Short Title

1 These Regulations may be cited as the Farm Debt Secured Creditors Notice Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Farm Debt Review Act; (Loi)

adult

adult means a person who is or appears to be of the age of majority; (adulte)

farmer’s residence

farmer’s residence means

• (a) in the case of a farmer who is an individual, the place where the farmer lives,

• (b) in the case of a farmer that is a partnership, the principal place of business of the partnership, and

• (c) in the case of a farmer that is a corporation or cooperative association, the head office of that corporation or cooperative. (domicile de l’agriculteur)

Notice

• 3 (1) Subject to section 4, the notice required to be given by a secured creditor to a farmer under subsection 22(1) of the Act shall be given, in the case of an individual farmer, by

  • (a) leaving the notice personally with the farmer or with any adult residing at the farmer’s residence;

  • (b) registered mail delivered personally to the farmer or any adult residing at the farmer’s residence;

  • (c) priority post delivered personally to the farmer or any adult residing at the farmer’s residence;

  • (d) telex message sent to the farmer and received personally by the farmer or any adult residing at the farmer’s residence; or

  • (e) facsimile message sent to the farmer and received personally by the farmer or by any adult residing at the farmer’s residence.

• (2) Subject to section 4, the notice required to be given by a secured creditor to a farmer under subsection 22(1) of the Act shall be given, in the case of a farmer that is a partnership, a corporation or a cooperative association, by

  • (a) leaving the notice personally with a partner, an officer, a director or an agent, as the case may be, or with any adult residing at the residence of the partner, officer, director or agent;

  • (b) registered mail delivered personally to a partner, an officer, a director or an agent, as the case may be, or any adult residing at the residence of the partner, officer, director or agent;

  • (c) priority post delivered personally to a partner, an officer, a director or an agent, as the case may be, or any adult residing at the residence of the partner, officer, director or agent;

  • (d) telex message sent to a partner, an officer, a director or an agent, as the case may be, and received personally by a partner, an officer, a director or an agent or any adult residing at the residence of the partner, officer, director or agent; or

  • (e) facsimile message sent to a partner, an officer, a director or an agent, as the case may be, and received personally by a partner, an officer, a director or an agent or any adult residing at the residence of the partner, officer, director or agent.

• 4 (1) Where a secured creditor cannot locate the farmer where the farmer is an individual or a partner, officer, director or agent where the farmer is a partnership, corporation or co-operative association in order to give the farmer notice under section 3, the secured creditor may give the notice required under subsection 22(1) of the Act by placing the notice

  • (a) in a local daily newspaper for three consecutive publishing days;

  • (b) in a local weekly newspaper for two consecutive publishing days; or

  • (c) in a prominent area of a local post office for seven consecutive days on which the post office is open.

• (2) The notice referred to in subsection (1) shall be placed in a local daily or local weekly newspaper or a local post office serving the area of the last known farmer’s residence.