Minister's Order: Canadian Agricultural Partnership Strategic Initiatives Theme Program [0005/2018]

Whereas the agriculture, agri-food and agri-based products sector provides an important economic and social contribution within Ontario;

And whereas the responsibility for agriculture within Ontario is shared between Canada and Ontario and both Canada and Ontario have a long history of collaboration in working toward a prosperous agriculture, agri-food and agri-based products sector within Ontario;

And whereas the agriculture, agri-food and agri-based products sector is operating in a rapidly-changing global environment where demand is rising in response to ever-growing population, rising incomes and increased non-food uses of agricultural products;

And whereas on July 21, 2017, the majority of Ministers responsible for agriculture across Canada endorsed the Canadian Agricultural Partnership, which sets out the broad parameters for the Canadian Agricultural Partnership Framework, which will replace Growing Forward 2;

And whereas the intent of the Canadian Agricultural Partnership Agreement is to achieve a prosperous, sustainable, competitive and innovative agriculture, agri-food and agri-products sector that is market-responsive and that anticipates and adapts to changing circumstances within Canada as a whole;

And whereas Ontario supports the underlying purposes of the Canadian Agricultural Partnership Agreement;

And whereas the Canadian Agricultural Partnership Agreement consists of two general overarching themes: (1) the business risk management theme, which is aimed at helping producers mitigate against the inherent risks involved in producing agricultural products; and (2) the non-business risk management theme, which is aimed at promoting sustainable growth, innovation and competitiveness within the agriculture, agri-food and agri-product sector;

And whereas Ontario signed the Bilateral Agreement on February 15, 2018, which deals with the non-business risk management theme;

And whereas section 4 of the Ministry of Agriculture, Food and Rural Affairs Act provides the Minister with the authority in relation to the administration of laws relating to agriculture, food and rural affairs and all of their branches;

And whereas section 6.2(1) of the Ministry of Agriculture, Food and Rural Affairs Act provides the Minister of Agriculture, Food and Rural Affairs with the authority to establish programs for the encouragement of agriculture, food and rural affairs within Ontario;

And whereas I, as the Minister of Agriculture, Food and Rural Affairs, believe such a program should be established to encourage agriculture, food and rural affairs within Ontario;

Now therefore and pursuant to my authority under sections 4 and 6.2(1) of the Ministry of Agriculture, Food and Rural Affairs Act, the program known as the

Canadian Agricultural Partnership Strategic Initiatives Theme Program

is hereby established for the encouragement of agriculture, food and rural affairs within Ontario, as of the date this Order is signed.

Part I – Interpretation

Interpretation

  1. For the purposes of interpreting this Order:
    1. Words in the singular include the plural and vice versa;
    2. Words in one gender include all genders;
    3. The headings do not form part of this Order – they are for reference purposes only and will not affect the interpretation of this Order;
    4. Any reference to dollars or currency in this Order will be to Canadian dollars and currency;
    5. Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated;
    6. Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of this Order provides otherwise; and
    7. The words "include", "includes" and "including" denote that the subsequent list is not exhaustive.

Definitions

  1. For the purposes of this Order, the terms below will have the following meanings:

    "Agreement" includes any contractual arrangement that may create a legal obligation on Ontario to pay money to another Person, including a TPA, other than an Administrator Agreement, unless the context indicates otherwise;

    "Administrator" means the Person responsible for delivering all or part of one or more Initiatives on behalf of the Program Administrator or the Priority Administrator, unless the context indicates otherwise;

    "Administrator Agreement" means an agreement between Ontario and the Administrator whereby the Administrator agrees to deliver all or part of one or more Initiatives on behalf of the Program Administrator or the Priority Administrator in return for an Administrator Payment;

    "Administrator Payment" means the payment of money to an Administrator to cover the expenses the Administrator incurs to deliver all or part of one or more Initiatives on behalf of the Program Administrator or the Priority Administrator;

    "Applicant" means a Person who applies to an Initiative;

    "Bilateral Agreement" means the agreement entitled "A Bilateral Agreement To Implement the Canadian Agricultural Partnership: A Federal-Provincial-Territorial Framework Agreement On Agriculture, Agri-Food and Agri-Based Products Policy" between Canada and Ontario;

    "Business Day" means any working day, Monday to Friday inclusive, but excluding statutory and other holidays on which the Ministry has elected to be closed for business;

    "Canada" means Her Majesty the Queen in Right of Canada, unless the context indicates otherwise;

    "Canadian Agricultural Partnership Agreement" means the agreement entitled "Canadian Agricultural Partnership – A Federal-Provincial-Territorial Framework Agreement On Agriculture, Agri-Food and Agri-Based Products Policy";

    "Common Items" means an item that can be used for multiple purposes (e.g. digital cameras, measuring tapes);

    "CRA BN" means the business number Canada Revenue Agency issues to a Person pursuant to the Income Tax Act (Canada);

    "Designated Program" means a specialized program area under a Priority Area;

    "Designated Program Operator" means the person set out under Parts IX, X, XI, XII and XIII of this Order, and includes any manager that directly reports to that person, unless the context indicates otherwise;

    "DOFMA" means the Ministry's Delegation of Financial Management Authority, and includes and amendments thereto or successor document;

    "Environmental Sustainability and Climate Change Priority Area" means the Priority Area established under Part XII of this Order;

    "FBRN" means a farm business registration number issued under the Farm Registration and Farm Organizations Funding Act, 1993;

    "Fiscal Year" means the period between April 1 of one year and March 31 of the following year;

    "Growing Forward 2 Strategic Initiatives Program" means the program established under the OIC;

    "Guidelines" means the written document setting out the requirements, terms and conditions governing the operation of an Initiative;

    "Initiative" means an eligible activity under a Designated Program;

    "Major Capital Items" include the purchase of land or buildings;

    "Markets and Trade Priority Area" means the Priority Area established under Part IX of this Order;

    "Ministry" means the Ministry of Agriculture, Food and Rural Affairs and includes a successor entity;

    "OIC" means Order-in-Council 311/2013, as amended;

    "Ontario" means Her Majesty the Queen in Right of Ontario, unless the context indicates otherwise;

    "Order" means this Minister's Order, Minister's Order Number 0005/2018, as it may be amended from time to time;

    "Overpayment" means any payment to which a Person is not entitled to receive at the time of the payment or to which the Person ceases to be entitled to receive at any time after the payment was made;

    "Participant" means a Person that has been accepted to participate in an Initiative;

    "Person" means:
    1. An individual operating as a sole proprietor,
    2. A corporation,
    3. A partnership,
    4. A band council, as defined by the Indian Act (Canada), or
    5. An unincorporated association;

    "Premises ID" means a unique identifier assigned by Ontario to a parcel of land pursuant to Minister's Order 0002/2018;

    "Priority Area" means either individually or collectively, depending on the context:
    1. The Markets and Trade Priority Area,
    2. The Science, Research and Innovation Priority Area,
    3. The Risk Management Priority Area,
    4. The Environmental Sustainability and Climate Change Priority Area,
    5. The Value-Added Agriculture and Agri-Food Processing Priority Area, and
    6. The Public Trust Priority Area;

    "Priority Administrator" means the individual set out under Parts IX, X, XI, XII and XIII of this Order, unless the context indicates otherwise;

    "Priority Operator" means the Director of Rural Programs Branch – Economic Development Division of the Ministry and includes any acting Director of Rural Programs Branch – Economic Development Branch as well as successor position, unless the context indicates otherwise;

    "Program" means the Canadian Agricultural Partnership Strategic Initiatives Theme Program;

    "Program Administrator" means the Deputy Minister of the Ministry and includes any acting Deputy Minister;

    "Program Payment" means the direct or indirect provision of money to a Recipient or Ultimate Recipient under this Program;

    "Program Year" means the period between April 1 of one year and March 31 of the following year;

    "Public Trust Priority Area" means the Priority Area established under Part XIV of this Order;

    "Recipient" means a Person who receives a Program Payment from Ontario pursuant to a TPA under the Program;

    "Requirements of Law" means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, Guidelines, approvals, permits, licences, authorizations, orders, decrees, injunctions, directions and agreements, as they may be amended from time to time, with all authorities that now or at any time hereafter may relate to the Administrator/Applicant/Participant/Recipient/Ultimate Recipient's business operations, the Initiative or both;

    "Risk Management Priority Area" means the Priority Area established under Part XI of this Order;

    "Science, Research and Innovation Priority Area" means the Priority Area established under Part X of this Order;

    "SIN" means Social Insurance Number;

    "TPA" means an agreement that is entered into between:
    1. Ontario and a Recipient, or
    2. An Administrator and an Ultimate Recipient;

    "Tribunal Order" means an order of the Agriculture, Food and Rural Affairs Appeal Tribunal exempting a Person from having to have a FBRN under the Farm Registration and Farm Organizations Funding Act, 1993;

    "Ultimate Recipient" means a Person who receives a Program Payment from an Administrator pursuant to a TPA; and

    "Value-Added Agriculture and Agri-Food Processing Priority Area" means the Priority Area established under Part XIII of this Order.

Purpose

  1. The purpose of the Program is to drive the sustainable growth, innovation and competitiveness of the agriculture, agri-food and agri-based products sector as well as support the agriculture, agri-food and agri-based products sector to:
    1. Improve anticipation, mitigation and response to risk;
    2. Increase competitiveness, productivity and profitability;
    3. Expand domestic and international markets; and
    4. Increase environmental sustainability.

Part II – Term

Commencement

  1. The Program is effective on the date this Order is signed.

Transition

  1. (1) Nothing in this Order affects any rights or obligations set out under or arising from the Growing Forward 2 Strategic Initiatives Program.

    (2) All applications or claims that were submitted under the Growing Forward 2 Strategic Initiatives Program will continue to be governed by the rules, terms and conditions set out under the OIC and applicable guidelines.

Termination

  1. (1) The Program will terminate no later than March 31, 2023.

    (2) Despite anything else contained in this Order, one or more Priority Areas will terminate in the event the Program Administrator is of the opinion there is an insufficient appropriation from the Parliament of Canada or Legislature of Ontario for any payment that is to be made under that Priority Area. Where the Program Administrator terminates a Priority Area pursuant to this section 6(2) of the Order, the following will apply:
    1. The Priority Administrator will post a notice on the Ministry's website indicating the Priority Area has been terminated and the date it was terminated; or
    2. The Priority Administrator will immediately provide notice of the termination of the Priority Area to the Administrator delivering an Initiative under that Priority Area and cause the Administrator to post a notice on its website indicating the Initiative has been terminated and the date that it was terminated; and
    3. Any claims for a payment currently being considered under the Priority Area as of the date of termination will not be paid.

    (3) Despite anything else contained in this Order, the Program Administrator may terminate one or more Initiatives, Designated Programs or Priority Areas if the Program Administrator determines that that Initiative, Designated Program or Priority Area should not continue. Where the Program Administrator terminates an Initiative, Designated Program or Priority Area pursuant to this section 6(3) of the Order, the following will apply:
    1. The Priority Administrator will post a notice on the Ministry's website indicating the Initiative, Designated Program or Priority Area has been terminated and the date that it was terminated; or
    2. The Priority Administrator will immediately provide notice of the termination of the Initiative to the Administrator delivering that Initiative and cause the Administrator to post a notice on its website indicating the Initiative has been terminated and the date the Initiative was terminated; and
    3. Any eligible claims for a payment currently being considered under the Initiative as of the date of termination will be paid.

    (4) Despite section 6(3) of this Order, the fact an Initiative is not offered in one Fiscal Year, or part thereof, does not mean that Initiative is terminated.

    (5) For greater certainty, the termination of one or more Initiatives, Designated Programs or Priority Areas does not terminate any other Initiatives, Designated Programs, Priority Areas or the Program itself.

Part III – Funding

  1. Funding for the Program will be from the monies allocated to the Ministry by the Legislature for the purposes of the Program. The Program Administrator may provide funding or allow funding to be provided to any Person that is contemplated or permitted under any Priority Area of the Program. The Program Administrator may also pay for or allow payments to be made for any administrative costs the Program Administrator determines are reasonable or prudent for the administration of any Priority Area under the Program.
  2. Funding for the Program will only be used for the Program and the costs to administer the Program.

Part IV – Administration

Program Administrator

  1. The Program Administrator will be responsible for the overall administration of the Program. This includes:
    1. Signing any amending agreements to the Bilateral Agreement;
    2. Terminating an Initiative, Designated Program or Priority Area;
    3. Entering into an Administrator Agreement with the Administrator in accordance with the spending authority set out under the DOFMA;
    4. Entering into other Agreements with any Person in accordance with the spending authority set out under the DOFMA;
    5. Establishing any standards or procedures for the delivery of each Priority Area the Program Administrator believes is reasonable or necessary;
    6. Approving anything that needs to be approved under:
      1. A Priority Area that has not already been assigned to a Priority Administrator, the Priority Operator or the Designated Program Operator, and
      2. The Program as whole; and
    7. Carrying out all other administrative functions required for the successful operation of the Program as a whole

Priority Administrator's Authority

  1. (1) The Priority Administrator will be responsible for the administration of an assigned Priority Area. This includes:
    1. Implementing any standards and procedures established by the Program Administrator for the delivery of the assigned Priority Area;
    2. Establishing and implementing any standards or procedures that the Priority Administrator believes are reasonably necessary for the successful implementation of an assigned Priority Area;
    3. Approving any Guidelines for any Initiative under the assigned Priority Area;
    4. Making decisions pursuant to sections 10(2), 10(3), 22, 23, 24 or 25 of this Order in relation to the assigned Priority Area;
    5. Entering into an Administrator Agreement with an Administrator in accordance with the spending authority set out under the DOFMA;
    6. Entering into other Agreements with any Person in accordance with the spending authority set out under the DOFMA to the assigned Priority Area;
    7. Approving anything that needs to be approved under the assigned Priority Area that has not been granted to the Priority Operator or the Designated Program Operator; and
    8. Carrying out all other administrative functions required for the successful operation of the assigned Priority Area.

    (2) A Priority Administrator may allow a Participant to continue participating in an Initiative within his or her assigned Priority Area even if that Participant does not meet all of the eligibility requirements set out under this Order for that Initiative, provided:
    1. The Person was originally found to be eligible to participate in the Initiative;
    2. The Person acted in good faith to be found eligible to participate in the Initiative;
    3. The Person acted in good faith while participating in the Initiative;
    4. The Priority Administrator's decision will not result in Ontario being in breach of any term or condition set out under the Canadian Agricultural Partnership Agreement or any guidelines thereunder in respect of the Initiative; and
    5. The Priority Administrator is of the opinion not allowing the Person to continue participating in the Initiative would create an unfair result for that Person.

    (3) The Priority Administrator may waive any requirement for an Initiative set out in this Order or the Guidelines within his or her assigned Priority Area, provided:
    1. The waiver is in relation to a TPA that falls within the Priority Area's spending authority set out in the DOFMA;
    2. The waiver will not result in Ontario being in breach of any term or condition set out under the Canadian Agricultural Partnership Agreement;
    3. The waiver will not contravene any directives issued by Ontario; and
    4. The Priority Administrator is of the opinion that not providing such a waiver would create an unfair result for the Person requesting the waiver.

Priority Operator's Authority

  1. (1) The Priority Operator will be responsible for the implementation and operation of all Initiatives where funding is being provided on a cost-share basis and are not being delivered by an Administrator. This includes:
    1. Approving Guidebooks;
    2. Implementing any standards and procedures that have been established by the Program Administrator or the Priority Administrator for the delivery of the assigned Initiative;
    3. Establishing and implementing any standards or procedures that the Priority Operator believes are reasonably necessary for the successful implementation of an assigned Initiative;
    4. Making decisions under section 11(2) of this Order in relation to any assigned Initiatives;
    5. Entering into TPAs with any Person where the dollar value of the TPA is two hundred fifty thousand dollars ($250,000.00) or less;
    6. Entering into other non-TPA Agreements with any Person in accordance with the spending authority set out under the DOFMA; and
    7. Monitoring the performance of all aspects of any assigned Initiative.

    (2) The Priority Operator may waive any requirement for an Initiative set out in this Order or the Guidelines within his or her assigned Priority Area, provided:
    1. The waiver is in relation to a TPA that has a dollar value of two hundred fifty thousand dollars ($250,000.00) or less;
    2. The waiver will not result in Ontario being in breach of any term or condition set out under the Canadian Agricultural Partnership Agreement;
    3. The waiver will not contravene any directives issued by Ontario; and
    4. The Priority Operator is of the opinion that not providing such a waiver would create an unfair result for the Person requesting the waiver.

Designated Program Operator

  1. The Designated Program Operator will be responsible for the administration of an assigned Designated Program. This includes:
    1. Implementing any standards and procedures that have been established by the Program Administrator or the Priority Administrator for the delivery of the assigned Designated Program;
    2. Implementing any Initiatives under an assigned Designated Program that are not being implemented by the Priority Operator or an Administrator;
    3. Entering into Agreements with any Person in accordance with the spending authority set out under the DOFMA in relation to the assigned Designated Program;
    4. Approving anything that needs to be approved under the assigned Designated Program that has not been granted to the Priority Administrator; and
    5. Carrying out all other administrative functions required for the successful operation of the assigned Designated Program.

Administrator

  1. (1) Subject to section 10(1)(e) of this Order, the
    1. Program Administrator, or
    2. Priority Administrator

    may, as the case may be, enter into an Administrator Agreement with one or more Administrators.

    (2) If the Program Administrator or the Priority Administrator enters into an Administrator Agreement with an Administrator, that Administrator Agreement will include, at a minimum, the following:
    1. The roles and responsibilities of the Program Administrator or the Priority Administrator, as the case may be, and the Administrator;
    2. The Administrator Payment the Administrator will receive;
    3. Service standards, if any, the Administrator will be required to meet;
    4. Reporting and audit requirements;
    5. Provisions for corrective action to address any events of default by the Administrator; and
    6. Anything else the Program Administrator or Priority Administrator believe, as the case may be, is prudent for the successful delivery of the Initiative.
  2. The Program Administrator or the Priority Administrator will, as the case may be, not make an Administrative Payment or allow an Administrative Payment to be made to an Administrator unless that Administrator is in compliance with the terms and conditions of the Administrator Agreement.
  3. Despite anything else in this Order, the Administrator will not make a Program Payment to a Participant unless that Participant has entered into a TPA with the Administrator and is in compliance with the terms and conditions of that TPA.

Exercise of Administrative Powers

  1. The Program Administrator, Priority Administrator, Priority Operator and the Designated Program Operator have, as the case may be, all necessary authority to deliver the Program.

Guidelines

  1. (1) The Priority Administrator will create or cause the Administrator to create Guidelines for each Initiative or combination of Initiatives that requires an Applicant to meet any eligibility requirements before that Applicant can participate in the Initiative. The Guidelines will not conflict with anything contained in this Order. For the purposes of determining whether the Guidelines conflict with this Order, a conflict will exist if the Guidelines provide for something that is prohibited under this Order or if the Guidelines provide that something is not needed which this Order requires.

    (2) Without limiting the Priority Administrator's general administrative authority set out in section 10(1) of this Order, the Priority Administrator's authority to create or caused to be created Guidelines includes the authority to set out, or cause to be set out, the requirements, terms and conditions in the Guidelines in relation to:
    1. Subject to Part VI of this Order, setting out eligible and ineligible costs for the Initiative in the Guidelines;
    2. Establishing the requirements, terms and conditions for any Program Payments that may be made under the Initiative in the Guidelines, including:
      1. The methodology in which a Program Payment may be calculated,
      2. Any cost-sharing ratio between:
        1. Ontario and the Recipient, or
        2. An Administrator and an Ultimate Recipient,
      3. Caps on any Program Payments,
      4. Minimum Program Payments,
      5. The timing of Program Payments, and
      6. Whether Program Payments can be assigned;
    3. Setting out reporting and audit requirements for the Initiative in the Guidelines that are in addition to what is set out under this Order;
    4. Setting out any other requirements for the Initiative that must be set out in the Guidelines under this Order in the Guidelines; and
    5. Establishing any other requirements, terms or conditions that are reasonably necessary for the successful administration and delivery of the Initiative in the Guidelines.

    (3) The Priority Administrator will:
    1. Post the Guidelines on the Ministry's website or will cause the Guidelines to be posted on a publicly available website; or
    2. Require the Administrator delivering the Initiative to post the Guidelines on that Administrator's website.

    (4) The Guidelines are not required to be posted until after this Order comes into force.

    (5) The Priority Administrator may amend the Guidelines or cause an Administrator to amend the Guidelines. Where the Guidelines are amended, the following will apply:
    1. Priority Administrator will:
      1. Post the amended Guidelines on the Ministry's website or will cause the amended Guidelines to be posted on another publicly available website, or
      2. Be posted on the website of the Administrator delivering the Initiative; and
    2. Any changes to the Guidelines will not have any retroactive effect.

Guidebooks

  1. (1) The Priority Operator may create Guidebooks to assist Persons to determine which parts of the Program may be available to them. The Guidebooks will not conflict with anything contained in the Guidelines or this Order. For the purposes of determining whether the Guidebook conflicts with this Order or the Guidelines, a conflict will exist if the Guidebook provides for something that is prohibited under this Order or the Guidelines or if the Guidebook provides that something is not needed which this Order or the Guidelines require.

    (2) Without limiting the Priority Operator's general administrative authority set out in section 11 of this Order, the Priority Operator's authority to create Guidebooks includes the authority to set out:
    1. Whether and when an Initiative will be offered within a Fiscal Year in the Guidebooks; and
    2. Administrative deadlines for applying to an Initiative in the Guidebooks.

    (3) If the Priority Operator creates a Guidebook, the Priority Operator will make or cause to be made that Guidebook publicly available.

    (4) Any Guidebook the Priority Operator creates does not have to be made publicly available until after this Order comes into force.

    (5) The Priority Operator may amend any Guidebooks the Priority Operator creates. Where a Guidebook is amended, the following will apply:
    1. The amended Guidebook will be made publicly available; and
    2. Any changes to the Guidebook will not have any retroactive effect.

Agreements

  1. (1) Without limiting the Program Administrator, Priority Administrator, the Priority Operator's or the Designated Program Operator's general administrative authority under this Order, but subject to sections 9(d), 10(1)(f), 11(1)(f) and 12(c) of this Order, the Program Administrator, Priority Administrator, Priority Operator or the Designated Program Operator may, as the case may be, enter into an Agreement with any Person for the purposes of:
    1. Developing specialized knowledge within an Initiative, Designated Program or Priority Area;
    2. Contributing to the purposes of an Initiative, Designated Program or Priority Area;
    3. Obtaining goods, services or both in relation to an Initiative, Designated Program or Priority Area from any other Person provided:
      1. The good, service or both relates to the objectives of the Program as a whole or a particular Priority Area, Designated Program or Initiative; and
      2. The Program Administrator, Priority Administrator, Priority Operator or Designated Program Operator, as the case may be, is of the opinion that the good, service or both is reasonably necessary for the operation of the Program as a whole or a particular Priority Area, Designated Program or Initiative.

    (2) Subject to sections 9(d), 10(1)(f), 11(1)(f) and 12(c) of this Order, the Program Administrator, Priority Administrator, Priority Operator and the Designated Program Operator will, as the case may be, determine the terms and conditions of any Agreement the Program Administrator, Priority Administrator, Priority Operator or Designated Program Operator may enter into under the Program, provided the following requirements are met:
    1. The general terms and conditions for the Agreement will meet all requirements set out under any applicable Government of Ontario directives; and
    2. The general terms and conditions for each Agreement entered into are, as much as possible, substantially similar for each Person.

    (3) Despite section 19(2) of this Order, the Program Administrator, Priority Administrator, Priority Operator, and the Designated Program Operator may, as the case may be, include specific provisions within a particular Agreement to address any unique situations or risks the Program Administrator, Priority Administrator, Priority Operator or Designated Program Operator has identified.
  2. Despite anything else in this Order, Ontario will not make any payment to any Person in relation to this Program unless that Person has entered into an Agreement with Ontario and is in compliance with the terms and conditions of that Agreement.

Part V – General Eligibility Requirements

Eligibility Requirements

  1. (1) No Applicant will be considered eligible to participate in any application-based Initiative unless that Applicant meets all of the eligibility requirements set out under this Part V of the Order.

    (2) At a minimum, the Applicant will meet the following general eligibility requirements in order to be eligible to participate in an Initiative:
    1. Be a Person;
    2. Apply to the Initiative using a Priority Operator or Administrator-approved application form;
    3. Submit a completed application form for the Initiative by the applicable deadline;
    4. Provide:
      1. Its CRA BN, or
      2. Its SIN if the Applicant is not eligible to receive a CRA BN and that Applicant is eligible to receive a Program Payment under the Initiative prior to receiving the Program Payment;
    5. If the Applicant is required under the Farm Registration and Farm Organizations Funding Act, 1993 to have a FBRN, the Applicant provides:
      1. Its FBRN, or
      2. In the event that the Applicant is unable to obtain a FBRN, the Applicant provides:
        1. A Tribunal Order exempting the Applicant from having to have a FBRN,
        2. A letter from the Indian Agriculture Program of Ontario verifying that the Applicant's farm business operates within a Reserve, as defined under the Indian Act (Canada), or
        3. Income statements or other evidence that is acceptable to the Priority Administrator, Priority Operator, Designated Program Operator or Administrator, as the case may be, demonstrating that the annual gross income for the farming business was equal to or greater than the amount prescribed under section 1(1) of Ontario Regulation 723/93 for:
          1. The previous fiscal year of the farming business, or
          2. The current fiscal year of the farming business;
    6. Provide its Premises ID, if applicable;
    7. Agrees that any and all intellectual property rights arising from participation in an Initiative, Designated Program or Priority Area belongs to the Applicant;
    8. Agrees that Ontario and Canada may, should the Applicant receive funding under an Initiative, publish information, including:
      1. Project-related information,
      2. The Agreement,
      3. The name of the Applicant (now Recipient or Ultimate Recipient),
      4. The amount of funding Ontario and Canada provided, and
      5. The results the project obtained;
    9. Agrees to be bound by the requirements, terms and conditions of the Initiative, as set out in this Order and that Initiative's Guidelines;
    10. Has not lost the Applicant's eligibility to participate in an Initiative pursuant to sections 22, 23, 24 or 25 of this Order; and
    11. Is in compliance with, agrees to remain in compliance with, as well as remains in compliance with all Requirements of Law.

Loss of Eligibility

  1. An Applicant/Participant/Recipient/Ultimate Recipient that willfully provides false or misleading information in relation to an Initiative:
    1. May have their eligibility to continue to participate in the Initiative revoked for the remainder of that Initiative's Program Year and may lose their eligibility to participate in that Initiative for up to an additional two Program Years;
    2. May have their eligibility to continue to participate in any other Priority Area revoked for the remainder of that Priority Area's Program Year and may lose their eligibility to participate in any other Priority Area for up to an additional two Program Years; and
    3. Will repay any Payment that was received under the Initiative.
  2. An Applicant/Participant/Recipient/Ultimate Recipient that provides false or misleading information or is found to have acted in a negligent manner in regards of allowing false or misleading information to be submitted on the Applicant or Participant's behalf under an Initiative:
    1. May have their eligibility to continue to participate in that Initiative revoked for the remainder of that Designated Program's Program Year and the next full Program Year;
    2. May have their eligibility to continue to participate in any other Priority Area revoked for the remainder of that Priority Area's Program Year and may lose their eligibility to participate in any other Priority Area for up to an additional two Program Years; and
    3. Will repay any Payment that was received under the Initiative.
  3. (1) An Applicant/Participant/Recipient/Ultimate Recipient that is abusive toward any staff responsible for delivering an Initiative will receive one written warning. If the Applicant/Participant/Recipient/Ultimate Recipients continues with his/her/its/their abusive behavior, the Applicant/Participant/Recipient/Ultimate Recipient:
    1. May have their eligibility to continue to participate in the Initiative in which the abusive behavior relates revoked for the remainder of that Initiative's Program Year; and
    2. May lose their eligibility to participate in the Initiative in which the abusive behavior relates for the next full Program Year.


    (2) In the event that an Applicant/Participant/Recipient/Ultimate Recipient has been found to be ineligible to participate in an Initiative pursuant to section 24(1) of this Order and that Applicant/Participant/Recipient/Ultimate Recipient is abusive toward any staff responsible for delivering an Initiative after again, the Applicant/Participant/Recipient/Ultimate Recipient:
    1. May have their eligibility to continue to participate in any other Priority Area revoked for the remainder of that Priority Area's Program Years; and
    2. May lose their eligibility to participate in any Priority Area under this Order while this Order is in effect.
  4. (1) An Applicant/Participant may be found to be ineligible to participate in an Initiative where that Applicant/Participant:
    1. Owes a debt to the Crown and is not in a repayment plan with the Crown, including an agent of the Crown; or
    2. Is not in compliance with any repayment plan the Applicant/Participant has with the Crown, including an agent of the Crown.

    (2) Where and Applicant/Participant has lost his/her/its/their eligibility to participate in an Initiative pursuant to section 25(1) of this Order, that Applicant/Participant will not be allowed to participate in any Initiative until that Applicant/Participant had:
    1. Repaid the debt owing to the Crown; or
    2. Has entered into a repayment plan with the Crown, including an agent of the Crown.

Part VI – Ineligible Costs

  1. (1) Despite anything else contained in this Order, the following costs are ineligible and therefore will not be funded under the Program:
    1. Costs associated with applying to an Initiative;
    2. Costs to lobby any level of government in relation to the project under the Agreement, whether the lobbying is done by an Administrator, Recipient or Ultimate Recipient or any person employed by an Administrator, Recipient or Ultimate Recipient;
    3. Costs associated with the acquisition of Major Capital Items, unless:
      1. Authorized under the applicable Guidelines, or
      2. The Person has obtained the Priority Administrator's prior written consent to incur those costs;
    4. Costs associated with the acquisition of, leasing of or construction of buildings and other facilities, including real estate fees and related costs, unless:
      1. Authorized under the applicable Guidelines, or
      2. The Person has obtained the Priority Administrator's prior written consent to incur those costs;
    5. Costs that are unreasonably incurred or are not directly necessary for the successful completion of the project;
    6. Financing charges and loan interest payments;
    7. Legal fees, unless:
      1. Authorized under the applicable Guidelines, or
      2. The Person has obtained the Priority Administrator's prior written consent to incur those legal fees;
    8. Costs for travel, meal or hospitality that are incurred in contravention of what is set out in any Agreement entered into under the Program;
    9. The value of any goods or services received through donations or in-kind, unless:
      1. Authorized under the applicable Guidelines, or
      2. The Person has obtained the Priority Administrator's prior written consent to use the value of any goods or services received through donations or in-kind as an eligible cost; and
    10. Costs for which the Recipient, Ultimate Recipient or Administrator is eligible to receive a credit, rebate or refund.

    (2) Without limiting anything set out under section 26(1) of this Order, any cost incurred as a result of a good, service or both being obtained by a Person from a third-party that is not arm's length, as defined under the Income Tax Act (Canada), from the Person obtaining the good, service or both, is ineligible.

    (3) The Priority Administrator may waive the prohibition set out under section 26(2) of this Order, provided:
    1. The waiver will not result in Ontario being in breach of any term or condition set out under the Canadian Agricultural Partnership Agreement;
    2. The waiver will not contravene any directive issued by Ontario;
    3. The good, service or both was obtained at fair market value;
    4. The Priority Administrator is satisfied that the third-party did not receive any type of bonus or additional benefit as a result of the good, service or both being purchased; and
    5. The Priority Administrator is of the opinion that not providing such a waiver would create an unfair result for the Person requesting the waiver.

Part VII – Payments

  1. Applying to an Initiative does not create a legal right to:
    1. Be enrolled in that Initiative; or
    2. Receive a Program Payment under that Initiative.
  2. Recipients/Ultimate Recipients will report Program Payments provided under an Initiative as income under the Income Tax Act (Canada), provided such a Program Payment is considered income within the meaning of the Income Tax Act (Canada).
  3. A Recipient will not assign any Program Payments made under an Initiative to a third party unless that assignment is:
    1. Authorized by the Initiative's Guidelines; or
    2. Authorized by the Priority Administrator in writing prior to the assignment.

Part VIII – Collection, Use and Disclosure of Information and Audits under the Program

Consent to Collection, Use and Disclosure of Information

  1. The collection of personal information, as defined under the Freedom of Information and Protection of Privacy Act, is necessary for the proper administration of this Program. The Program Administrator, Priority Administrator or Priority Operator will only collect the minimum personal information necessary to meet the Program's objectives. Applicants/Participants/Recipients/Ultimate Recipients will consent to the collection of any personal information, as defined under the Freedom of Information and Protection of Privacy Act, that is necessary for the administration of that Initiative.
  2. Applicants/Participants/Recipients/Ultimate Recipients will consent to the use and disclosure of any personal information that is collected pursuant to this Order, for the purposes of:
    1. Verifying any information the Participant has provided;
    2. Confirming the Recipient or Ultimate Recipient paid taxes on any Program Payments the Recipient or Ultimate Recipient received under the Initiative;
    3. Conducting audits;
    4. Enforcing the terms and conditions of the Initiative;
    5. Collecting any debts the Recipient or Ultimate Recipient may owe in relation to the Initiative; and
    6. Any other use and disclosure set out in the Initiative's Guidelines.
  3. Applications to an Initiative will contain a notice of collection of personal information and require the Applicant to indicate that the Applicant consents to the collection of that information as well as for the use and disclosure of that information for the purposes set out under section 31 of this Order.
  4. (1) A Participant participating as a sole proprietor, a partner within a partnership or a member of an unincorporated association authorizes the collection and use of that Participant's SIN, as collected pursuant to section 21(2)(d) of this Order, where that Participant does not have a CRA BN and that Participant is eligible to receive a Program Payment under the Initiative.

    (2) Where it is necessary to collect a Participant's SIN under an Initiative, including section 21(2)(d) of this Order, that Participant's SIN will only be used for the purposes set out under sections 31(b), (c), (d) and (e) of this Order.

    (3) Where it is necessary to collect a Participant's SIN, that Participant consents to the use and disclosure of that Participant's SIN to any government department/ministry, agency or third party for the purposes set out under sections 31 (b), (c), (d) and (e) of this Order.

Audits

  1. Any Person who has an Agreement under the Program will provide any information that is requested within ten (10) Business Days of the request unless the request for information contains a different deadline, in which case the information will be provided in accordance with that request for information.
  2. Any Person who receives a payment under the Program will retain all records relating to that payment for a period of at least seven (7) years from the date in which that payment was received.
  3. Any Person who has an Agreement under the Program will consent to any audits that may be conducted in relation to that Initiative, whether those audits are conducted by Canada or Ontario, including their authorized delegates. Any such audit may be conducted upon giving the Person who received the payment under the Program a minimum of twenty-four (24) hours' notice during normal business hours. This auditing authority includes the ability to enter upon premises of the Person who received the payment under the Program to review the progress of the project or how any payment has been spent.
  4. Any Person who receives a payment under the Program will provide reasonable assistance during any audit. This includes:
    1. Allowing access to any person, place or thing required for auditing purposes within ten (10) Business Days of the request being made for access to that person, place or thing unless the request or access to that person, place or thing contains a different deadline, in which case access to the person, place or thing will be provided in accordance with that request for access to the person, place or thing.
    2. Allowing for the inspection of any records that relate to the Agreement entered into;
    3. The taking of pictures or other recordings; and
    4. Allowing for the copying of any records that relate to the Agreement entered into as well as the removal of any copied documents from the premises of the person that has the Agreement.
  5. Any Person who receives a payment under the Program will authorize the collection of information, including personal information, as defined under the Freedom of Information and Protection of Privacy Act, from any government department/ministry, agency or third party for the purposes of verifying any information the Person provided as well as for the enforcement, if applicable, of the terms and conditions of the Initiative.
  6. Any Person who receives a payment under the Program will consent to the use of and disclosure of any information, including personal information, as defined under the Freedom of Information and Protection of Privacy Act, collected under an Initiative to any government department/ministry, agency or third party for the purposes of verifying any information the Person provided as well as for the enforcement, if applicable, of the terms and conditions of the Initiative.
  7. Applications for an Initiative will contain a notice about the audit rights set out under this Part VIII of the Order and require the Applicant to indicate that the Applicant consents to having audits conducted, if required.

Part IX – The Markets and Trade Priority Area

Establishment of the Markets and Trade Priority Area

  1. The Priority Area to be known as The Markets and Trade Priority Area is established as the date this Order is signed.

Administrative Authority for the Markets and Trade Priority Area

  1. The Priority Administrator for the purposes of The Markets and Trade Priority Area, as established under this Part IX of the Order is the Assistant Deputy Minister of the Economic Development Division of the Ministry, including any acting Assistant Deputy Minister of the Economic Development Division of the Ministry as well as any successor position.
  2. The Designated Program Operator for the purposes of:
    1. The Expanding Markets and Regional Opportunities Designated Program, and
    2. The Business Analysis Designated Program

    as established under this Part IX of the Order, is the Director of the Business Development Branch – Economic Development Division of the Ministry, including any acting Director of the Business Development Branch – Economic Development Division of the Ministry as well as any successor position.

Purpose of the Markets and Trade Priority Area

  1. The purpose of The Markets and Trade Priority Area is to assist the agri-food and agri-products sector overcome obstacles to capitalizing on market opportunities, such as non-tariff trade barriers and the need for adapting products for interprovincial and/or international markets, both domestically and internationally.

The Designated Programs of the Markets and Trade Priority Area

The Expanding Markets and Regional Opportunities Designated Program

Objectives of the Expanding Markets and Regional Opportunities Designated Program

  1. The objectives of The Expanding Markets and Regional Opportunities Designated Program include supporting:
    1. The scaling up of production, sales and service of the agri-food and agri-products sector within Ontario;
    2. The sector gain and/or maintain access to new and growing markets;
    3. Increase sector productivity and businesses to meet market demand; and
    4. Improvement of agri-food businesses/organizations' awareness and understanding of regional supports, challenges and opportunities.

Eligible and Ineligible Activities under the Expanding Markets and Regional Opportunities Designated Program

Eligible Activities

  1. Eligible activities, which could be the basis of an Initiative, under The Expanding Markets and Regional Opportunities Designated Program include:
    1. Improving agri-food businesses/organizations' awareness and understanding of both domestic and international markets through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training as well as other educational means;
    2. Enabling businesses/organizations' to maintain and access new markets or to support businesses/organizations' with unique regional challenges or opportunities through the development of tools and resources;
    3. Developing and producing new or niche products as well as developing and testing new crops, products and processes through applied research;
    4. Gathering data and analysis of data that is aimed at improving market access or to identify geographic gaps or market opportunities;
    5. Assisting businesses/organizations to develop and implement marketing plans, conduct feasibility or viability assessments or audits, product or process development or evaluation, support for logistics and transport, human capital/resources to support innovation, export strategy or to support infrastructure within unique regional considerations through the provision of funding on a cost-share basis;
    6. Supporting businesses/organizations to expand and maintain or gain market access both domestically and internationally as well as support for the identification of regional-specific challenges or opportunities through the development and coordination of policy and programming; and
    7. Identifying opportunities for regional expansion through surveillance, monitoring, assessments and analysis.

Ineligible Activities

  1. The following activities are ineligible activities under the Expanding Markets and Regional Opportunities Designated Program:
    1. Providing funds for normal, ongoing operation and/or maintenance costs;
    2. Providing funds to purchase Common Items; and
    3. Providing funds for activities that explicitly promote Ontario products over those of another province or territory.

Additional Eligibility Requirements under the Expanding Markets and Regional Opportunities Designated Program

  1. (1) No Applicant that is a producer will be eligible to receive cost-share funding assistance for an Initiative that deals with business planning or financial analysis/assessment unless that Applicant meets all of the requirements set out under section 21(2) of this Order and has obtained a certificate of completion for a "Growing Your Farm Profit" workshop or acceptable alternative set out in the applicable Guidelines.

    (2) No Applicant that is a processor will be eligible to receive cost-share funding assistance for an Initiative that deals with business planning or financial analysis/assessment unless that Applicant:
    1. Completed an audit or assessment supporting the need for the project; and
    2. Provides a quote or proposal from a third-party detailing the services to be provided, outcomes and costs.
  2. (1) The Priority Administrator may require Applicants under any cost-share-based Initiative under this Designated Program to submit a business plan as part of its application to be eligible under the Initiative.

    (2) Where the Priority Administrator exercises the authority under section 49(1) of this Order, the Priority Administrator will set out the submission of a business plan as an eligibility requirement under the Initiative in the applicable Guidelines.

The Business Analysis Designated Program

Objectives of the Business Analysis Designated Program
  1. The objectives of the Business Analysis Designated Program are:
    1. Supporting the agri-food sector in analyzing the strengths and weaknesses of their business models;
    2. Facilitating proactive risk management for better business decision-making;
    3. Encouraging businesses and the sector to adopt innovations, best practice tools, practices and technologies; and
    4. Helping fill business planning and financial analysis gaps for producers and to address the business planning and business assessment gaps for processors along with support for leadership development for organizations and collaborations.

Eligible and Ineligible Activities under the Business Analysis Designated Program

Eligible Activities

  1. (1) Eligible activities, which could be the basis of an Initiative, under the Business Analysis Designated Program include:
    1. Improving agri-food business awareness and understanding of business planning best practices, leadership development and productivity considerations through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Enabling businesses to develop business plans and assess overall risk through the development of tools and resources;
    3. Obtaining intelligence on business development issues through applied research, monitoring, surveillance, analysis and assessment;
    4. Improving market access or to identify geographic gaps or market opportunities through the gathering of data and analysis of data;
    5. Assist businesses to develop business plans, conduct financial analysis or other assessments through the provision of funding on a cost-share basis; and
    6. Supporting the development of or evaluation of business planning and other assessment programming through the development and coordination of policy and programming.

Ineligible Activities

  1. The following are ineligible activities under the Business Analysis Designated Program:
    1. Providing funds for normal, ongoing operation and/or maintenance costs; and
    2. Providing funds to purchase Common Items.

Part X – The Science, Research and Innovation Priority Area

Establishment of the Science, Research and Innovation Priority Area

  1. The Priority Area to be known as the Science, Research and Innovation Priority Area is established as of the date this Order is signed.

Administrative Authority for the Science, Research and Innovation Priority Area

The Priority Administrator for the purposes of the Science, Research and Innovation Priority Area, as established under this Part X of the Order is the Assistant Deputy Minister of the Research and Corporate Services Division of the Ministry, including any acting Assistant Deputy Minister of the Research and Corporate Services Division of the Ministry as well as any successor position.

  1. The Designated Program Operator for the purposes of:
    1. The Research and Innovation Designated Program,
    2. The Research Infrastructure Designated Program, and
    3. The Ontario-Quebec Research Partnership Designated Program

    as established under this Part X of the Order, is the Director of the Research and Innovation Branch – Research and Corporate Services Division of the Ministry, including any acting Director of the Research and Innovation Branch – Research and Corporate Services Division of the Ministry as well as any successor position.

Purpose of the Science, Research and Innovation Priority Area

  1. The purpose of the Science, Research and Innovation Priority Area is to foster innovation by funding research and analysis and knowledge transfer activities aimed at enhancing agriculture, agri-food and agri-products sector's resiliency, improving productivity and accelerating the commercialization of products with new and improved attributes.

Designated Programs of the Science, Research and Innovation Priority Area

The Research and Innovation Designated Program

Objectives of the Research and Innovation Designated Program

  1. (1) The objectives of the Research and Innovation Designated Program, which will also support all Priority Areas and Designated Programs, are:
    1. Sustaining and generating new, core capacity to undertake research and scientific, economic and data analysis;
    2. Undertaking applied research;
    3. Undertaking technology and product development;
    4. Supporting knowledge dissemination;
    5. Providing commercialization assistance;
    6. Fostering collaboration among governments, the agri-food research and innovation community and the agri-food industry in Ontario; and
    7. Supporting the development of skilled researchers, policy-makers and innovators in government, academia and the agri-food sector.

    (2) For the purposes of the Research and Innovation Designated Program, but subject to sections 9(d), 10(1)(f) and 12(c) of this Order, the Program Administrator, Priority Administrator or Designated Program Operator may, as the case may be, enter into one or more Agreements with one or more of the following Persons:
    1. Vineland Research and Innovation Centre;
    2. Livestock Research Innovation Corporation;
    3. University of Guelph;
    4. Agri-Technology Commercialization Centre;
    5. Bioenterprise;
    6. Ontario Agri-Food Technologies; and
    7. Oilseed Innovation Partners,

    provided that Agreement requires the Person to implement a research or innovation project that falls within the purposes of the Research and Innovation Designated Program, as set out under section 58(1) of this Order.
  2. (1) The Program Administrator, Priority Administrator or Designated Program Operator may, as the case may be, provide funding, subject to sections 9(d), 10(1)(f) and 12(c) of this Order, for further research and innovation projects to Persons not set out under section 57(2) of this Order under the Research and Innovation Designated Program if the Program Administrator, Priority Administrator or Designated Program Operator is, as the case may be, of the opinion the agriculture, agri-food and agri-based products sector would benefit from the provision of funding to that research or innovation project, provided that research and innovation project falls within the purposes of the Research and Innovation Designated Program, as set out under section 57(1) of this Order.

    (2) Where the Program Administrator, Priority Administrator or Designated Program Operator exercises his or her authority under section 59(1) of this Order, the Program Administrator, Priority Administrator or Designated Program Operator will, as the case may be, set out the scope of the research or innovation project in the Agreement.

    (3) Any Agreement entered into under 58(2) of this Order will comply with section 19(2) of this Order.

Eligible and Ineligible Activities under the Research and Innovation Strategy Designated Program

Eligible Activities

  1. Eligible activities, which may form the basis of an Initiative, under the Research and Innovation Designated Program include:
    1. Grant proposal writing;
    2. Applied research and development;
    3. Testing and surveillance;
    4. Product and market development;
    5. Business planning and development;
    6. Technology assessment;
    7. Investment attraction;
    8. Commercialization feasibility;
    9. Commercialization of technologies and products;
    10. Business and entrepreneur mentoring;
    11. Development of highly qualified personnel, who are individuals that have a specialized area of expertise, and who will seek further specialization in that area of expertise;
    12. Pilots and demonstrations;
    13. Development and delivery of knowledge transfer activities and resources; and
    14. Building and facilitating industry, government and academic collaborations.

Ineligible Activities

  1. The following are ineligible activities under the Research and Innovation Designated Program:
    1. Any research activity that is not undertaken in collaboration with the agriculture, agri-food or agri-products sector; and
    2. Any research activity that is duplicative of an existing research activity.
The Research Infrastructure Designated Program

Objectives of the Research Infrastructure Designated Program

  1. (1) The objective of the Research Infrastructure Strategy Designated Program are:
    1. Supporting centres of applied science and technology research that focus on particular industry/market opportunities to facilitate, coordinate and deliver applied research, innovation and commercialization activities, gather research priorities and create better mechanisms to plan and coordinate meaningful research and facilitate knowledge translation and transfer, outreach and communications within the agriculture, agri-food and agri-based products sector;
    2. Securing industry support for the reinvestment and renewal of major capital projects; and
    3. Supporting continued implementation of the long-term infrastructure strategy to strengthen the agri-food and argi-based products sector by increasing responsiveness to market demands while producing social, environmental and economic returns.

    (2) Major research infrastructure projects may include:
    1. The Livestock Research Innovation Corporation – Beef Research Facility;
    2. The Livestock Research Innovation Corporation – Swine Research Facilities;
    3. Livestock Research Innovation Corporation – Poultry Research Facilities;
    4. Elora Feedmill; and
    5. Field Crop Infrastructure.

    (2) Subject to sections 9(d) and 10(1)(f) of this Order, the Program Administrator or Priority Administrator will, as the case may be, enter into an Agreement with an entity set out under section 61(1) of this Order that sets out what the entity is required to do. The Agreement will be in compliance with section 19(2) of this Order.
  2. (1) The Program Administrator or the Priority Administrator may, as the case may be, provide funding, subject to sections 9(d) and 10(1)(f) of this Order, for further major research infrastructure projects under the Research Infrastructure Designated Program than what is set out under section 61(1) of this Order if the Program Administrator or Priority Administrator is, as the case may be, of the opinion the agriculture, agri-food and agri-based products sector would benefit from the provision of funding to that major research infrastructure project, provided that major research infrastructure project falls within the purposes of the Research Infrastructure Designated Program, as set out under section 57(1) of this Order.

    (2) Where the Program Administrator or Priority Administrator exercises the Program Administrator or Priority Administrator's authority under section 62(1) of this Order, the Program Administrator or Priority Administrator will, as the case may be, set out the scope of the major research infrastructure project in the TPA.

    (3) Any Agreement entered into under section 62(1) of this Order will comply with section 19(2) of this Order.

Eligible and Ineligible Activities under the Research Infrastructure Designated Program

Eligible Activities

  1. Eligible activities under the Research Infrastructure Designated Program include:
    1. Preliminary planning and concept development;
    2. Early stage development;
    3. Detailed design; and
    4. Construction – both renewal and new.

Ineligible Activities

  1. The following are ineligible activities under the Research Infrastructure Designated Program:
    1. Any research activity that is not undertaken:
      1. In collaboration with industry, and
      2. Industry has provided a minimum of twenty percent (20%) of the costs associated with the research activity; and
    2. Any research activity that is duplicative of an existing research activity.
The Ontario-Quebec Research Partnership Designated Program

Objectives of the Ontario-Quebec Research Partnership Designated Program

  1. The objectives of the Ontario-Quebec Research Partnership Designated Program is to provide funding, jointly with Quebec, for research projects that are of common interest to both Ontario and Quebec.

Eligible and Ineligible Activities under the Ontario-Quebec Research Partnership Designated Program

Eligible Activities

  1. Eligible activities under the Ontario-Quebec Research Partnership Designated Program include:
    1. Staff exchange programs between Ontario and Quebec to share information, discuss various issues of common interests related to research and innovation for agriculture as well as discussing the operation of their respective research centres;
    2. Knowledge transfer activities related to research findings in the agri-food sector and in the scientific community;
    3. Research projects related to climate change and adaptation and mitigation strategies for the agriculture and agri-food processing sectors; and
    4. Research and innovation project that address common issues and interests.

Ineligible Activities

  1. The following are ineligible activities under the Ontario-Quebec Research Partnership Designated Program:
    1. Funding for existing positions or research chairs;
    2. Basic research projects;
    3. Individual projects carried out by an agricultural enterprise; and
    4. Projects related to the fisheries and aquaculture sector.

Part XI – The Risk Management Priority Area

Establishment of the Risk Management Priority Area

  1. The Priority Area to be known as the Risk Management Priority Area is established as of the date this Order is signed.

Administrative Authority for the Risk Management Priority Area

  1. (1) The Priority Administrator for the purposes of the Risk Management Priority Area, as established under this Part XI of the Order, is the Assistant Deputy Minister of the Food Safety and Environment Division of the Ministry, including any acting Assistant Deputy Minister of the Economic Development Division of the Ministry as well as any successor position.

    (2) The Assistant Deputy Minister of the Economic Development Division of the Ministry, including any acting Assistant Deputy Minister of the Economic Development Division of the Ministry as well as any successor position, will also be a Priority Administrator for the purposes of the Risk Management Priority Area, as established under this Part XI of the Order, as it relates to the Plant Health Assurance Systems Designated Program.
  2. The Designated Program Operator for the purposes of:
    1. The Food Safety Assurance Systems Designated Program, as established under this Part XI of the Order, is the Director of the Food Safety and Traceability Program Branch – Food Safety and Environment Division of the Ministry, including any acting Director of the Food Safety and Traceability Program Branch – Food Safety and Environment Division of the Ministry as well as any successor position;
    2. The Animal Health Assurance Systems Designated Program, as established under this Part XI of the Order, is the Director of the Animal Health and Welfare Branch – Food Safety and Environment Division of the Ministry, including any acting Director of the Animal Health and Welfare Branch – Food Safety and Environment Division of the Ministry as well as any successor position; and
    3. The Plant Health Assurance Systems Designated Program, as established under this Part XI of the Order, is the Director of the Agriculture Development Branch – Economic Development Division of the Ministry, including any acting Director of the Agriculture Development Branch – Economic Development Division of the Ministry as well as any successor position.

Purpose of the Risk Management Priority Area

  1. The purpose of the Risk Management Priority Area is to assist the agriculture, agri-food and agri-products sector to integrate prevention, mitigation, preparedness, response and recovery activities and strategies to maximize its resilience, sustainability and competiveness.

Designated Programs of the Risk Management Priority Area

The Food Safety Assurance Systems Designated Program

Objectives of the Food Safety Assurance Systems Designated Program

  1. The objectives of the Food Safety Assurance Systems Designated Program are:
    1. Supporting agri-food businesses/organizations to develop capacity or ability to implement effective food safety assurance systems, including traceability, transparency and integrity so that they are able to maintain their competitiveness, prevent food safety illnesses and foster public trust; and
    2. Avoiding any potential reputational harm associated with instances where issues with a food safety assurance system arise.

Eligible and Ineligible Activities under the Food Safety Assurance Systems Designated Program

Eligible Activities

  1. Eligible activities, which could form an Initiative, under the Food Safety Assurance Systems Designated Program include:
    1. Improving agri-food businesses/organizations' awareness and understanding of food safety risks and opportunities through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Conducting gap assessments to understand facility/industry-specific food safety issues and needs;
    3. Addressing food safety risks and promote traceability, transparency and integrity in the agri-food system through the development of tools and resources;
    4. Assisting businesses/organizations to identify food safety gaps and to implement changes to control key food safety risks through industry best practices, facility, equipment or software improvements and modernization, first time audit and certification and implementation of environmental and/or laboratory testing programs or traceability systems as well as the building of organizational capacity that will enable industry to train its members to meet food safety market requirements through the provision of funds on a cost-share basis;
    5. Validating interventions to control risk, through the use of pilots and interventional studies for unique production or processing environments as well as high risk activities through applied research projects;
    6. Developing a better understanding of the aspects of food safety assurance behavior, compliance with best practices and adaptions to climate change as it relates to food safety through applied research projects;
    7. Undertaking food safety activities that focus on systemic food safety risks and the re-evaluation of existing systemic food safety risks on an annual or bi-annual basis;
    8. Implementing effective food safety best practices and assurance systems through the commercialization of technologies or processes; and
    9. Supporting the implementation of effective food safety best practices and assurance systems through the development and coordination of policy and programming.

Ineligible Activities

  1. The following are ineligible activities under the Food Safety Assurance System Designated Program:
    1. Providing funds for the purchase of Common Items;
    2. Providing funds for normal, ongoing operation and/or maintenance costs;
    3. Providing funds to allow individual Participants to purchase regulated identification devices;
    4. Implementing non-government recognized/approved systems, programs or schemes that lack credible scientific support;
    5. Re-certification audits or re-verification of existing programs; and
    6. Providing funds for the development or implementation of assurance systems contrary to national standards or approaches.
The Animal Heath Assurance Systems Designated Program

Objectives of the Animal Health Assurance Systems Designated Program

  1. The objective of the Animal Health Assurance Systems Designated Program are:
    1. Addressing threats to animal health and welfare;
    2. Addressing and/or gaining a better understanding of how the use of antimicrobials in agricultural animals contributes to the global problem of antimicrobial resistance; and
    3. Emphasizing the importance of behavioral change to shift business culture to be more proactive and willing to invest in animal health and welfare.

Eligible and Ineligible Activities under the Animal Health Assurance Systems Designated Program

Eligible Activities

  1. Eligible activities, which could form an Initiative, under the Animal Health Assurance Systems Designated Program include:
    1. Improving agri-food business awareness and understanding of animal health and welfare risks and mitigation strategies that can address threats to animal health and welfare through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Improving agri-food businesses' alignment with the National Plant and Animal Health Strategy through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    3. Gaining a better understanding of facility/industry specific animal health and welfare needs by conducting gap assessments against national codes of practices or audits;
    4. Conducting risk assessments and evaluation of management practices or techniques that contribute to the mitigation of animal health and welfare risks on-farms, at abattoirs and throughout the supply chain;
    5. Enhancing animal health and/or animal welfare, identify and evaluate risks throughout the supply chain through the development of tools and resources;
    6. Providing funds on a cost-share basis to assist businesses/organizations in:
      1. Implementing activities, management practices, facility or equipment upgrades, operational improvements, capacity building and emergency management activities to manage animal health and welfare and to align with the National Plant and Animal Health Strategy,
      2. Developing a plan or exercise for an on-farm emergency plan, and
      3. Adopting innovative technology or systems to improve animal health and welfare;
    7. Addressing commodity-specific issues related to animal health and welfare by building organizational capacity;
    8. Validating interventions to control risk, through the use of pilots and interventional studies for unique production or processing environments as well as high risk activities through applied research projects;
    9. Filling knowledge gaps, develop innovative alternatives, technologies or management practices through applied research projects;
    10. Identifying emerging risks and issues through surveillance, prevalence, monitoring and risk assessments, developing Codes of Practices and modelling economic impacts of animal health and welfare issues;
    11. Increasing coordination and efficacy of animal health and welfare activities through the sharing of information and platforms;
    12. Implementing effective animal health or welfare best practices and assurance systems through the commercialization of technologies or processes; and
    13. Supporting the implementation of effective animal health or welfare best practices and assurance systems through the development and coordination of policy and programming.

Ineligible Activities

  1. The following are ineligible activities under the Animal Health Assurance System Designated Program:
    1. Providing funds for the purchase of Common Items;
    2. Providing funds for normal, ongoing operation and/or maintenance costs;
    3. Providing funds to allow individual Participants to purchase regulated identification devices or movement tracking/reporting devices;
    4. Implementing non-government recognized/approved systems, programs or schemes that lack credible scientific support;
    5. Re-certification audits or re-verification of existing programs; and
    6. Providing funds for the development or implementation of assurance systems contrary to national standards or approaches.
The Plant Health Assurance Systems Designated Program

Objectives of the Plant Health Assurance Systems Designated Program

  1. The objectives of the Plant Health Assurance Systems Designated Program are:
    1. Supporting Ontario's plant production system proactively protect the resource base through increased preparedness for emergencies and climate change; and
    2. Increasing the capacity for sharing information and finding common solutions to increase plant health preparedness, coordination and a general ability to respond to plant health emergencies.

Eligible and Ineligible Activities under the Plant Health Assurance Systems Designated Program

Eligible Activities

  1. Eligible activities, which could form an Initiative, under the Plant Health Assurance Systems Designated Program include:
    1. Improving agri-food businesses/organizations' awareness and understanding of plant health risks and mitigation strategies that can address threats to plant health, preparation for emergencies and preparation for climate change throughout the supply chain through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Improving agri-food businesses/organizations' alignment with the National Plan and Animal Health Strategy, including traceability through education and training through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means – and advisory services;
    3. Creating entry level educational resources for new plant agriculture entrants;
    4. Supporting plant health which incorporates expert oversight, information and data networks and development of processes to provide advice and industry coordination through the development of integrated network;
    5. Supporting agri-food businesses conduct a plant health self-assessment through the development of tools and resources;
    6. Allowing for accreditation for soil and plant testing by developing and/or improving diagnostic tools, processes, equipment or capacity;
    7. Supporting the adoption of plant health best practices through the development of organizational capacity;
    8. Coordinating plant health data, agreements and laboratory systems through the development of and/or sharing information and platforms;
    9. Assisting agri-food businesses implement plant health best practices, implement disease monitoring and modernize equipment and facilities as well as adopt innovative technologies to support plant health by providing funds on a cost-share basis.
    10. Filling knowledge gaps, trials for resistance management, develop better plant health diagnostics to inform future programming for plant health through applied research projects;
    11. Obtaining a better understanding facility/industry specific plant health needs by conducting risk assessments and/or biosecurity audits;
    12. Identifying emerging risks and issues, develop best practices as well as model economic impacts of plant health issues by conducting surveillance, prevalence, monitoring, risk assessments;
    13. Implementing effective plant health best practices and assurance systems through the commercialization of technologies or processes; and
    14. Supporting plant health and the National Plant and Animal Health Strategy activities and to inform future plant health policy and program development through the development and coordination of policy and programming.

Ineligible Activities

  1. The following are ineligible activities under the Plant Health Assurance System Designated Program:
    1. Providing funds for the purchase of Common Items;
    2. Providing funds for normal, ongoing operation and/or maintenance costs;
    3. Providing funds to allow individual Participants to purchase regulated identification devices or movement tracking/reporting devices;
    4. Implementation of non-government recognized/approved systems, programs or schemes that lack credible scientific support;
    5. Re-certification audits or re-verification of existing programs; and
    6. Providing funds for the development or implementation of assurance systems contrary to national standards or approaches.

Part XII – The Environmental Sustainability and Climate Change Priority Area

Establishment of the Environmental Sustainability and Climate Change Priority Area

  1. The Priority Area to be known as the Environmental Sustainability and Climate Change Priority Area is established as of the date this Order is signed.

Administrative Authority for the Environmental Sustainability and Climate Change Priority Area

  1. The Priority Administrator for the purposes of the Environmental Sustainability and Climate Change Priority Area, as established under this Part XII of the Order is the Assistant Deputy Minister of the Food Safety and Environment Division of the Ministry, including any acting Assistant Deputy Minister of the Food Safety and Environment Division of the Ministry as well as any successor position.
  2. The Designated Program Operator for the purposes of:
    1. The Soil Heath Designated Program, and
    2. The Water Quality Designated Program

    as established under this Part XII of the Order, is the Director of the Environmental Management Branch – Food Safety and Environment Division of the Ministry, including any acting Director of the Environmental Management Branch – Food Safety and Environment Division as well as any successor position.

Purpose of the Environmental Sustainability and Climate Change Priority Area

  1. The purpose of the Environmental Sustainability and Climate Change Priority Area is to assist the agriculture, agri-food and agri-products sector in:
    1. Addressing its impact on natural resources, reduce greenhouse gas emissions, including its ability to mitigate and adapt to anticipated impacts of climate change; and
    2. Improving its ability to manage risks, enhance productivity and contribute to economic growth.

Designated Programs of the Environmental Sustainability and Climate Change Priority Area

The Soil Health Designated Program

Objectives of the Soil Health Designated Program

  1. The objectives of the Soil Health Designated Program are to:
    1. Increasing the adoption of best management practices for improved soil health across Ontario through the focus of limiting risks to erosion as well as reversing declines in organic matter;
    2. Measuring progress toward commitments through various research, monitoring and surveillance efforts;
    3. Providing positive contributions to address issues related to soil health, greenhouse gas mitigation, climate change adaption and pollinator health; and
    4. Building awareness of the importance of soil health for long-term productivity and implement soil health activities identified in the Soil Health Strategy.

Eligible and Ineligible Activities under the Soil Quality Designated Program

Eligible Activities

  1. Eligible activities, which could form Initiatives, under the Soil Quality Designated Program include:
    1. Raising awareness and improve environmental sustainability and soil health through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Improving the understanding of the effectiveness of best management practices and innovative tools and technologies for improving soil health across various site-specific conditions through the investment in applied and exploratory research;
    3. Establishing a network of sentinel research farms, gather baseline data, monitor progress and develop predictive models to analyze impact and improvement to soil health through the investment of equipment and assembly of expertise for ongoing surveillance, monitoring, data analysis and modelling;
    4. Developing, enhancing and exploring opportunities to harmonize tools and resources for on-farm decision-making related to environmental sustainability and soil health;
    5. Conducting risk assessments, audits and planning activities related to environmental sustainability and soil health;
    6. Assisting businesses/organizations in implementing best management practices and technologies to improve environmental sustainability and demonstrate progress toward soil strategy commitments through the provision of funds on a cost-share basis;
    7. Supporting environmental sustainability and soil health through the commercialization of innovative technology, processes or equipment;
    8. Delivering on soil strategy commitments through the building upon and/or establishing new resources and networks; and
    9. Supporting soil health and to inform future soil health policy and program development through the development and coordination of policy and programming.

Ineligible Activities

  1. The following are ineligible activities under the Soil Quality Designated Program:
    1. Providing funds for the purchase of Common Items; and
    2. Providing funds for normal, ongoing operation and/or maintenance costs.

Additional Eligibility Requirements under the Soil Quality Designated Program

  1. No Applicant will be eligible to receive financial assistance under the Soil Quality Designated Program on a cost-shared basis to implement an eligible best management practice unless that Applicant:
    1. Meets all of the eligibility requirements under section 21(2) of this Order
    2. Has a farmland health check-up, as specified in the Guidelines; and
    3. Has an environmental farm plan, as specified in the Guidelines.
The Water Quality Designated Program

Objectives of the Water Quality Designated Program

  1. The objectives of the Water Health Designated Program are:
    1. Increasing the adoption of best management practices for improved water quality, with a Priority in the Great Lakes Watershed (specifically Lake Erie and Lake St. Clair) to demonstrate progress toward bi-national phosphorus reduction targets;
    2. Measuring progress towards commitments through various research, monitoring and surveillance efforts; and
    3. Providing positive contributions to address issues related to water quality, greenhouse gas mitigation, climate change adaption and pollinator health.

Eligible and Ineligible Activities under the Water Quality Designated Program

Eligible Activities

  1. Eligible activities, which could form Initiatives, under the Water Quality Designated Program include:
    1. Raising awareness and improve environmental sustainability and water quality through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Filing knowledge gaps and obtaining a better understanding of the efficacy of water quality, best management practices, including innovative tools and technologies, through applied research;
    3. Establishing a network of sentinel research farms, gather baseline data, monitor progress and develop predictive models to analyze impact and improvements to water quality through the investment in equipment and assembly of expertise for ongoing surveillance, monitoring, data analysis and modelling;
    4. Conducting risk assessments, audits and planning activities related to environmental sustainability and water quality;
    5. Developing, enhancing and exploring opportunities to harmonize tools and resources for on-farm decision-making related to environmental sustainability and water quality;
    6. Assisting businesses/organizations in implementing best management practices and technologies to improve environmental sustainability and demonstrate progress toward Lake Erie Action Plan commitments through the provision of funds on a cost-share basis;
    7. Supporting environmental sustainability and water quality through the commercialization of innovative technology, processes or equipment;
    8. Delivering on Lake Erie Action Plan commitments through the building upon and/or establishing new resources and networks; and
    9. Supporting water quality and to inform future water quality policy and program development through the development and coordination of policy and programming.

Ineligible Activities

  1. The following are ineligible activities under the Water Quality Designated Program:
    1. Providing funds for the purchase of Common Items; and
    2. Providing funds for normal, ongoing operation and/or maintenance costs.

Additional Eligibility Requirements under the Water Quality Designated Program

  1. No Applicant will be eligible to receive financial assistance under the Water Quality Designated Program on a cost-shared basis to implement an eligible best management practice unless that Applicant:
    1. Meets all of the eligibility requirements under section 21(2) of this Order; and
    2. Has an environmental farm plan, as specified in the Guidelines.

Part XIII – The Value-Added Agriculture and Agri-Food Processing Priority Area

Establishment of the Value-Added Agricultural and Agri-Food Processing Priority Area

  1. The Priority Area to be known as the Value-Added Agricultural and Agri-Food Processing Priority Area is established as of the date this Order is signed.

Administrative Authority for the Value-Added Agriculture and Agri-Food Processing Priority Area

  1. The Priority Administrator for the purposes of the Value-Added Agriculture and Agri-Food Processor Priority Area, as established under this Part XIII of the Order, is the Assistant Deputy Minister of the Economic Development Division of the Ministry, including any acting Assistant Deputy Minister of the Economic Development Division of the Ministry as well as any successor position.
  2. The Designated Program Operator for the purposes of the Productivity – Technology Solutions and Labour Attraction and Retention Designated Program, as established under this Part XIII of the Order, is the Director of the Business Development Branch – Economic Development Division of the Ministry, including any acting Director of the Business Development Branch – Economic Development Division of the Ministry as well as any successor position.

Purpose of the Value-Added Agriculture and Agri-Food Processing Priority Area

  1. The purpose of the Value-Added Agriculture and Agri-Food Processing Priority Area is to expand the growth and competitiveness of value-added agriculture and agri-food processing by: focusing strategically on capital investments aimed at growing the industry and improving its productivity; helping to improve the innovation performance of the sector by enhancing its capacity to innovate; and supporting value-added agriculture and agri-food processors looking to maintain and expand their domestic and global market share.

Designated Programs of the Value-Added Agricultural and Agri-Food Processing Priority Area

The Productivity – Technology Solutions and Labour Attraction and Retention Designated Program

Objectives of the Productivity – Technology Solutions and Labour Attraction and Retention Designated Program

  1. The objectives of the Productivity – Technology Solutions and Labour Attraction and Retention Designated Program are
    1. Supporting competitiveness, profitability, growth and long-term sustainability of the agri-food sector as well as their value chains by understanding and implementing the latest technologies and processes and also gain a better understanding of labour issues;
    2. Assisting businesses across the agri-food value chain supply, develop and test technology, production systems and automation solutions; and
    3. Providing an opportunity for businesses to better understand where productivity improvements are needed and encourage investment in productivity improvements through technology and labour attraction and retention.

Eligible and Ineligible Activities under the Productivity – Technology Solutions and Labour Attraction and Retention Designated Program

Eligible Activities

  1. Eligible activities, which could form Initiatives, under the Productivity – Technology Solutions and Labour Attraction and Retention Designated Program include:
    1. Improving agri-food business productivity through education and training – through workshops, E-Learning, pilots, demonstrations, peer-to-peer learning opportunities, specialized training, support and troubleshooting for unique environments as well as other educational means;
    2. Building international awareness of Ontario being an ideal place to develop new agri-technologies to attract foreign direct investment and generate new technologies and production techniques;
    3. Providing funds on a cost-share basis to assist businesses in undertaking activities, including:
      1. Conducting labour and productivity assessments/audits,
      2. Investing in key technology and automation solutions through the development and implementation of robotics, new technologies and customized solutions,
      3. Improving productivity through the purchase and installation of new or upgraded technology, equipment and software systems,
      4. Improving productivity through ingredient and waste management, and
      5. Undertaking Enterprise Resource Planning and supply chain system projects;
    4. Obtaining a better understanding of the range of productivity improvements and labour attraction and retention options available to support productivity programming in the future by building internal capacity;
    5. Filling knowledge gaps and offering recommendations on how to best to address labour-related issues through applied research;
    6. Identifying emerging productivity trends, developing best practices and modeling economic impacts of productivity issues through surveillance, monitoring and risk assessments;
    7. Increasing automation and labour productivity to meet market demand through the purchasing and installation of new technologies and software systems; and
    8. Improve agri-food businesses' productivity through the commercialization of technologies, equipment and processes.

Ineligible Activities

  1. The following are ineligible activities under the Productivity – Technology Solutions and Labour Attraction and Retention Designated Program:
    1. The provision of funding for the purchase of Common Items; and
    2. The provision of funding for normal, ongoing operation and/or maintenance costs.

Part XIV – The Public Trust Priority Area

Establishment of the Public Trust Priority Area

  1. The Priority Area to be known as the Public Trust Priority Area is established as of April 1, 2018.

Purpose of the Public Trust Priority Area

  1. The purpose of the Public Trust Priority Area is to foster public support, confidence and trust for the agriculture, agri-food and agri-products sector by fostering the examination of new and mechanisms in which to engaged and respond to domestic and international consumers and citizens.

Operation of the Public Trust Priority Area

  1. The Priority Areas established under Parts IX, X, XI, XII and XIII of this Order will be administered and implemented in such a manner that promotes and enhances public trust in the agriculture, agri-food and agri-products sector.

Part XV – Collection of Debts Arising under the Program

Collection of Debts

  1. The Program Administrator will use reasonable efforts to collect a debt arising from a Person receiving an Overpayment in relation to the Program.
  2. Any Program Payment or other payment a Person is eligible to receive under the Program may be set-off against any existing debt that Person may owe to Canada or Ontario.
  3. The termination of an Initiative, Designated Program, Priority Area or the Program will not, in any way, affect any Person's obligation for repaying any Overpayment to Ontario.
  4. Any right of set-off provided under this Order is in additional to any other remedies that Canada or Ontario may have at law, in equity or otherwise to recover any debt a Person may owe to Canada or Ontario as a result of that Person receiving an Overpayment under the Program.
Collection of Debts from Ultimate Recipients
  1. An Administrator will use reasonable efforts to collect any debts arising from an Ultimate Recipient receiving an Overpayment.
  2. Any Program Payment a Participant is eligible to receive under an Initiative, Designated Program or Priority Area may be set-off against any existing debt the Participant may owe to the Administrator, Canada or Ontario.
  3. Any Overpayment an Administrator fails to collect from an Ultimate Recipient may result in the Administrator owing the same amount to Ontario.
  4. (1) An Administrator may ask Ontario to set-off any debt an Ultimate Recipient owes to the Administrator against any debt Ontario may owe to the Ultimate Recipient, provided the Administrator has taken all reasonable steps to recover the debt prior to asking Ontario to undertake the set-off.

    (2) If Ontario undertakes a set-off pursuant to section 110(1) of this Order, the money Ontario collects pursuant to that set-off will be used to reduce the debt the Ultimate Recipient owes to the Administrator or the Administrator owes to Ontario, as the case may be.
  5. The termination of an Initiative, Designated Program, Priority Area or the Program will not, in any way, affect the obligation of the:
    1. Ultimate Recipient from repaying any Overpayment to the Administrator;
    2. An Administrator's obligation to:
      1. Collect any Overpayment from the Ultimate Recipient; or
      2. Repay any debt the Administrator may owe to Ontario.

Part XVI – General

  1. Funding for the Program is being provided in connection with a social and economic policy and this Program is considered to be a social or economic program.

This Order is effective as of the date of signature set out below.

Original signed by

The Honourable Jeff Leal
Minister of Agriculture, Food and Rural Affairs

Executed on this 7th day of March, 2018.


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