Farm Debt Mediation Regulations

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.