Fact Sheets

Extenuating Circumstances

The Program Guidelines for AgriStability provide the program Administrations with the authority to excuse missed deadlines where exceptional circumstances prevented the producer or their representative from meeting these deadlines.

Exceptions to Deadlines:
The Administration may excuse a missed deadline where a participant can demonstrate exceptional circumstances. Exceptional circumstances can be cited where the failure to meet the deadlines of the Program could not have been avoided by the exercise of due care by the producer or a third party acting on behalf of the producer.

The extenuating circumstances cited by the producer must have been sufficiently limiting to have prevented the producer from meeting the deadline. In addition, the timing of the exceptional circumstances must be relevant to the deadline that was missed. In all cases related to missed deadlines, the missed deadline should be met within a reasonable time frame by either complying with the requirements of the deadline or by submitting a letter of appeal within that time frame.

These criteria may be applied to both program deadlines (filing requirements, fees, etc.), and administrative deadlines (deadlines set by the Administration, usually while processing an application).

Some examples where the deadline may be waived by the Administration include:

  • Participant, representative or their immediate family member suffered a severe illness which required hospitalization and/or prolonged care.
  • Participant, representative or their immediate family member passed away prior to the missed deadline.
  • Participant, representative or their immediate family member was involved in an accident or incident causing serious bodily injury.
  • Participant or representative were involved in divorce or separation proceedings.
  • Severe conditions caused significant damage to the producer's or representative's home, office, or other. Severe weather conditions hampered the ability to carry on normal business operations.
  • Participant was involved in Farm Debt Mediation or bankruptcy

Some examples where the deadline may not be waived by the Administration include:

  • Participant or representative forgot to submit the required item by the deadline
  • Participant did not have the funds to pay the participation fee by the deadline
  • Participant was unaware of the program deadline(s)
  • Minor illnesses
  • Typical stressors related to farming (i.e. busy seeding/harvesting, calving, etc)

Definitions:

Participant - the producer or entity applying to participate in the program.

Representative - the declared representative (usually accountant or book keeper, but can be other) for the participant.

Immediate Family Member - spouses (including common law), children (natural, adopted, and stepchildren), grandchildren, mothers and fathers (including in-laws), grandparents (including in-laws), and brothers and sisters (including in-laws).

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