Bill 253 — Second Session, 22Nd Legislature, 39 Euzabeth Ii the Legislative Assembly of Alberta Bill 253 Alberta Farm Security Act (Legislature 22, Session 2)

L22 S2 2779

Alberta — Bills

1990 BILL 253 Second Session, 22nd Legislature, 39 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 253 ALBERTA FARM SECURITY ACT MR. TAYLOR First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 253 Mr. Taylor

Definitions BILL 253 1990 ALBERTA FARM SECURITY ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 In this Act, (a) "Board" means the Farm Land Security Board estabUshed pursuant to

section 2; (b) "court" means the Court of Queen's Bench; (c) "farm land" means real property in Alberta that is situated outside a city, town or viUage and that is used or is capable of being used for the purpose of farming, but does not include mmes and minerals or land used primarily for the purpose of extracting, processing, storing or transporting mines and minerals; (d) "homestead" means the house and buUdings occupied by a farmer as a bona fide farm residence and the land on which they are situated, not exceeding 160 acres; (e) "mediator" means a person appointed by the Board to mediate pursuant to

section 6. established 2(1) jhc Farm Land Security Board is hereby established, consisting of those appointed as members by the Lieutenant Govemor m CouncU.

(2) The Lieutenant Governor in CouncU shaU designate 1 of the members as chairman and 1 as vice-chairman.

Redemption extended

(3) The members of the Board may receive such remuneration and reimbursement of expenses as is approved by the Lieutenant Governor in CouncU providing money has been appropriated to that purpose by the Legislative.

(4) The Board may appomt staff pursuant to the Public Service Act, to assist in the carrying out of its function, providmg that money has been appropriated to that piu^wse by the Legislature.

(5) The Board may appoint committees and delegate to the committees any of its powers imder this Act that it considers appropriate in connection with the carrying out of its duties pursuant to this Act.

(6) In performing its duties pursuant to this Act, the Board and its committees have the powers of a Commissioner under the Public Inquiries Act.

(7) The board may make rules governing its procedure. 3 Notwithstanding the terms any order nisi in any action under a mortgage relating to farm land made prior to the commencement of this Act, the term for redemption under the order is extended sine die. ^iSntinued ^ Notwithstanduig any other Act or law or any agreement entered into before or arfter the commencement of this Act, any action or appUcation with respect to a mortgage on farm land is discontinued and no person shaU commence an action with respect to a mortgage on farm land, except pursuant to this Act. ^"uAtrfeT*"""" 5 A mortgagee may make an appUcation with respect to a mortgage on farm land to the court and the court may, on any terms and conditions that it considers just and equitable, (

a) if it is of the opmion that the mortgagor has not made a sincere and reasonable effort to make payments on the mortgage, order that

section 4 does not apply to the mortgagee and permit an action to commence; or (

b) order that the mortgagee may make an appUcation pursuant to this Act. Application for report 6(1) A mortgagee may make an appUcation for a report with respect to a mortgage on farm land by giving 60 days notice to the Board and the farmer of its mtention to do so.

(2) On receiving a notice of mtention pursuant to subsection (1), the Board shaU designate a mediator for the purposes of the

appUcation and notify the mortgagee and the farmer of the name of the mediator.

(3) Withm 30 days foUowmg service of a notice of intention to the Board, the Board shaU complete an mvestigation mto the financial affau-s of the farmer and shaU provide a copy of it to the mediator.

(4) On receipt of the report the mediator shaU attempt to mediate between the farmer and the mortgagee durmg a period that shaU not exceed 30 days.

(5) On the expu-ation of the mediation period the mediator shall file a mediation report with the Board statmg the terms of any agreenient or stating that either party did not participate in mediation m good faith or recommendmg that an action be permitted on the mortgage.

(6) A failure to agree on a settlement or restructuring of the debt is not of itself evidence that a party has not participated in mediation in good fsuth.

(7) On receipt of the mediator's report, the Board shall consider the matter and make a report which may include (

a) the mediation report; (

b) an opinion of whether the farmer has a reasonable possibUity of meeting his obligations under the mortgage; (

c) whether the farmer is making a sincere and reasonable effort to meet his obUgations under the mortgage; (

d) whether the farm land is a homestead; (

e) an explanation of where the farmer has aUocated his financial resources during the period in which the mortgage has been in arrears and the reason for the allocation.

(8) In the conclusion of its report the Board shall recommend whether the matter should be disposed of by permitting an action on the mortgage or by restructuring the debt in a way specified by the Board. Application to court Court ordered action 7 A mortgagee may file an application with the court for the determination of the matter by the court taking into consideration the report by the Board. 8 In hearing an appUcation pursuant to

section 7, the court may order

(

a) that an action may commence or be continued on the original mortgage or (

b) that the debt be restructured; (

c) or that the matter be resolved in other way that the court considers to be just and equitable in the circumstances. taking mto account aU of the matters referred to in the report of the Board including the interests of other persons in the farm land. Coming into force 9 j)^^ ^^.j- comcs iuto forcc OU Proclamation. Title: 1990 (22nd 2nd) Bill 253, Alberta Farm Security Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2779
Type	bill
Volume / chapter	L22 S2 2779
Language	en
Format	json
Source	PROVINCIAL
Identifier	e33fd95bf03f524a9d6df4d6e7b27c6ae8029acf

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