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The farmer and all creditors of the farmer would be
able to appeal the Stay of Proceedings, Extensions of the
Stay of Proceedings and Termination of the Stay of
Proceedings.
With respect to an appeal of a Stay of Proceedings or
an Extension of a Stay of Proceedings, the farmer or
creditor will have 15 calendar days (from the date the
notice is sent to them by the administrator of the Farm
Debt Mediation Service) to file an appeal to the
administrator in the prescribed form and containing the
prescribed information.
Farmers appealing a decision to terminate a Stay
pursuant to paragraph 14(2)(c) or 14(2)(d) would have 48
to appeal. In all other cases, the farmer has seven days.
Where possible, the appeal is reviewed and a decision
made within 48 hours of the deadline for making appeals.
The appeal can be handled by conference call or other
efficient way of reviewing the appeal; the decision can
be sent to the administrator by telephone or facsimile.
The proposed Regulations include provisions covering
the requirements for a creditor to serve Notice of Intent
to Realize on Security under section 21. The provisions
both provide creditors with a method for ensuring that
notice could be served and sufficient time for a farmer
to receive the notice and apply to the Farm Debt
Mediation Service for a Stay of Proceedings.
A farmer has 15 business days from date of service to
make an application to the administrator before any
action to realize on security can be taken by a creditor.
Contact: George Bowen, Sir John Carling Building,
Room 479, 930 Carling Avenue, Ottawa, Ontario, K1A 0C5.
Tel: 613-759-7201; FAx: 613-759-7490.
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