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

Marginal note:Personal liability

25 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.

Marginal note:Regulations

• 26 (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.

Marginal note:Offence

27 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

• 28 (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.

Related Amendments

29 and 30 [Amendments]

Repeal

31 [Repeal]

Transitional Provisions

Marginal note:Definitions

32 In sections 33 to 35,

• (a) old Act means the Farm Debt Review Act; and

• (b) new Act means the Farm Debt Mediation Act.

Marginal note:Applications made under Farm Debt Review Act

33 For the purposes of section 44 of the Interpretation Act,

• (a) an application made under section 16 of the old Act shall be dealt with as if it had been made under paragraph 5(1)(b) of the new Act, regardless of whether the farmer in question would be eligible to apply under paragraph 5(1)(b) of the new Act, but section 8 of the new Act does not apply unless the farmer in fact meets the requirement of section 6 of the new Act; and

• (b) an application made under section 20 of the old Act shall be dealt with as if it had been made under paragraph 5(1)(a) of the new Act, regardless of whether the farmer in question would be eligible to apply under paragraph 5(1)(a) of the new Act.

Marginal note:Two year rule

• 34 (1) Subsection 20(1) of the new Act applies, with such modifications as the circumstances require, in respect of farmers whose previous application was under section 20 of the old Act.

• Marginal note:Two year rule

  (2) Subsection 20(2) of the new Act does not apply in respect of farmers whose previous application was under section 16 of the old Act.

Marginal note:Members of Farm Debt Review Boards

35 Chairmen and other members of the Farm Debt Review Boards who hold office under section 4 of the old Act cease to hold office on the coming into force of the new Act.

Coming into Force

Marginal note:Coming into force

Footnote ^*36 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force April 1, 1998, see SI/98-52.]