Marginal note:Appeal Boards

• 15. (1) The Minister may, in accordance with the regulations, constitute one or more Appeal Boards and designate the members thereof, and may enter into agreements for the services of the members, which agreements may include provision for remuneration and travel and living expenses.

• Marginal note:Appeals

  (2) A farmer or a creditor may, in accordance with the regulations, appeal to an Appeal Board a decision of an administrator relating to

  • (a) the eligibility of a farmer to make the application under paragraph 5(1)(a); or

  • (b) the extension or termination of a stay of proceedings.

• Marginal note:Regulations

  (3) The Appeal Board shall deal with an appeal in accordance with the regulations.

• Marginal note:Stay not affected

  (4) The making of an appeal does not affect a stay of proceedings that is in effect.

• Marginal note:Board’s decision final

  (5) A decision of an Appeal Board is final and is not subject to appeal.

Marginal note:Administrator to appoint guardian

• 16. (1) Where the administrator issues a stay of proceedings under paragraph 7(1)(b), the administrator shall forthwith appoint one of the following persons as guardian of the farmer’s assets:

  • (a) the farmer, where the farmer is qualified to be the guardian; or

  • (b) in any other case,

    • (i) any other qualified person nominated by any secured creditor or secured creditors listed in the application, or

    • (ii) any other qualified person chosen by the administrator.

• Marginal note:Informing farmer and creditors

  (2) The administrator shall forthwith inform the farmer, and all the creditors listed in the application, of the appointment of the guardian.

• Marginal note:Expenses of guardian

  (3) Where the administrator appoints a person referred to in subparagraph (1)(b)(i) as guardian, the expenses of the guardian shall be paid by the secured creditor or secured creditors who nominated that person.

• Marginal note:Expenses of guardian

  (4) Where the administrator appoints a person referred to in subparagraph (1)(b)(ii) as guardian, the expenses of the guardian shall be paid by the administrator.

Marginal note:Duties of guardian

• 17. (1) The administrator may issue directives to the guardian, and the guardian shall comply with any such directives.

• Marginal note:Duties of guardian

  (2) The guardian shall, in addition to the obligation under subsection (1),

  • (a) prepare an inventory of all the assets of the farmer;

  • (b) verify periodically the presence and condition of those assets; and

  • (c) advise the administrator of any act or omission that would jeopardize those assets.