Reference Re Farmers' Creditors Arrangement Act

Reference Re Farmers' Creditors Arrangement Act[1] is a decision of the Judicial Committee of the Privy Council on the constitutionality of the Farmers' Creditors Arrangement Act as part of the bankruptcy and insolvency jurisdiction of the Parliament of Canada.

By 1934, the farm debt problem in Canada, which had been provoked by the Great Depression, reached a scale where provincial moratory legislation[a] could not resolve it, as it could not remove the farmer from his position of default.

[3] Cash flow problems also resulted in a significant increase in the amount of short-term obligations.

Bennett decided to introduce remedial legislation to address it at the federal level,[4] based in large part on the Companies' Creditors Arrangement Act[5] passed in the previous year.

Many Canadian legal commentators at the time expected that the FCAA, together with 1933's Companies' Creditors Arrangement Act,[15] (which was effectively under collateral attack) would be declared unconstitutional as encroaching upon the provincial power over property and civil rights in relation to the rights of secured creditors, and they were astonished when both were upheld.