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

Act current to 2013-04-29

Farm Debt Mediation Act

S.C. 1997, c. 21

Assented to 1997-04-25

An Act to provide for mediation between insolvent farmers and their creditors, to amend the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Farm Debt Review Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Farm Debt Mediation Act.

INTERPRETATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“farmer”

« agriculteur »

“farmer” means any individual, corporation, cooperative, partnership or other association of persons that is engaged in farming for commercial purposes and that meets any prescribed criteria.

“farming”

« exploitation d’une entreprise agricole »

“farming” means

  • (a) the production of field-grown crops, cultivated and uncultivated, and horticultural crops;

  • (b) the raising of livestock, poultry and fur-bearing animals;

  • (c) the production of eggs, milk, honey, maple syrup, tobacco, fibre, wood from woodlots and fodder crops; and

  • (d) the production or raising of any other prescribed thing or animal.

“Minister”

« ministre »

“Minister” means the Minister of Agriculture and Agri-Food.

“prescribed”

Version anglaise seulement

“prescribed” means prescribed by regulation.

“secured creditor”

« créancier garanti »

“secured creditor” means

  • (a) any creditor holding a mortgage, hypothec, pledge, charge, lien, privilege, priority claim or other security interest on or against the property of a farmer or any part thereof as security for a debt due or accruing due from the farmer;

  • (b) any individual, corporation, cooperative, partnership or other association of persons with which a farmer has entered into an agreement for sale or hire-purchase or, in the Province of Quebec, leasing, or a conditional sales contract, relating to any property used or occupied by the farmer or to which such an agreement or contract has been assigned; and

  • (c) any bank, or authorized foreign bank within the meaning of section 2 of the Bank Act to which security on the property of a farmer or any part of the property has been given under section 427 of that Act or under section 427 as incorporated by section 555 of that Act, as the case may be.

  • 1997, c. 21, s. 2;
  • 1999, c. 28, s. 161.