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

Act current to 2017-03-20 and last amended on 2015-02-27. Previous Versions


Marginal note:Contravention by creditor
  •  (1) Subject to subsection (2), any act done by a creditor in contravention of section 12 or 21 is null and void, and a farmer affected by such an act may seek appropriate remedies against the creditor in a court of competent jurisdiction.

  • Marginal note:Innocent parties protected

    (2) Subsection (1)

    • (a) does not affect the title to property of a person who purchased the property in good faith from the creditor and who was not then related to the creditor within the meaning of the regulations; and

    • (b) does not confer on the farmer any remedy against a person described in paragraph (a).

Marginal note:Disputes

 Nothing in this Act prevents any party to an arrangement made under this Act from taking a dispute arising therefrom to a court of competent jurisdiction for disposition.

Marginal note:Communication of information
  •  (1) Except as authorized by subsection (2), no person shall knowingly communicate or knowingly allow to be communicated to any person any information that is obtained under this Act from a farmer, from a farmer’s creditor or from the Minister or knowingly allow any person to inspect or have access to that information.

  • Marginal note:Exception

    (2) A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), may communicate or allow to be communicated, or allow inspection of or access to, the information referred to in subsection (1) to or by any other person engaged in the administration of this Act or any person otherwise legally entitled to the information.

  • Marginal note:Protection of witness

    (3) A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), is not compellable to answer questions concerning the information, or to produce records or other documents containing the information, as evidence in any proceedings not directly concerned with the enforcement or interpretation of this Act or the regulations.

  • 1997, c. 21, s. 24;
  • 2015, c. 2, s. 149.
Marginal note:Personal liability

 A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), is not personally liable for anything done or omitted to be done in good faith in the performance of their duties under this Act.

  • 1997, c. 21, s. 25;
  • 2015, c. 2, s. 150.
Marginal note:Regulations
  •  (1) The Minister may make regulations

    • (a) respecting the designation of persons as administrators pursuant to subsection 4(2);

    • (b) for permitting a farmer or creditor to request the administrator to replace the mediator or guardian with a different mediator or guardian;

    • (c) respecting the entering into of agreements under subsection 9(3);

    • (d) respecting the qualifications and appointment of mediators, and respecting the manner in which and the period within which mediators must perform their duties under subsection 10(2);

    • (e) respecting the time by which an administrator must decide whether or not to extend a stay of proceedings pursuant to subsection 13(1);

    • (f) respecting the number and constitution of Appeal Boards, the designation of the members thereof, and the manner in which and the period within which appeals under subsection 15(2) shall be made and dealt with;

    • (g) respecting the meaning of “related” for the purposes of section 20 and for the purposes of subsection 22(2);

    • (h) prescribing anything that by this Act is to be prescribed; and

    • (i) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Forms and their content

    (2) The Minister may establish forms and other documents for carrying out the purposes and provisions of this Act and may determine the information to be included in such documents, and, without limiting the generality of the foregoing, may determine the manner of

    • (a) amending an application; and

    • (b) providing information or notices required by this Act.

  • 1997, c. 21, s. 26;
  • 2015, c. 2, s. 151(E).
Marginal note:Offence

 Any person who contravenes a provision of this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars or to a term of imprisonment not exceeding six months, or to both.

Marginal note:Review of Act
  •  (1) Every five years after the coming into force of this subsection, the Minister shall undertake a review of the operation of this Act and may for that purpose consult with representatives of any organizations that the Minister considers appropriate.

  • Marginal note:Review by Minister

    (2) In conducting the review under subsection (1), the Minister shall review the operation of any program or service that is created after this section comes into force for the purpose of undertaking a detailed review of the financial affairs of a farmer in financial difficulty, at the farmer’s request.

  • Marginal note:Report to Parliament

    (3) As soon as possible after completing the review referred to in subsection (1), the Minister shall cause a report of the results of the review to be laid before each House of Parliament.

  • 1997, c. 21, s. 28;
  • 2015, c. 2, s. 152.
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