The ''Farmers' Creditors Arrangement Act'', (french: Loi sur les arrangements entre cultivateurs et créanciers) was an Act of the Parliament of Canada that attempted to remedy a wave of insolvencies that occurred among Canadian farmers during the Great Depression. Originally framed to deal with such problems nationwide, it was gradually reduced in scope, and was reenacted in 1943 to apply solely to farmers in the

Prairie Provinces The Canadian Prairies (usually referred to as simply the Prairies in Canada) is a region in Western Canada. It includes the Canadian portion of the Great Plains and the Prairie Provinces, namely Alberta, Saskatchewan, and Manitoba. These provin ...

Background

By 1934, the farm debt problem in Canada, which had been provoked by the Great Depression, reached a scale where provincial moratory legislation could not resolve it, as it could not remove the farmer from his position of default. The last agricultural census reported that 244,201 farms (33.61% of all farms in Canada) reported having mortgages totalling $677,000,000 (16.75% of the value of all farms, or 49% of the value of owned farms). Cash flow problems also resulted in a significant increase in the amount of short-term obligations. It reached the point where

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

R.B. Bennett decided to introduce remedial legislation to address it at the federal level. The initial draft submitted by the Department of Finance addressed only voluntary arrangements between farmers and their creditors, but Bennett sent it back to add provisions designed to adjust principal and interest obligations to the productive value of the farm. As Bennett told the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...

, "The object, of course, is to keep the farmer on the farm; if possible to keep him cultivating the land on which he had lived." The bill was introduced in June 1934, together with relief legislation concerning farm loans, and received

Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

a month later. M.A. MacPherson, a former Attorney General and Provincial Treasurer of Saskatchewan, was appointed to oversee the Act's initial implementation, before permanent oversight was assigned to staff in the Department.

Framework

As originally passed, the Act provided for: :* Official Receivers to be appointed in each county or district of a province where an assignment or a petition might be a filed with respect to a farmer :* a farmer, who is unable to meet his liabilities as they come due, to be able to file a proposal for a

composition Composition or Compositions may refer to: Arts and literature *Composition (dance), practice and teaching of choreography *Composition (language), in literature and rhetoric, producing a work in spoken tradition and written discourse, to include v ...

, extension of time or

scheme of arrangement A scheme of arrangement (or a "scheme of reconstruction") is a court-approved agreement between a company and its shareholders or creditors (e.g. lenders or debenture holders). It may affect mergers and amalgamations and may alter shareholder or ...

with respect to his creditors, at any time before or after an assignment is filed :* such proposal to go ahead only with the concurrence of any

secured creditor A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor. In the event of the bankruptcy of the debtor, the secured creditor can enforce security against the assets of the debtor and av ...

or person with a right of redemption over any applicable property (except in those cases where a proposal is formulated by a Board of Review) :* a stay of proceedings, not exceeding sixty days, where no creditor may exercise any remedy against property, or commence any proceedings relating to bankruptcy, debt recovery or realization of security :* the establishment of provincial Boards of Review, whose task would be to determine acceptable proposals (if, and only if, it can be done in fairness and justice to the debtor and creditors) where the creditors have declined to accept a farmer's proposal, and to submit their proposal (either with or without the creditors' consent) to the court for its approval, and such approved proposal would be binding :* failure to comply with the terms of a approval would constitute an act of bankruptcy, except where the court considers that such an act was due to causes beyond the farmer's control :* the reduction of interest payable, where a mortgage's annual rate of interest exceeds 7%, so that the contracted rate can only be enforced on the amount of interest then due, plus three months' further interest in lieu of notice, after which the annual interest rate is commuted to 5%

Subsequent amendments

In 1935, the Act was amended to provide for: :* specifying that a proposal would not automatically effect a discharge from bankruptcy :* the stay of proceedings to be extended from sixty to ninety days :* a farmer resident in Quebec to be able to make an assignment in bankruptcy where the Board declines to make a proposal and declares that his affairs can best be dealt with under the ''Bankruptcy Act'' :* the Act not to apply to any debt created after 1 May 1935, without the consent of the creditor :* the Act to cease to apply in British Columbia, other than for proposals already approved by the court or the Board of Review In 1938, the Act was further amended to provide for: :* an expansion of the definition of "creditor" to include persons holding a mortgage, hypothec, pledge, charge, lien or privilege against the property of the debtor, notwithstanding any absence of

privity of contract The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be ab ...

, as well as the vendor of real property where the debtor holds it under an agreement of sale :* providing for the legal representative of a farmer dying on or after 3 July 1934 to be able to continue proceedings or make a proposal on behalf of the estate :* a farmer to be deemed to have committed an act of bankruptcy where there is a default under the proposal :* an indefinite stay of proceedings until the date of the final disposition of the proposal :* the establishment of more than one Board of Review in a province :* no new proposals to be filed or accepted with respect to a specified province, on or after a date fixed by proclamation :* no new proposals by farmers to be received in Manitoba or British Columbia after June 1939, or for any province other than Alberta and Saskatchewan after December 1939

Attack on constitutional grounds

Many Canadian legal commentators at the time expected that the ''FCAA'', together with 1933's ''

Companies' Creditors Arrangement Act The ''Companies' Creditors Arrangement Act'' (CCAA; french: Loi sur les arrangements avec les créanciers des compagnies) is a statute of the Parliament of Canada that allows insolvent corporations owing their creditors in excess of $5 million to ...

'', would be declared unconstitutional as encroaching upon the provincial power over property and civil rights in relation to the rights of

s, and they were astonished when both were upheld. The ''FCAA'' (and by extension the ''CCAA'') was held to be constitutional by the Supreme Court of Canada, and the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

subsequently agreed. As Duff CJ noted in his judgment:

Replacement and repeal

The Act was repealed and replaced in 1943, with its scope limited to the provinces of Alberta, Saskatchewan and Manitoba, but it would fall into disuse later in the 1940s. It would remain dormant until its repeal in 1988, as a consequence of the passage of the '' Farm Debt Review Act'' in 1986.

Notes

References

{{reflist, 3 Great Depression in Canada History of agriculture in Canada Canadian federal legislation Canadian insolvency legislation 1934 in Canadian law Canadian corporate law Agriculture legislation