Agricultural Growth Act (S.C. 2015, c. 2)
Full Document:
Assented to 2015-02-25
Marginal note:2006, c. 3, s. 15
137. Subsections 34(3) and (4) of the Act are repealed.
138. (1) Subsection 40(1) of the Act is amended by adding the following after paragraph (a.1):
(a.2) defining the meanings of the words and expressions “control” and “controlled by” for the purposes of paragraphs 3(2)(a) and (b);
(a.3) prescribing, for the purposes of paragraph 3(2)(e), circumstances in which producers are presumed to be related;
Marginal note:2006, c. 3, s. 16(1)
(2) The portion of paragraph 40(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) for the purpose of subsection 4.1(1) and any regulations made under subsection 4.1(3), prescribing criteria for
Marginal note:2006, c. 3, s. 16(1); 2008, c. 7, s. 7(2)
(3) Paragraphs 40(1)(c) to (e) of the Act are replaced by the following:
(c) fixing an amount for the purposes of each of subsection 5(5), paragraphs 7(3)(a) and (b), subsection 9(1), paragraph 20(1)(b) and subsection 20(1.1), which amount may, for the purposes of subsection 9(1), paragraph 20(1)(b) or subsection 20(1.1), differ with regard to classes of producers;
(d) prescribing criteria for the purposes of paragraph 7(1)(b);
(e) fixing a percentage for the purposes of each of paragraphs 7(3)(a) and (b), section 13 and subsection 19(2);
(e.01) for the purposes of subsections 9(2) and 20(2), fixing the percentage or percentages of the amounts received by, or attributed to, related producers that are to be attributable to a producer, which percentage or percentages may differ depending on the type of producer or related producer;
(e.02) for the purposes of subsections 9(2) and 20(2), respecting the method of calculating the amounts received by, or attributed to, related producers that are to be attributable to a producer, which method of calculation may differ depending on the type of producer or related producer;
(4) Subsection 40(1) of the Act is amended by adding the following after paragraph (e.1):
(e.11) respecting, for the purposes of subparagraphs 10(1)(c)(ii) and (d)(ii), guarantors or classes of guarantors and the security or classes of security that must be provided by guarantors;
(5) Subsection 40(1) of the Act is amended by adding the following after paragraph (f):
(f.01) prescribing, for the purposes of subparagraph 10(2)(a)(vi), any means that may be used to repay an advance and the terms and conditions respecting those repayments;
Marginal note:2006, c. 3, s. 16(1)
(6) Paragraph 40(1)(f.2) of the Act is replaced by the following:
(f.2) respecting the security or classes of security that administrators are required to take for the purposes of section 12;
(f.3) determining, for the purposes of paragraph 19(1)(c), the administrator’s percentage or establishing a method of calculating it, which percentage may differ among administrators depending on their experience and past performance;
(f.4) respecting stays of default under subsection 21(2);
(7) Subsection 40(1) of the Act is amended by striking out “and” at the end of paragraph (h.1) and by adding the following after that paragraph:
(h.2) prescribing anything that is to be prescribed under this Act; and
Marginal note:2008, c. 7, s. 7(4)
(8) Subsection 40(2) of the Act is replaced by the following:
Marginal note:Recommendation
(2) Regulations made under paragraph (1)(c) or (e) may be made only on the Minister’s recommendation with the concurrence of the Minister of Finance.
Marginal note:2006, c. 3, s. 17
139. Subsection 42(1) of the Act is replaced by the following:
Marginal note:Five-year review
42. (1) Every five years after the coming into force of this subsection, the Minister must review the provisions and operation of this Act in consultation with the Minister of Finance.
Marginal note:2006, c. 3, s. 20
140. The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
(Sections 5, 10, 19 and 33.1)
1997, c. 21FARM DEBT MEDIATION ACT
141. (1) The definition “farmer” in section 2 of the English version of the Farm Debt Mediation Act is replaced by the following:
“farmer”
« agriculteur »
“farmer” means any person, cooperative, partnership or other association of persons that is engaged in farming for commercial purposes and that meets any prescribed criteria.
(2) Paragraph (b) of the definition “secured creditor” in section 2 of the Act is replaced by the following:
(b) any person, cooperative, partnership or other association of persons
(i) with which a farmer has entered into an agreement for sale, a lease with an option to purchase or a conditional sales contract relating to any property used or possessed by the farmer, or
(ii) to which such an agreement or contract has been assigned; and
142. Paragraphs 7(1)(a) and (b) of the Act are replaced by the following:
(a) give notice of the application to
(i) each creditor listed in the application, in the case of an application made under paragraph 5(1)(a),
(ii) each secured creditor listed in the application, in the case of an application made under paragraph 5(1)(b), and
(iii) the Minister, if the Minister is the guarantor of a farmer’s debt that is owed to a creditor or secured creditor listed in the application;
(b) in the case of an application made under paragraph 5(1)(a), issue a stay of proceedings for a period of 30 days, beginning at the time when the stay is issued, against the farmer by all of the farmer’s creditors and give notice of the stay to each creditor listed in the application; and
143. Paragraphs 9(2)(b) and (c) of the Act are replaced by the following:
(b) may, in the case of an application made under paragraph 5(1)(b), include a recommendation that one or more creditors who are not secured creditors, and the Minister, if the Minister is the guarantor of a farmer’s debt that is owed to one of those creditors, participate in the mediation; and
(c) may include the preparation of recovery plans for the purpose of reaching financial arrangements with creditors and the Minister.
144. (1) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:
(b) inform
(i) in the case of an application made under paragraph 5(1)(a), the farmer, all of the creditors listed in the application and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii), of the mediator’s appointment, or
(ii) in the case of an application made under paragraph 5(1)(b), the farmer, all of the secured creditors listed in the application, all of the creditors mentioned in a recommendation under paragraph 9(2)(b) and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii) or is mentioned in the recommendation, of the mediator’s appointment; and
(c) provide a copy of the report mentioned in subsection 9(4) to the mediator and to the persons and entities that will be participating in the mediation.
(2) Subsection 10(2) of the Act is replaced by the following:
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 and entities referred to in subparagraph (1)(b)(i) or (ii) for the purpose of assisting them to reach a mutually acceptable arrangement, but shall not provide advice to the farmer or a creditor.
145. Subsection 13(3) of the Act is replaced by the following:
Marginal note:Notice to creditors
(3) The administrator shall give notice of any extension granted under subsection (1) or (2) to the farmer and to each creditor listed in the farmer’s application.
146. Subsection 14(3) of the Act is replaced by the following:
Marginal note:Notice of termination
(3) If the administrator directs that a stay of proceedings be terminated under subsection (1) or (2), the administrator shall inform the farmer, all of the creditors listed in the application and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii).
147. Section 19 of the Act is replaced by the following:
Marginal note:Arrangement
19. If a farmer enters into an arrangement with a creditor, or with the Minister, as a result of the mediation, the administrator shall see to its signing by the parties.
148. Subsection 21(2) of the Act is replaced by the following:
Marginal note:Time of notice
(2) The notice must be given to the farmer and to an administrator, in the form established by the Minister and in accordance with the regulations, at least 15 business days before the doing of any act described in paragraph (1)(a) or (b).
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