Minister's Order: Growing Forward 2 Strategic Initiatives Program [0002/2017]

Whereas the program known as Growing Forward 2 Strategic Initiatives Program was established on April 1, 2013 by an OIC for the encouragement of agriculture and food within Ontario;

And whereas section 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act provides that a program established by the Lieutenant Governor in Council under section 7 of that Act before March 22, 2017 and that is still in effect on that day, is deemed, on and after that day, to be a program established by the Minister under section 6.2 of that Act;

And whereas the Growing Forward 2 Strategic Initiatives Program, as established by the OIC, meets the criteria set out under section 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act and is therefore deemed to be a program established by the Minister under section 6.2 of that Act;

And whereas sections 49 and 54 of the Legislation Act, 2006 has the effect of providing the Minister with the power to amend, revoke or replace from time to time an order establishing a program under section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas I, the Minister of Agriculture, Food and Rural Affairs, wish to make amendments to the program known as Growing Forward 2 Strategic Initiatives Program, as established on April 1, 2013 by the OIC;

Now therefore, and pursuant to my authority under sections 6.2 and 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act and sections 49 and 54 of the Legislation Act, 2006, I hereby order the following:

Part 1 – Interpretation

  1. For the purposes of this Order, the following terms will have the meanings set out below:
    • "OIC" means the order formerly known as Order-in-Council 311/2013, as amended by Order-in-Council 762/2013;
    • "Order" means this Minister's Order, number 0002/2017;
  2. Any capitalized term not defined within this Order will have the same meaning as set out under the OIC.

Part 2 – Amendments To Part I – Interpretation

  1. The definition of "Minister" under section 1 of the OIC is revoked and replaced with the following:
    • "Minister" means the Minister of Agriculture, Food and Rural Affairs and includes any other Minister that has been assigned responsibility for the Program pursuant to the Executive Council Act;
  2. The following definitions are added under section 1 of the OIC:
    • "Assistant Deputy Minister" means an individual occupying that position within the Ministry and includes any individual acting in that position;
    • "Director" means the individual occupying the position of Director of the Rural Programs Branch and includes any individual acting in that position as well as any successor branch to the Rural Programs Branch;

Part 3 – Amendments To Part IV – General Eligibility Requirements

  1. The following provision is added as section 21(3) to the OIC:

    (3) Despite section 21(1), an Assistant Deputy Minister responsible for the Focus Area or Component thereunder may allow a Person to participate in a Focus Area or Component thereunder even if that Person does not meet all of the eligibility requirements set out under section 21(2), provided:
    1. The Person was originally found to be eligible to participate in the Focus Area or Component thereunder;
    2. The Person acted in good faith to be found eligible to participate in the Focus Area or Component thereunder;
    3. The Person acted in good faith while participating in the Focus Area or Component thereunder; and
    4. The Assistant Deputy Minister responsible for the Focus Area or Component thereunder is of the opinion that not allowing the Person to continue participating in the Focus Area or Component thereunder would create an unfair result for that Person.
  2. The following provision is added as section 21(4) to the OIC:

    (4) Despite section 21(1), the Director may allow a Person to participate in a Focus Area or Component thereunder even if that Person does not meet all of the eligibility requirements set out under section 21(2), provided:
    1. The Director is responsible for administering the Focus Area or Component thereunder in which the Person's eligibility to participate in that Focus Area or Component thereunder has been raised;
    2. The value of the Ministry's contribution under any agreement in which the Person signed is under two hundred fifty thousand dollars ($250,000.00);
    3. The Person was originally found to be eligible to participate in the Focus Area or Component thereunder;
    4. The Person acted in good faith to be found eligible to participate in the Focus Area or Component thereunder;
    5. The Person acted in good faith while participating in the Focus Area or Component thereunder; and
    6. The Director is of the opinion that not allowing the Person to continue participating in the Focus Area or Component thereunder would create an unfair result for that Person.

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 8th day of September, 2017.


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