Agricultural Law Netletter - Thursday, December 21, 2017 Issue 386

HIGHLIGHTS

* The Federal Court of Appeal has held that s. 9(2) of the Agriculture & Agri-Food Administrative Monetary Penalties Regulations, which provides that a "document sent by registered mail is served on the 10th day after the date indicated in the receipt issued by a post office" means that a document sent by registered mail is deemed to be served on the 10th day after the date indicated in the post office receipt, even if it was actually received before this date. [Editor's note: There is a similar provision in s. 17(2) of the Farm Debt Mediation Regulation which provides that "the giving of a notice [by priority post, courier or registered mail to a farmer] is deemed to be effected 7 days business days after the date on which the notice is sent". The date on which FDMA notices are served is significant, because the mandated stay of execution under the Act runs from the date of service. Based on this decision, the FDMA time period likely does not being to run