Farm Debt Mediation Service: Step 5. Complete the application and apply

Step 5. Complete the application and apply

The Application for mediation form has 6 sections. Complete each section.

Disclaimers

The Farm Debt Mediation Service (FDMS), its services, representatives, and documents do not, and are not intended to, constitute legal advice. If need be, farmers and creditors are advised to seek legal advice from their legal counsel.

The FDMS is legislated under the Farm Debt Meditation Act and its regulations. Should there be any differences between the information on this website and the legislation, the legislation supersedes the website.

How to complete the application form

Once you decide which situation is the most relevant to you, complete and send the Application for mediation form to the FDMS as soon as possible.

Part 1: Eligibility requirements

To be eligible for the FDMS, you must farm commercially and meet at least 1 of the following 2 criteria:

• You have stopped or are no longer able to make your payments on time
• If sold, the value of your property would not be enough to cover the cost of your debts

Part 2: Applicant information

It is important that you provide both the farm legal name (if applicable) and the name recognizable to your creditors.

The information in this section will be used to identify the farm in our communications with your creditors.

Part 3: Farm owners and primary contact

The farm representative(s), unless otherwise approved by the administrator, is the farm owner and must:

• be duly authorized to make decisions on behalf of the farm
• provide the required information to the financial consultant
• attend the mediation meeting
• have the authority to sign the arrangement if an arrangement is reached at the mediation meeting

As the farm owner(s), the authorized representative(s) must also sign the Farmer(s) authorization page of the application.

Farm debt mediation documents and notices will be shared with the farm representative(s) by email as a first method of communication unless you don't have access to email.

Part 4: Application type

Indicate which section you want to apply for.

1. Section 5(1)(a) Application for stay of proceedings, review of financial affairs, and mediation
2. Section 5(1)(b) Application for review of financial affairs and mediation

Part 5: Creditor information

Section 5(1)(a) Application for stay of proceedings, review of financial affairs, and mediation

List all secured and unsecured creditors to complete Section 2 – Secured creditors and Section 3 – Unsecured creditors. Ensure creditor contact information is complete. Incomplete applications may be returned which may cause a delay in processing your application.

Secured creditor

A creditor who holds some or all of your assets, including money owed to you, as a security for their loan to you, and such asset may be seized if you default in repayment of your loan.

Include all outstanding balances on Advance Payments Program advances in this section. Refer to the information for producers applying to the FDMS with an outstanding advance(s) under the APP.

Unsecured creditor

A creditor who does not hold any of your assets as security for payment for their loan and has no other recourse but to sue you in order to have the loan paid.

Include all unsecured creditors with an estimated balance of $1,000 or more, such as:

• credit cards
• unpaid taxes
• other accounts payables with balances exceeding $1,000

Section 5(1)(b) Application for review of financial affairs and mediation

List all secured creditors. Only include major unsecured creditors that would be necessary to a viable arrangement. Ensure creditor contact information is complete. Incomplete applications will be returned and may cause a delay.

Part 6: Summary of assets

List an estimated value of all assets such as:

• cash on hand
• accounts receivable
• farm supplies
• marketable securities
• livestock
• quota
• grain
• produce
• forage
• land
• farm equipment
• buildings
• improvements
• other

During the mediation process, a financial consultant will do an analysis of your assets' values.

Farmer authorization

The application form must include the signature of the farmer(s) or the authorized officer(s). Incomplete or unsigned application forms will be returned for completion and may result in a delay.

If you have any questions about the Application for mediation form, please contact the FDMS.