Protection for Farm Machinery Purchases

In Ontario, all new farm machinery purchases costing over $3,500 are protected by law in terms of warranty, safety and parts supply. This protection is provided by the Farm Implements Act. Purchases of used machinery are covered in matters relating to safety, parts supply and repairs, though they are not covered on warranty issues.

The range of farm machinery covered by the Act is vast. The Act defines "farm implement" as "any equipment or machinery designed and used for agricultural or horticultural use and includes attachments." This includes farmstead equipment systems, such as equipment for milking, feeding, ventilation, feeding, manure handling, etc. There is no coverage for equipment with a manufacturer’s list price under $3,500, tractors 20 horsepower or less, drainage equipment, lawn and garden equipment, and tires.

There are specific benefits for farmers purchasing machinery:

• There is an automatic minimum one-year warranty for all new farm implements.
• Defective new farm implements can be returned for a refund, under certain conditions.
• New farm implements are required to perform according to the manufacturer’s specifications.
• All farm machinery, new or used, must be sold with all necessary safety shields and decals.
• Operator’s manuals must be supplied with new farm implements.
• All new tractors, and all used tractors manufactured after January 1, 1992, must be sold with roll-over protection.
• For every new farm implement, spare parts must be available for ten years.
• During season of use, emergency spare parts for farm machinery must be supplied within three working days.

The Ontario Ministry of Agriculture, Food and Rural Affairs provides a free complaint resolution service to mediate disputes between farmers, dealers and manufacturers.

If the dispute is not resolved, any of the parties may request a hearing before the Agriculture, Food & Rural Affairs Appeal Tribunal (AFRAAT) for a ruling which is binding on both parties. Tribunal hearings provide farmers, dealers and distributors with a forum which is considerably less expensive, time-consuming, or formal than the courts, and is more knowledgeable about farm implements and agriculture. Tribunal members include farmers, dealers and distributors.

Related Links

• Farm Implements Act Program