The Farm Debt Mediation Act (FDMA) received Royal Assent on April 25, 1997 and came into force on April 1,1998. The FDMS was established to deliver the FDMA. The service provides a streamlined process of mediation to assist insolvent farmers and their creditors to negotiate settlement arrangements, rather than have those disputes result in costly legal proceedings for all parties.
To apply for assistance under the FDMA, the applicant must be engaged in farming for commercial purposes and, must also be "insolvent”, which is defined in article 6 of the FDMA as follows:
Only farmers:
- who are for any reason unable to meet their obligations as they generally become due; or
- who have ceased paying their current obligations in the ordinary course of business as they generally become due; or
- the aggregate of whose property is not, at a fair valuation, sufficient, or if disposed of at a fairly conducted sale under legal process would not be sufficient, to enable payment of all their obligations, due and accruing due.
Under the FDMA, farmers can apply for either:
- a stay of proceedings against the farmer by all the farmer’s creditors, a review of the farmer’s financial affairs, and mediation between the farmer and all the farmer’s creditors for the purpose of assisting them to reach a mutually acceptable arrangement; or
- a review of the farmer’s financial affairs, and mediation between the farmer and all the farmer’s secured creditors for the purpose of assisting them to reach a mutually acceptable arrangement.
Applicants that meet the eligibility criteria are appointed a Financial Expert and a Mediator by the FDMS. The Financial Expert completes a financial review of the farming operation and develops a recovery plan in collaboration with the farmer. The Mediator organizes the mediation meeting, in consultation with the Financial Expert, which can either be in-person, virtual or a combination of both, to bring together the farmer and their creditors to negotiate an arrangement. The Mediator will document the agreed-upon terms reached during the mediation process and draft an arrangement to be signed by all parties.
You can find more information about the FDMS on AAFC web site:
https://agriculture.canada.ca/en/programs/farm-debt-m…
One method of supply used by Agriculture and Agri-Food Canada (AAFC) to satisfy the requirements of our programs is to invite suppliers (by way of a Request for Standing Offer (RFSO) to submit an offer for the provision of services during a specified period. With the completed RFSO process, AAFC is authorized to make call-ups against the resulting SO’s detailing the exact level of services they wish to order at a particular time during the effective period of the SO, in accordance with the predetermined conditions.
A RFSO does not commit AAFC to authorize the utilization of an SO or to obtain services or issue a subsequent Contract to this effect.
A standing offer is not a contract and that the issuance of an SO and Call-up Authority does not oblige or commit Canada to procure or contract for any services listed in the SO. The Offeror understands and agrees that Canada has the right to procure the services specified in the SO by means of any other contract, SO or contracting method.
The purpose of this Request for Standing Offers (RFSO) is to select Offerors to enter into negotiations with AAFC to issue Departmental Individual Standing Offers (SO) to obtain the services described in the Statement of Work for Alberta.
The total budget for the SO will be approximately $ 1,381,250.00 based on a maximum of five (5) standing offers.
Services are required for a period of four (4) years, starting at date of issuance of standing offers.
