Farm Debt Mediation Regulations

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.