Farm Debt Mediation Act

Marginal note:Obligatory termination of stay of proceedings

• 14 (1) If the administrator determines, pursuant to paragraph 7(1)(c), that the farmer is not eligible to make the application, the administrator shall direct that the stay of proceedings be terminated.

• Marginal note:Discretionary termination of stay of proceedings

  (2) If the administrator is of the opinion, based on information received from the mediator or from any other source, that

  • (a) either the farmer or the majority of the creditors listed in the application

    • (i) refuse to participate in the mediation, or

    • (ii) refuse to continue to participate in good faith in the mediation,

  • (b) the mediation will not result in an arrangement between the farmer and the majority of the creditors listed in the application,

  • (c) the farmer has contravened any directive issued to the farmer by the administrator pursuant to subsection 17(1), or

  • (d) the farmer has, by any act or omission, jeopardized his or her assets or obstructed the guardian in the performance of the guardian’s duties under subsection 17(2),

  the administrator may direct that the stay of proceedings be terminated.

• 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).

• Marginal note:When termination takes effect

  (4) Where the administrator directs, pursuant to subsection (1) or (2), that a stay of proceedings be terminated, the termination takes effect

  • (a) on the expiration of the time prescribed for making an appeal under section 15; or

  • (b) where an appeal is made under section 15, if and when the appeal is dismissed.

• Marginal note:Automatic termination of stay of proceedings

  (5) A stay of proceedings terminates on

  • (a) the signing of an arrangement under section 19; or

  • (b) the farmer’s making an assignment under the Bankruptcy and Insolvency Act.