Farm Debt Mediation Regulations (SOR/98-168)

Interpretation

• 1 (1) The definitions in this subsection apply in these Regulations.

  Act

  Act means the Farm Debt Mediation Act. (Loi)

  business day

  business day means a day that is not a Saturday or a holiday.  (jour ouvrable)

  common-law partner

  common-law partner means, in relation to a farmer or a creditor, a person who is cohabiting with a farmer or creditor in a conjugal relationship, having so cohabitated for a period of at least one year. (conjoint de fait)

  Service

  Service means the Farm Debt Mediation Service of the Department of Agriculture and Agri-Food. (Service de médiation)

• (2) For the purposes of section 20 and subsection 22(2) of the Act, a person is related to a farmer or a creditor if

  • (a) in the case of a farmer or a creditor who is an individual, the person is

    • (i) the spouse or common-law partner of the farmer or the creditor,

    • (ii) a child of the farmer or the creditor or of the farmer’s or the creditor’s spouse or common-law partner,

    • (iii) a brother, sister, mother, father, grandmother or grandfather of the farmer or the creditor or of the farmer’s or the creditor’s spouse or common-law partner,

    • (iv) an employee or employer of the farmer or the creditor at the time the original application for mediation was filed with the Service, or

    • (v) any other person who acquires property of the farmer from the farmer under terms and conditions that are more favourable than those that would apply to a similar transaction in an open market between parties who are at arm’s length; or

  • (b) in the case of a farmer or a creditor that is a corporation, cooperative, partnership or other association, the person

    • (i) was an officer, director, partner or employee of the farmer or the creditor at the time the original application for mediation was filed with the Service, or

    • (ii) directly owns or indirectly owns, controls or holds 25 per cent or more of the shares of the corporation or cooperative.

Appointment of Mediators

2 An administrator may appoint a person as mediator pursuant to paragraph 10(1)(a) of the Act if the person is knowledgeable about or has experience with the mediation of disputes.

Extension of Stay of Proceedings

3 An administrator who considers it essential to the formulation of an arrangement between a farmer and the farmer’s creditors may extend the period of a stay of proceedings referred to in paragraph 7(1)(b) or subsection 13(1) of the Act if

• (a) the value of the farmer’s assets will not significantly diminish during the period of the extension;

• (b) the majority of the farmer’s creditors will not be unduly prejudiced by the extension; and

• (c) there is no indication of bad faith by the farmer.

Method of Notification

• 4 (1) An administrator shall, if required by the Act or these Regulations to notify or inform a farmer, a farmer’s creditor or the Minister of anything, notify or inform them in person or by means of telephone, priority post, courier service or, subject to subsection (3), facsimile or electronic mail.

• (2) A farmer, a farmer’s creditor or the Minister is deemed to be notified or informed by an administrator

  • (a) on the day they are so notified or informed in person or personally by telephone by the administrator;

  • (b) on the next business day after the day on which the notice or information is sent by facsimile or electronic mail; or

  • (c) on the second business day after the day on which the notice or information is sent by priority post or a courier service to their residence or place of business.

• (3) A farmer may be notified or informed by an administrator by means of facsimile or electronic mail only if they have indicated in writing to the administrator that they will accept information in this manner.

Appeal Boards

5 For the purpose of dealing with appeals pursuant to subsection 15(2) of the Act, an Appeal Board is constituted in respect of each of the following regions:

• (a) the West, consisting of Manitoba, British Columbia, Saskatchewan, Alberta, Yukon, the Northwest Territories and Nunavut; and

• (b) the East, consisting of Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.

• (c) to (e) [Repealed, SOR/2016-289, s. 3]

• 6 (1) Each Appeal Board is composed of a Chairperson and up to four other members designated by the Minister.

• (2) Each member of an Appeal Board shall provide services in accordance with the terms of an agreement referred to in subsection 15(1) of the Act.

• (3) Each agreement referred to in subsection 15(1) of the Act shall provide that the member is entitled to, in accordance with any directives of the Treasury Board,

  • (a) remuneration for services; and

  • (b) travel and living expenses incurred by the member in the performance of the member’s duties while absent from the member’s ordinary place of residence.

• (4) A member shall not accept or hold any office or employment inconsistent with the member’s duties, including performing any of the duties of an expert, mediator or administrator under the Act.

• (5) When it is necessary for the proper conduct of business, the Chairperson of the Appeal Board of one region may appoint a member of that Appeal Board, including himself or herself, to serve as a temporary member of the Appeal Board of the other region.

• 7 (1) The Chairperson of each Appeal Board shall preside at all meetings of the Appeal Board or a panel referred to in subsection 12(1) and has the supervision over, and direction of the work of, that Appeal Board including

  • (a) the establishment of panels of members to deal with appeals;

  • (b) the allocation of work equally among the members;

  • (c) the temporary appointment of members to the Appeal Board of the other region; and

  • (d) generally, the conduct of the work of the Appeal Board and its internal affairs.

• (2) The Chairperson of each Appeal Board shall designate one of the other members as an interim Chairperson.

• (3) In the event of the absence or incapacity of the Chairperson, the interim Chairperson may exercise all the powers, duties and functions of the Chairperson.

• (4) In the event of the absence or incapacity of an interim Chairperson or if the interim Chairperson is unwilling to act as Chairperson, the remaining members of the Appeal Board shall by a majority vote elect a member to act as temporary Chairperson.

• (5) A temporary Chairperson elected in accordance with subsection (4) may exercise all the powers, duties and functions of the Chairperson.

Appeal Procedure

• 8 (1) A farmer or a farmer’s creditor may appeal a decision referred to in subsection 15(2) of the Act by filing, within the time prescribed by section 11, a Notice of Appeal in the form established by the Minister.

• (2) The Notice of Appeal shall be filed with the same office of the Service where the original Application for Mediation was submitted.

• (3) A Notice of Appeal or the statements referred to in paragraph 9(2)(b) and subsection 9(4) may be filed with the administrator in the form of an original document, a facsimile copy or an electronic version.

• 9 (1) On the filing of a Notice of Appeal, the administrator shall inform the farmer or the farmer’s creditors, as the case may be, and the Minister if the Minister is the guarantor of a debt of the farmer that is owed to one of the creditors, that an appeal has been filed.

• (2) A farmer, a farmer’s creditor or the Minister may, within one business day after the day on which they are informed of an appeal that relates to a termination of a stay of proceedings under paragraph 14(2)(c) or (d) of the Act or within three business days after the day on which they are informed of any other appeal

  • (a) request the administrator to send them a copy of the Notice of Appeal; and

  • (b) file with the administrator a statement in writing that clearly sets out their objections to the appeal together with any other relevant information.

• (3) The administrator shall inform the farmer or farmer’s creditor who filed the Notice of Appeal that a statement referred to in paragraph (2)(b) has been filed by sending them a copy of the statement.

• (4) The farmer or farmer’s creditor may, within one business day after the day on which they receive the copy of the statement referred to in paragraph (2)(b), file with the administrator a written statement in response.

10 After the time has elapsed for filing statements under paragraph 9(2)(b) and subsection 9(4), the administrator shall send to the Chairperson of the applicable Appeal Board

• (a) all the information upon which the decision of the administrator under appeal was based; and

• (b) any statements in writing and other relevant information that have been filed by a farmer, a farmer’s creditor or the Minister.

Time for Filing of Appeals

• 11 (1) An appeal relating to the eligibility of a farmer to make an application under paragraph 5(1)(a) of the Act or the granting of an extension of a stay of proceedings under subsection 13(1) of the Act shall be made within four business days after the day on which the farmer or the farmer’s creditor bringing the appeal is given notice under paragraph 7(1)(b) of the Act of the initial stay of proceedings or under subsection 13(3) of the Act of the granting of the extension.

• (2) An appeal relating to the termination of a stay of proceedings shall be made

  • (a) where the termination is directed by the administrator pursuant to paragraph 14(2)(c) or (d) of the Act, within one business day after the day on which the farmer or farmer’s creditor was informed of the termination; or

  • (b) in any other case, within four business days after the day on which the farmer or farmer’s creditor was informed of the termination.

Conduct of Appeals

• 12 (1) Each appeal shall be heard by a panel of the Appeal Board that consists of the Chairperson and two other members selected by the Chairperson.

• (2) Each panel shall decide each appeal expeditiously and with a minimum of formality on the basis of

  • (a) the information sent to it pursuant to section 10; and

  • (b) such other information as it considers relevant to deal with the appeal, if a farmer or a farmer’s creditor, as the case may be, has been informed of, and given a reasonable opportunity to respond to that other information.

13 Every appeal shall be decided by a majority of the members of the panel.

14 A member of the panel may participate in an appeal by means of telephone or other means of effective communication.

15 A panel may dismiss an appeal or reverse the decision of an administrator.

16 The administrator shall inform the farmer, the farmer’s creditors and the Minister, if the Minister is the guarantor of a debt of the farmer that is owed to one of the creditors, of the decision of the Appeal Board.

Notice by Secured Creditors

• 17 (1) The notice required to be given by a secured creditor to a farmer and an administrator under section 21 of the Act may be given

  • (a) in the case of a farmer who is an individual

    • (i) by leaving a copy of the notice with them,

    • (ii) by leaving a copy of the notice in a sealed envelope addressed to the farmer with anyone who appears to be an adult and who resides at the farmer’s place of residence, and on the same day or the following day mailing another copy of the notice to the farmer at that place of residence, or

    • (iii) by sending a copy of the notice by priority post, courier or registered mail addressed to the farmer;

  • (b) in the case of a farmer who is a corporation, cooperative, partnership or other association

    • (i) by leaving a copy of the notice with an officer, director, partner or agent of the corporation, cooperative, partnership or other association,

    • (ii) by leaving a copy of the notice with a person at any place of business of the farmer who appears to be in control or management of the place of business, or

    • (iii) by sending a copy of the notice by priority post, courier or registered mail addressed to the last known address of the head office or principal place of business of the farmer; and

  • (c) in the case of an administrator

    • (i) by leaving a copy of the notice at their office,

    • (ii) by sending a copy of the notice by electronic mail,

    • (iii) by sending a copy of the notice by facsimile, or

    • (iv) by sending a copy of the notice by regular mail, priority post, courier or registered mail.

• (2) Notice given in the manner described in subparagraph (1)(a)(ii) or (iii), (b)(iii) or (c)(iv) is deemed to be given seven business days after the day on which the notice is sent.

• (3) The person who gives the notice need not produce an original document or have it in their possession.