How the Farm Implements Act Protects You - Your Rights and Responsibilities Relating to Farm Machinery
Revisions to Regulation 369 under the Farm Implements Act
The Ministry of Agriculture, Food and Rural Affairs recently sought comments on its proposal to amend Regulation 369, under the Farm Implements Act to reflect the harmonization of the Canadian Standards Association (CSA) and International Organization for Standardization (ISO) standards for Roll Over Protection Systems (ROPS) on agricultural machinery. The proposed revisions were posted for a period of 45 days on the Regulatory Registry website for public comment.
This positing is now closed for comments. Comments received throught the consultation process are currently being considered.
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In response to a joint request from farmers and farm machinery dealers, the Government of Ontario established the Farm Implements Act in 1990. Its purpose is to improve farm machinery safety, and to protect the large investments that farmers and dealers make in farm machinery.
The act helps give farmers confidence in the quality, reliability and safety of new farm machinery when purchasing or leasing, and in the service they can expect from their dealers and manufacturers. The act assures dealers that if the dealership contract ends, they will not be left with expensive inventory. It saves manufacturers from having to make expensive settlements in machinery disputes simply to preserve their public image. It promotes co-operation and good relations between farmers, dealers and manufacturers.
The act is administered by the Environmental Management Branch of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The ministry establishes and enforces safety standards and regulations to improve machinery safety, and reduce farm fatalities and injuries.
The Environmental Management Branch also helps to resolve disputes between farmers, dealers and distributors. If conflict resolution fails, the parties can apply to the Appeal Tribunal for a hearing. The tribunal panel that hears the case includes farmers and industry representatives.
This web page answers some questions about the act and the Farm Implements Act Program. For more specific information, please refer to the Farm Implements Act and its two regulations, Ontario Regulation 369 - General and Ontario Regulation 123/06 - Dealership Agreements. You can download these from the ministry's farm mechanization website.
For more information, please contact:
Agricultural Information Contact Centre
The terms "farm machinery," "farm equipment" and "farm implement" are interchangeable. The act refers to all of them as "farm implements," and are defined as any equipment or machinery designed and used for agriculture or horticulture. This includes farmstead equipment systems, such as milking, ventilation, feeding or manure handling systems. It also includes precision agriculture equipment, such as precision planting, yield monitoring and auto-steer equipment.
It does not include:
There are many benefits for farmers, dealers and distributors under the act. Visit the Benefits of the Farm Implements Act web page for more information.
To operate in Ontario, all dealers and distributors must be registered with OMAFRA.
Dealers and distributors can easily register their businesses with OMAFRA. Simply complete the Application for Dealer Registration form or the Application for Distributor Registration form and submit it to:
Farm Implements Act Program
The information on this page describes how you can benefit from the act concerning:
New machinery purchases are protected under the act in the following ways:
All new farm implements that cost over $3,500 have, by law, a standard minimum one-year warranty.
You are covered under the act even if you lease farm implements.
Under the act,
Conflict resolution is available for all disputes about issues that are covered in the act. These include safety, performance and warranty of new machinery, parts supply, repairs and dealer contract termination.
The act gives farmers
You can download a complaint form and fax, mail or email it to us:
Farm Implements Act Program
You can also file a complaint by calling 519-826-3784.
Tribunal hearings give farmers a way to address their complaints. It is cheaper, faster and less formal than the legal court process. Also, the Appeal Tribunal panel knows more about agriculture and farm implements than provincial court judges.
The Appeal Tribunal is made up of farmers and lawyers representing all forms of agriculture. A three-member panel hears each case. For farm implement cases, the panel includes members who are dealers or distributors.
Manufacturers and distributors also benefit from the complaint resolution service provided under the act. Manufacturers and distributors benefit from
Through ministry consultations, manufacturers and distributors have a chance to discuss and resolve industry concerns, such as
A sale agreement between the customer and a dealer must be documented and contain
Every new farm implement must be built properly and must work in the way the manufacturer describes. Also, the warranty says that a new farm implement must produce and work at the power stated in the sale agreement (e.g. if the sales invoice says that a tractor is 75 horsepower, the tractor must produce 75 horsepower). These warranties are for the following periods:
Distributors and manufacturers can offer longer warranties, especially for tractors and combines.
The distributor is responsible for honouring the warranties on power and quality.
The dealer makes warranty repairs with the approval and direction of the distributor.
For every new farm implement sold, parts must be available for 10 years after the sale.
You must notify the dealer in writing and the dealer must order the repair parts from the distributor.
The distributor must have the parts at the dealership within three working days, unless delayed by circumstances beyond their control.
The distributor or dealer must either provide or pay for a substitute farm implement for half the normal rental cost.
You should inform the dealer in writing within 10 days of finding the defect.
You can return a defective new farm implement to the dealer if:
After the first four working days, the dealer or distributor should give you a suitable farm implement to use while they continue to fix your implement.
If the dealer and distributor are unable to repair the implement after 14 working days, the distributor must either replace the unit or refund the purchase price. The refund will be discounted according to actual use of the unit. If there was a trade in, the value of the trade in will be considered in the refund amount.
You should send written notice of the defective implement to the Farm Implements Act Program to:
Farm Implements Act Program
OMAFRA will inform the distributor.
To protect people from injury, distributors and dealers must make sure that the farm implements they sell have appropriate shields and/or guards. Appropriate safety decals (labels) must be on the equipment to give important safety information to the user. The purchaser must be given an operator's manual and relevant safety instructions. Under the act, the dealer must get the purchaser's written confirmation that the dealer met these safety requirements.
The act authorizes the Minister of Agriculture, Food and Rural Affairs to establish safety standards and regulations. The act empowers the Director to enforce these standards and regulations.
All new tractors sold by Ontario dealers must be equipped with roll-over protective structures (ROPS). This requirement also applies to used tractors manufactured after January 1, 1992.
The dealer must provide an operator's manual when selling used farm implements if one is available. General safety manuals are available for certain classes of farm implements, such as tractors and loaders. If neither an operator's manual nor a general safety manual is available, the dealer can sell the used farm implement without one.
A dealer can sell you a used farm implement without safety shields, guards or decals only if you sign a statement that the implement will be used for parts only.
For more information:
Toll Free: 1-877-424-1300