Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Farm Debt Mediation Act

Version of section 7 from 2015-02-27 to 2024-11-26:


Marginal note:Administrator’s duties on receiving application

  •  (1) On receipt of a duly completed application under section 5, the administrator shall forthwith

    • (a) give notice of the application to

      • (i) each creditor listed in the application, in the case of an application made under paragraph 5(1)(a),

      • (ii) each secured creditor listed in the application, in the case of an application made under paragraph 5(1)(b), and

      • (iii) the Minister, if the Minister is the guarantor of a farmer’s debt that is owed to a creditor or secured creditor listed in the application;

    • (b) in the case of an application made under paragraph 5(1)(a), issue a stay of proceedings for a period of 30 days, beginning at the time when the stay is issued, against the farmer by all of the farmer’s creditors and give notice of the stay to each creditor listed in the application; and

    • (c) determine whether the farmer is eligible under this Act to make that application, which determination may be based on, among other things, a preliminary review of the farmer’s financial affairs.

  • Marginal note:Certain decisions final

    (2) In the case of an application under paragraph 5(1)(b), a determination by the administrator under paragraph (1)(c) is final and is not subject to appeal.

  • 1997, c. 21, s. 7
  • 2015, c. 2, s. 142

Date modified: