Farm Debt Mediation Act (S.C. 1997, c. 21)

Act current to 2014-10-15

MEDIATION

Marginal note:Appointment of mediator
  •  (1) Forthwith after the report mentioned in subsection 9(4) has been prepared, the administrator shall

    • (a) in accordance with the regulations, appoint as a mediator any person who is unbiased and free from any conflict of interest relative to the application in question;

    • (b) inform

      • (i) the farmer and all the creditors listed in the application, in the case of an application made under paragraph 5(1)(a), or

      • (ii) in the case of an application made under paragraph 5(1)(b), the farmer, all the secured creditors listed in the application, and any creditors mentioned in a recommendation under paragraph 9(2)(b),

      as the case may be, of the appointment of the mediator; and

    • (c) provide a copy of the report mentioned in subsection 9(4) to the mediator and to the persons who will be participating in the mediation.

  • Marginal note:Duties of mediator

    (2) In accordance with the regulations, the mediator shall examine the report mentioned in subsection 9(4) and meet with the persons referred to in subparagraph (1)(b)(i) or (ii), as the case may be, for the purpose of assisting them to reach a mutually acceptable arrangement, but shall not provide advice to the farmer or a creditor.

Marginal note:Termination of mediation
  •  (1) In the case of an application under paragraph 5(1)(a), the mediation terminates

    • (a) when a termination of the stay of proceedings pursuant to subsection 14(2) takes effect pursuant to subsection 14(4); or

    • (b) on a termination of the stay of proceedings by virtue of subsection 14(5).

  • Marginal note:Termination of mediation

    (2) In the case of an application under paragraph 5(1)(b),

    • (a) if the administrator is of the opinion, based on information received from the mediator or from any other source, that

      • (i) either the farmer or the majority of the creditors referred to in subparagraph 10(1)(b)(ii)

        • (A) refuse to participate in the mediation, or

        • (B) refuse to continue to participate in good faith in the mediation, or

      • (ii) the mediation will not result in an arrangement between the farmer and the majority of the creditors referred to in subparagraph 10(1)(b)(ii),

      the administrator may direct that the mediation be terminated and, where the administrator so directs, the mediation terminates; and

    • (b) the mediation terminates on the signing of an arrangement under section 19.

  • Marginal note:Notice of termination

    (3) Where the mediation terminates pursuant to subsection (1) or (2), the administrator shall so inform the farmer and all the creditors who were eligible to participate in the mediation.