Farm Debt Mediation Act

The Farm Debt Mediation Act (S.C. 1997, c. 21) ("FDMA") is an act of the Parliament of Canada that enables a debt advisory service to insolvent farmers by Agriculture and Agri-Food Canada, as well as certain protective provisions available to help facilitate mediation with creditors while allowing such farmers to continue their operations.
Background.
While the "Farm Debt Review Act" already allowed protection for farmers in financial difficulty, it was seen as being too broad in scope, where even hobby farmers could receive protection from creditors. The Act's structure of exercising authority through a network of appointed boards was also viewed as being too decentralized. In April 1997, the FDMA received Royal Assent, and it was brought into force in April 1998. 
Framework.
Scope.
In contrast to the FDRA, a farmer is defined as being any individual or entity "that is engaged in farming for commercial purposes and that meets any prescribed criteria," and only insolvent farmers may apply for a financial review and mediation with all of the farmer's creditors (either with or without a stay of proceedings). As in the FDRA, "farming" included the production or raising of any animal or thing on a farm, and it was declared that:
A stay of proceedings under the FDMA operates "notwithstanding any law", which has been interpreted to mean that it also suspends of petition of bankruptcy under the "Bankruptcy and Insolvency Act".
Administration.
In place of the former Farm Debt Review Boards, administrators are either appointed or engaged by Agriculture and Agri-Food Canada to administer the Act, and they can enter into agreements to engage mediators and experts. Where an administrator receives an application from an insolvent farmer, they must inform all the farmer's secured and unsecured creditors and (where the Minister is guarantor of any debt) the Minister, issue a stay of proceedings for 30 days where it has been requested, and (after a preliminary review of the farmer’s financial affairs) make a determination as to whether the farmer is actually eligible to make such an application.
In connection with the application:
Enforcement.
Before enforcing any remedy against a farmer's property, or commencing any proceedings "for the recovery of a debt, the realization of any security or the taking of any property of a farmer," a secured creditor must give written notice of intention to do so, together with advising the farmer of his right to apply for a stay of proceedings, and copies must be given to the farmer and administrator at least 15 business days before doing so. The holder of a guarantee is not considered a secured creditor nor obliged to give a FDMA notice, unless that guarantor is a farmer and has provided collateral security in support of the guarantee.
Enforcement involves a complex interplay between the FDMA and other relevant statutes. In Manitoba, the process is characterized thus:
Impact.
The Act's mandatory requirements have been strictly interpreted by the courts. For example, it has been held that a farmer cannot waive the secured creditor's obligation to given notice of intention to enforce security, even where it has been included in a mediation agreement. However, a stay cannot affect the appointment already in effect of an interim receiver for the purposes of preserving the estate of a bankrupt for the benefit of creditors, as it is not a proceeding for the recovery of a debt.
Because the Act covers only farming operations that are operated "with a commercial purpose", the courts have devised a list of factors to consider whether such is the case: