Farm Debt Review Act

The Act's scope was broad, as noted in its definitions:[5]

• a "farmer" included any individual or entity engaged in farming
• "farming" included the production or raising of any animal or thing on a farm
• an "Insolvent farmer" meant any farmer who could not meet obligations as they came due, had ceased paying current obligations in the ordinary course of business as they came due, or whose property (valued either at fair market value or at a value obtained at a fairly conducted sale under legal process) is insufficient to enable payment of all obligations, due and accruing due
• farmers who were not insolvent, but were in financial difficulty, also came within certain provisions of the Act[6]

Its aim was to "help farmers with the potential to be viable and remain in business."[7] The significance of its framework was later described thus by one commentator:

The Act is significant in that it is based on creditors and applicant farmers coming to a voluntary arrangement.... The government has recognized that many insolvent farmers must leave the industry and that only commercially-viable farmers will be assisted by this Act. All applicants are provided with an opportunity to receive third-party expert advice on these financial affairs and relationships with their creditors.[8]

The Act's operation was conducted in a decentralized manner:

• Farm Debt Review Boards were established for each province, or a region of a province, and each Board had power to appoint experts and establish review panels to help in their functions[9]
• farmers in financial difficulty were able to have a review panel either review his financial affairs or assist him in facilitating an arrangement with his creditors[6]
• insolvent farmers could apply to a Board for a review of his financial affairs and for a stay of proceedings against him by any of his creditors,[10] following which a review panel would be appointed to facilitate an arrangement between the farmer and the creditors[11] which would be administered by a licensed trustee[12]
• insolvent farmers who had made an application would be barred from making another application during the following two years, unless written consent had been previously given by the Board[13]
• secured creditors were required to give a notice of 15 business days before realizing upon the security, and the notice had to advise the farmer of his right to apply for a stay of proceedings[14]
• the stay of proceedings was in effect for 30 days, and could be extended by the Board for a further three 30-day periods[15]
• the Board had to appoint a guardian for the farmer's assets (which could be the farmer), and such guardian was subject to any directions given by the Board[16]