Bill C-38
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-38 |
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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
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Farm Debt
Mediation Act.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``farmer'' « agriculteur »
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``farmer'' means any individual, corporation,
cooperative, partnership or other associa
tion of persons that is engaged in farming
for commercial purposes and that meets any
prescribed criteria.
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``farming'' « exploita- tion d'une entreprise agricole »
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``farming'' means
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``Minister'' « ministre »
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``Minister'' means the Minister of Agriculture
and Agri-Food.
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``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by regulation.
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``secured
creditor'' « créancier garanti »
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``secured creditor'' means
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HER MAJESTY |
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Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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ADMINISTRATORS |
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Appointment
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4. (1) Subject to subsection (2), administra
tors shall be appointed for the purposes of this
Act in accordance with the Public Service
Employment Act.
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Designation
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(2) The Minister may, in accordance with
the regulations, if any, and on such terms and
conditions as the Minister may specify, desig
nate any person, other than an employee
within the meaning of the Public Service
Employment Act, as an administrator for the
purposes of this Act.
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Agreements
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(3) For the purposes of this Act, the Minister
may enter into an agreement with any individ
ual or body in relation to the remuneration and
travel and living expenses of administrators
designated under subsection (2).
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Mediators,
experts
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(4) An administrator may enter into agree
ments
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relating to applications made under section 5,
and such agreements may include provision
for remuneration and travel and living ex
penses.
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APPLICATIONS |
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Application to
administrator
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5. (1) Subject to section 6, a farmer may
apply to an administrator for either
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Names of
creditors
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(2) An application under subsection (1)
must include the names and addresses of all
the farmer's creditors.
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Farmer must
be insolvent
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6. Only farmers
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are eligible to apply under section 5.
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Administra- tor's duties on receiving application
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7. (1) On receipt of a duly completed
application under section 5, the administrator
shall forthwith
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Certain
decisions final
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(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.
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Amendment
of application
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8. (1) A farmer who has made an application
under paragraph 5(1)(a) or (b) may, at any
time before the termination of the mediation,
request permission from the administrator to
amend the application to be an application
under paragraph 5(1)(b) or (a), as the case may
be, and the administrator may grant that
permission if satisfied that the farmer is
eligible to apply under paragraph 5(1)(b) or
(a), as the case may be.
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Two year
period
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(2) For the purposes of section 20, an
application that has been amended pursuant to
subsection (1) is deemed to have been made as
an application under paragraph 5(1)(b) or (a),
as the case may be, on the day when the
original application was made.
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FINANCIAL REVIEW |
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Financial
review
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9. (1) Where the administrator determines
that the farmer is eligible to make the
application, the administrator shall as soon as
possible undertake, or cause an expert referred
to in subsection 4(4) to undertake, a detailed
review of the farmer's financial affairs.
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Nature of
review
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(2) The review mentioned in subsection (1)
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Preparation of
recovery
plans
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(3) Where a farmer requests the administra
tor that the recovery plans referred to in
paragraph (2)(c) be prepared by a person of the
farmer's choice, the administrator may, in
accordance with the regulations, if any, enter
into an agreement for that purpose.
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Report
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(4) The results of a review under this section
must take the form of a report prepared by or
on behalf of the administrator.
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MEDIATION |
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Appointment
of mediator
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10. (1) Forthwith after the report mentioned
in subsection 9(4) has been prepared, the
administrator shall
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Duties of
mediator
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(2) In accordance with the regulations, the
mediator shall examine the report mentioned
in subsection 9(4) and meet with the persons
referred to in subparagraph (1)(b)(i) or (ii), as
the case may be, for the purpose of assisting
them to reach a mutually acceptable arrange
ment, but shall not provide advice to the
farmer or a creditor.
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Termination
of mediation
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11. (1) In the case of an application under
paragraph 5(1)(a), the mediation terminates
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Termination
of mediation
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(2) In the case of an application under
paragraph 5(1)(b),
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Notice of
termination
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(3) Where the mediation terminates pur
suant to subsection (1) or (2), the administra
tor shall so inform the farmer and all the
creditors who were eligible to participate in
the mediation.
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