Bill C-18

FARM DEBT MEDIATION ACT

141. (1) The definition “farmer” in section 2 of the English version of the Farm Debt Mediation Act is replaced by the following:

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

(2) Paragraph (b) of the definition “secured creditor” in section 2 of the Act is replaced by the following:

(b) any person, cooperative, partnership or other association of persons

(i) with which a farmer has entered into an agreement for sale, a lease with an option to purchase or a conditional sales contract relating to any property used or possessed by the farmer, or

(ii) to which such an agreement or contract has been assigned; and

142. Paragraphs 7(1)(a) and (b) of the Act are replaced by the following:

(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

143. Paragraphs 9(2)(b) and (c) of the Act are replaced by the following:

(b) may, in the case of an application made under paragraph 5(1)(b), include a recommendation that one or more creditors who are not secured creditors, and the Minister, if the Minister is the guarantor of a farmer’s debt that is owed to one of those creditors, participate in the mediation; and

(c) may include the preparation of recovery plans for the purpose of reaching financial arrangements with creditors and the Minister.

144. (1) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:

(b) inform

(i) in the case of an application made under paragraph 5(1)(a), the farmer, all of the creditors listed in the application and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii), of the mediator’s appointment, or

(ii) in the case of an application made under paragraph 5(1)(b), the farmer, all of the secured creditors listed in the appli- cation, all of the creditors mentioned in a recommendation under paragraph 9(2)(b) and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii) or is mentioned in the recommendation, of the mediator’s appointment; and

(c) provide a copy of the report mentioned in subsection 9(4) to the mediator and to the persons and entities that will be participating in the mediation.

(2) Subsection 10(2) of the Act is replaced by the following:

(2) In accordance with the regulations, the mediator shall examine the report mentioned in subsection 9(4) and meet with the persons and entities referred to in subparagraph (1)(b)(i) or (ii) for the purpose of assisting them to reach a mutually acceptable arrangement, but shall not provide advice to the farmer or a creditor.

145. Subsection 13(3) of the Act is replaced by the following:

(3) The administrator shall give notice of any extension granted under subsection (1) or (2) to the farmer and to each creditor listed in the farmer’s application.

146. Subsection 14(3) of the Act is replaced by the following:

(3) If the administrator directs that a stay of proceedings be terminated under subsection (1) or (2), the administrator shall inform the farmer, all of the creditors listed in the application and the Minister, if the Minister was given notice of the application by the administrator under subparagraph 7(1)(a)(iii).

147. Section 19 of the Act is replaced by the following:

19. If a farmer enters into an arrangement with a creditor, or with the Minister, as a result of the mediation, the administrator shall see to its signing by the parties.

148. Subsection 21(2) of the Act is replaced by the following:

(2) The notice must be given to the farmer and to an administrator, in the form established by the Minister and in accordance with the regulations, at least 15 business days before the doing of any act described in paragraph (1)(a) or (b).

149. (1) Subsections 24(1) and (2) of the Act are replaced by the following:

(1) Except as authorized by subsection (2), no person shall knowingly communicate or knowingly allow to be communicated to any person any information that is obtained under this Act from a farmer, from a farmer’s creditor or from the Minister or knowingly allow any person to inspect or have access to that information.

(2) A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), may communicate or allow to be communicated, or allow inspection of or access to, the information referred to in subsection (1) to or by any other person engaged in the administration of this Act or any person otherwise legally entitled to the information.

(2) Subsection 24(3) of the English version of the Act is replaced by the following:

(3) A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), is not compellable to answer questions concerning the information, or to produce records or other documents containing the information, as evidence in any proceedings not directly concerned with the enforcement or interpretation of this Act or the regulations.

150. Section 25 of the Act is replaced by the following:

25. A person engaged in the administration of this Act, or a mediator or expert referred to in subsection 4(4), is not personally liable for anything done or omitted to be done in good faith in the performance of their duties under this Act.

151. Paragraph 26(2)(b) of the English version of the Act is replaced by the following:

(b) providing information or notices required by this Act.

152. Subsection 28(1) of the Act is replaced by the following:

28. (1) Every five years after the coming into force of this subsection, the Minister shall undertake a review of the operation of this Act and may for that purpose consult with representatives of any organizations that the Minister considers appropriate.

TRANSITIONAL PROVISIONS — AGRICULTURAL MARKETING PROGRAMS ACT

153. (1) The following definitions apply in this section.

“new Act” means the Agricultural Marketing Programs Act as it reads on the day on which this section comes into force.

“old Act” means the Agricultural Marketing Programs Act as it read immediately before the day on which this section comes into force.

(2) The old Act continues to apply on and after the day on which this section comes into force with respect to advance guarantee agreements and repayment agreements entered into under the old Act that are still in existence on that day.

(3) Amounts remaining unpaid in respect of advances made under advance guarantee agreements entered into under the old Act that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act.

(4) Amounts remaining unpaid in respect of advances made under agreements entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act.

(5) A default under a repayment agreement entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program is deemed to be a default under a repayment agreement entered into under the new Act.

COMING INTO FORCE

154. (1) Sections 2 to 51 come into force on a day to be fixed by order of the Governor in Council.

(2) Section 52, subsections 53(1) and (2) and 54(1) to (3), section 55, subsections 56(1) to (8), section 57, subsections 58(1) to (3), sections 59 and 60 and subsections 61(1) and (2) come into force on a day or days to be fixed by order of the Governor in Council.

(3) Sections 62 and 63, subsections 64(1) and (2), section 65, subsections 66(1) to (7), section 67, subsections 68(1) to (3) and sections 69 to 72 come into force on a day or days to be fixed by order of the Governor in Council.

(4) Section 73, subsections 74(1) and (2), section 75, subsections 76(1) to (5), sections 77 and 78, subsections 79(1) to (3), sections 80 and 81, subsections 82(1) and (2) and section 83 come into force on a day or days to be fixed by order of the Governor in Council.

(5) Subsections 84(1) to (4), sections 85 to 91, subsections 92(1) and (2), sections 93 and 94, subsections 95(1) to (7) and sections 96 to 98 come into force on a day or days to be fixed by order of the Governor in Council.

(6) Subsections 99(1) and (2), sections 100 to 102, subsections 103(1) and (2) and 104(1) and (2), sections 105 to 107, subsections 108(1) to (5) and sections 109 to 112 come into force on a day or days to be fixed by order of the Governor in Council.

(7) Section 113, subsections 114(1) and (2) and sections 115 to 119 come into force on a day or days to be fixed by order of the Governor in Council.

(8) Subsections 120(1) to (5), sections 121 to 123, subsections 124(1) to (8), section 125, subsections 126(1) and (2), 127(1) and (2) and 128(1) to (8), sections 129 to 131, subsections 132(1) to (4), 133(1) and (2), 134(1) to (5) and 135(1) and (2), sections 136 and 137, subsections 138(1) to (8) and sections 139, 140 and 153 come into force on a day or days to be fixed by order of the Governor in Council.

(9) Subsections 141(1) and (2), sections 142 and 143, subsections 144(1) and (2), sections 145 to 148, subsections 149(1) and (2) and sections 150 to 152 come into force on a day or days to be fixed by order of the Governor in Council.