Farm Debt Mediation Act
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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,"FDMA, s. 2 and only insol ...
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Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ...
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Guarantee
Guarantee is a legal term more comprehensive and of higher import than either warranty or "security". It most commonly designates a private transaction by means of which one person, to obtain some trust, confidence or credit for another, engages to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee by contrast is often used to refer to a promise made by an individual which is supported by, or assured through, the word of (speak enough) the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another (usually to pay) by promising to themselves pay if default occurs. At law, the giver of a guarantee is called the surety or the "guarantor". The person to whom the guarantee is given is the creditor or the "oblige ...
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Canadian Corporate Law
Canadian corporate law concerns the operation of corporations in Canada, which can be established under either federal or provincial authority. Federal incorporation of for-profit corporations is governed by Corporations Canada under the ''Canada Business Corporations Act''. All of the Canadian provinces and territories also have laws permitting (and governing) the incorporation of corporations within their area of jurisdiction. Often, the choice of whether to incorporate federally or provincially will be based on many business considerations, such as scope of business and the desire for application of particular rules which may be available under one corporate statute but not another. History Prior to Canadian Confederation, companies were organized through several procedures: :* through contract as a partnership or unincorporated company :* through royal charter, as was done for the Hudson's Bay Company :* through an Act of the Parliament of the United Kingdom, as for the Ca ...
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1997 In Canadian Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; '' Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana, Princess of Wales rect 300 200 600 400 Handover of Hong Kong rect 0 400 200 600 Mars Pathfinder ...
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Canadian Insolvency Legislation
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ...
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Canadian Federal Legislation
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and e ...
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History Of Agriculture In Canada
In the 16th century Samuel de Champlain and Gabriel Sagard recorded that the Iroquois and Wyandot people, Huron cultivated the soil for maize or "Indian corn". Maize (''Zea mays''), potatoes (''Solanum tuberosum''), beans (''phaseolus''), squash (plant), squash (''Cucurbita'') and the sunflower (''Helianthus annus'') were grown throughout agricultural lands in North America by the 16th century. As early as 2300 BC evidence of squash was introduced to the northeastern woodlands region. Archaeological findings from 500 AD have shown corn cultivation in southern Ontario. Eastern Canada was settled well before the Western Canada, West. Immigration and trading posts came later to Rupert's Land and the Territorial evolution of Canada, Northwest Territories. The early immigrants combined European agricultural and domestication procedures with the indigenous knowledge of the land and animals of the area. As early as 1605, the French Acadians built dike (construction), dikes in ...
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Miller Thomson
Miller Thomson LLP is a national business law firm with approximately 525 lawyers across 5 provinces in Canada. The firm offers a full range of services in litigation and disputes, and provides business law expertise in mergers and acquisitions, corporate finance and securities, financial services, tax, restructuring and insolvency, trade, real estate, labour and employment as well as a host of other specialty areas. Miller Thomson offices are located in Vancouver, Calgary, Edmonton, Regina, Saskatoon, London, Waterloo Region, Toronto, Vaughan and Montréal. Rankings & Recognition Miller Thomson LLP lawyers are consistently ranked among the leading practitioners in the country. The firm is recognized in the 2023 edition of the highly regarded ''Chambers Canada Guide'', earning a top Band 1 ranking in Charities/Non-profits and Agribusiness: Agriculture & Food Products and noted as a leading firm in the areas of Construction, Environmental, Retail, Transportation (Rail & Road), ...
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Receivership
In law, receivership is a situation in which an institution or enterprise is held by a receiver—a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights"—especially in cases where a company cannot meet its financial obligations and is said to be insolvent.Philip, Ken, and Kerin Kaminski''Secured Lender'', January/February 2007, Vol. 63 Issue 1, pages 30-34,36. The receivership remedy is an equitable remedy that emerged in the English chancery courts, where receivers were appointed to protect real property. Receiverships are also a remedy of last resort in litigation involving the conduct of executive agencies that fail to comply with constitutional or statutory obligations to populations that rely on those agencies for their basic human rights. Receiverships can be broadly divided into two types: *Those related to insolvency or enforcement of a security interest. *Those where either **One is Incapable of ...
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Business Day
A business day means any day except any Saturday, any Sunday, or any day which is a legal holiday or any day on which banking institutions are authorized or required by law or other governmental action to close. The definition of a business day varies by region. It depends on the local workweek which is dictated by local customs, religions, and business operations. For example, in the United States and much of the Western world, they are typically Monday through Friday from 9a.m. to 5p.m. By contrast, for many eastern countries such as Japan, the normal business day is Monday through Friday from 8:30a.m. to 7p.m. The length of a business day varies by era, by region, by industry, and by company. Prevalent norms have included the 8-hour day and the 10-hour day, but various lengths, from 4 to 16 hours, have been normal in certain times and places. Business days are commonly used by couriers when determining the arrival date of a package. If a courier ships a parcel on a Thursday ...
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Repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers. The extent to which repossession is authorized, and how it may be executed, greatly varies in different jurisdictions (see below). When a lender cannot find the collateral, cannot peacefully obtain it through self-help repossession, or the jurisdiction does not allow self-help repossession, the alternative legal remedy to order the borrower to return the goods (prior to judgment) is replevin. The security interest over the collateral is often known as a lien. The lender/creditor is known as the lienholder. General The existence and handling of repossessions varies greatly between jurisdictions. In most jurisdictions outsid ...
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Manitoba Farm Industry Board
, image_map = Manitoba in Canada 2.svg , map_alt = Map showing Manitoba's location in the centre of Southern Canada , Label_map = yes , coordinates = , capital = Winnipeg , largest_city = Winnipeg , largest_metro = Winnipeg Region , official_lang = English , government_type = Parliamentary constitutional monarchy , Viceroy = Anita Neville , ViceroyType = Lieutenant Governor , Premier = Heather Stefanson , Legislature = Legislative Assembly of Manitoba , area_rank = 8th , area_total_km2 = 649950 , area_land_km2 = 548360 , area_water_km2 = 101593 , PercentWater = 15.6 , population_demonym = Manitoban , population_rank = 5th , population_total = 1342153 , population_as_of = 2021 , population_est = 1 ...
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