implement and Dealership Act Sale Agreement CONTRACT FOR □ SALE □ LEASE □ LEASE PURCHASE (please check one) OF A FARM IMPLEMENT IN THE PROVINCE OF ALBERTA DATE DATE OF INTENDED FIRST USE GST REG# DEALER’S NAME (SELLER) PURCHASER’S NAME ADDRESS ADDRESS Seller hereby sells and the undersigned Purchaser hereby purchases on the terms and conditions set forth hereunder and on the reverse side hereof the following goods with all attachments and equipment (hereinafter called the “property”), delivery and acceptance of which is hereby acknowledged by the Purchaser in good condition and as ordered. POWER WARRANTY Seller hereby warrants that the new machinery or equipment (or the engine or motor forming part hereof), if properly maintained and operated under suitable conditions, is capable of developing ____________________________net engine horsepower. *NO WARRANTY ON USED EQUIPMENT UNLESS SPECIFIED IN COMMENTS BELOW* QUANTITY NEW OR USED HOURS PROPERTY DESCRIPTION (MAKE, MODEL, TYPE, SIZE) SERIAL NO. AMOUNT COMMENTS SUBTOTAL G.S.T. PROV. TAX SUBTOTAL DOCUMENT FEES TIRE FEES OTHER FEES TOTAL SELLING PRICE > QUANTITY HOURS TRADE‑IN DESCRIPTION (MAKE, MODEL, TYPE, SIZE) SERIAL NO. AMOUNT COMMENTS SUBTOTAL G.S.T. PROV. TAX SUBTOTAL ANALYSIS OF SALE TOTAL TRADE‑IN ALLOWANCE > 1. TOTAL SELLING PRICE $______________________ AMOUNT OF ENCUMBRANCE 2. DISCOUNT AMOUNT ALLOWED $______________________ 3. TOTAL PRICE (1‑2) $______________________ NET TRADE‑IN (TOTAL TRADE IN ALLOWANCE-AMOUNT OF ENCUMBRANCE) 4. DOWNPAYMENT $______________________ 5. NET TRADE‑IN $______________________ BALANCE PAID BY 6. UNPAID BALANCE (3‑4‑5) $______________________ CHEQUE □ CREDIT CARD □ FINANCE CONTRACT □ LEASE □ MACHINE DISTRIBUTOR/MANUFACTURER ADDRESS THE DEALER AND THE PURCHASER/LESSEE AGREE TO THE TERMS AND CONDITIONS OF THIS CONTRACT COVERING THE PURCHASE OF THE FARM IMPLEMENT(S) AND EXTRA EQUIPMENT (EXTRA EQUIPMENT INCLUDES ALL ATTACHMENTS OR ACCESSORIES TO THE IMPLEMENT(S)) DESCRIBED AND AT THE PRICE SET FORTH ABOVE. THE PURCHASER ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT AND ACCEPTS THE TERMS AND CONDITIONS SET FORTH ABOVE. SELLER__________________________ PURCHASER______________________________________________ (DEALER’S SIGNATURE OR AUTHORIZED REPRESENTATIVE) (PURCHASER’S SIGNATURE or if a corporation, duly authorized representative’s signature) AR 30/2020 s16 Schedule 2 Repealed AR 30/2020 s17.