Minister's Order: Celebrating 150 Years or More of Agricultural Production in Ontario Program [0004/2017]

Whereas the agricultural, agri-food and agri-based products sectors provide an important economic and social contribution within Ontario;

And whereas Canada is celebrating its 150th birthday;

And whereas Ontario is celebrating its 150th birthday;

And whereas agriculture played a significant role in the formation of both Canada and Ontario;

And whereas it is important to celebrate the important role agriculture played in the formation of both Canada and Ontario;

And whereas section 4 of the Ministry of Agriculture, Food and Rural Affairs 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 believe that such a program should be established to encourage agriculture, food and rural affairs within Ontario;

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

Celebrating 150 Years or More of Agricultural Production in Ontario Program

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

Part 1 – 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:

    "Aboriginal Community" means a community consisting of Indian, Métis or Inuit peoples;

    "Applicant" means a Person who applies under the Program;

    "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;

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

    "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 0004/2017, as it may be amended from time to time;

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

    "Payment" means the provision of funds under the Program

    "Person" includes:

    1. An individual,
    2. A corporation, or
    3. An Aboriginal Community;

    "Program" means Celebrating 150 Years or More of Agricultural Production In Ontario Program;

    "Program Administrator" means the Assistant Deputy Minister – Economic Development Division, and includes any acting Assistant Deputy Minister – Economic Development Division, of the Ministry;

    "Recipient" means, depending on the context:

    1. A Person who receives a commemorative sign under the Program, or
    2. A Person that receives a Payment under the Program; and

    "Requirements Of Law" means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, 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 Program.

Purpose

  1. The purpose of the Program is to celebrate and provide recognition for:
    1. Families that have been engaged in agricultural production for 150 years or more in Ontario;
    2. Land within Ontario that has been in agricultural production for 150 years or more; and
    3. Aboriginal Communities that have been engaged in agricultural production or the harvesting of food for 150 years or more in Ontario.

Part 2 – Term

Commencement

  1. The Program is established as of the date that this Order is signed.

Termination

  1. (1) The Program will terminate on March 31, 2018.

    (2) Despite anything else contained in this Order, the Program Administrator may terminate this Program if the Program Administrator determines that the Program should not continue. Where the Program Administrator terminates the Program, the following rules will apply:
    1. The Program Administrator will post a notice on the Ministry's website indicating that the Program has been terminated and the date that it was terminated; and
    2. Any applications submitted as of the date of termination will be processed and the Person will be eligible to receive a commemorative sign under the Program.
  2. For greater certainty, the termination of the Program does not prohibit the Program Administrator from issuing commemorative signs the Program is terminated in the event that additional time is required to issue those commemorative signs.

Part 3 – 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 to any Person any funding that is contemplated or permitted under the Program. The Program Administrative may also pay for any administrative costs that the Program Administrator determines are reasonable or prudent for the administration of the Program.
  2. Funding for the Program will only be used for the Program and the costs to administer the Program.

Part 4 – Administration

Program Administrator's General Administrative Authority

  1. (1) The Program Administrator will be responsible for the administration and operation of the Program. This includes:
    1. Designing the commemorative sign;
    2. Establishing standards and procedures for the delivery of the Program;
    3. Monitoring the performance of all aspects of the Program;
    4. Making decisions pursuant to sections 10(1) and 10(2) of this Order;
    5. Entering into one or more agreements that are, in the Program Administrator's opinion, reasonably necessary for the administration or operation of the Program;
    6. Holding one or more events to promote the Program;
    7. Approving anything that needs to be approved under the Program; and
    8. Carrying out all other administrative functions required for the successful operation of the Program.

Exercise of Administrative Powers

  1. (1) The Program Administrator has all necessary authority to deliver the Program.

    (2) When exercising any powers granted under or complying with the requirements set out in this Order, the Program Administrator will do so in compliance with all applicable Requirements Of Law.

Part 5 – General Eligibility Requirements

Eligibility Requirements

  1. (1) No Applicant will be considered eligible to participate in the Program unless that Person meets all of the eligibility requirements set out under this Part 5 of the Order.

    (2) At a minimum, the Applicant will meet the following eligibility requirements to be eligible to participate in the Program:
    1. The Applicant is a Person as defined in section 2 of this Order;
    2. The Applicant applies to the Program on an application form approved by the Program Administrator;
    3. The Applicant applies to the Program by 11:59pm, Eastern Standard Time on October 31, 2017;
    4. Where the Applicant is applying on behalf of a family that has been engaged in agricultural production for 150 years or more, the Applicant:
      1. Is authorized on behalf of the family to apply to the Program, and
      2. Provides sufficient information to demonstrate that the family has been engaged in agricultural production within Ontario for 150 years or more;
    5. Where the Applicant is applying on the basis that the land has been in agricultural production for 150 years or more, the Applicant:
      1. Is the owner of the land, and
      2. Provides sufficient information to demonstrate that the land has been in agricultural production for 150 years or more; and
    6. Where the Applicant is applying on behalf of an Aboriginal Community that has been engaged in agricultural production or harvesting food for 150 years or more, the Applicant:
      1. Is authorized on behalf of the Aboriginal Community to apply to the Program, and
      2. Provides sufficient information to demonstrate that the Aboriginal Community has been engaged in agricultural production or harvesting food for 150 years or more.

Loss Of Eligibility

  1. (1) Any Recipient that willfully provided false or misleading information under the Program will return his/her/its commemorative sign and will be responsible for reimbursing Ontario for the cost of the commemorative sign. The cost of the commemorative sign will be deemed to be an Overpayment for the purposes of this Program.

    (2) Any Recipient that provided 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 Person's behalf under the Program will return his/her/its commemorative sign.

Part 6 – Limit On Commemorative Signs Being Issued

  1. (1) The Program Administrator will not issue a commemorate sign to:
    1. More than one family member of the same family that has applied under the Program;
    2. More than one person in relation to the land that has been in agricultural production for 150 years or more; and
    3. More than one commemorative sign to an Aboriginal Community that has been engaged in agricultural production or harvesting food for 150 years or more.

    (2) For the purposes of determining whether a Person is in the same family under section 11(1)(a) of this Order, a Person will be considered to be part of the same family if that Person is related, through blood ties or marital arrangements, to the members of the family that commenced the agricultural production of the family in which the Application relates.

Part 7 – Collection, Use and Disclosure of Information and Audits under the Program

Consent to Collection, Use and Disclosure of Personal Information

  1. Applicants to the Program consent to the collection of personal information, as defined under the Freedom of Information and Protection of Privacy Act, in relation to the administration of the Program.
  2. Applicants to the Program consent to the disclosure of any personal information collected in relation to the administration of the Program, including the publication of that personal information for the purposes of providing information about the Program.
  3. Applications to the Program will contain a notice of collection of personal information and require the Applicant to indicate that the Applicant consents to the collection of personal information and the disclosure of that personal information for the purposes of publishing information about the Program.

Audits

  1. An Applicant to the Program will provide any information that is requested within ten (10) Business Days unless more time has been provided in the request.
  2. Applicants to the Program consent to any audits that may be conducted in relation to the Program to verify any information the Applicant has provided.
  3. Applicants to the Program will provide reasonable assistance to any auditor conducting an audit under the Program. This includes allowing access to any person, place or thing required for auditing purposes.
  4. Applicants to the Program authorize the Program Administrator to obtain information from any government department/ministry, agency or third party for the purposes of verifying any information the Applicant has provided.
  5. Applicants to the Program consents to the Program Administrator to release information that they may have collected under the Program to any government department/ministry, agency or third party for the purposes of verifying any information the Applicant has provided.
  6. A Recipient who fails to cooperate in any audit undertaken in relation to the Program will return his/her/its commemorative sign to Ontario. The Recipient will also be responsible for reimbursing Ontario for the cost of the commemorative sign. The cost of the commemorative sign will be deemed to be an Overpayment for the purposes of this Program.
  7. Applications for the Program will contain a notice about the audit rights set out under this Part 7 of the Order and require the Applicant to indicate that the Applicant consents to having an audit conducted, if required.

Part 8 – Collection Of Debts Arising Under The Program

  1. The Program Administrator will collect any debts arising under the Program in a timely manner.
  2. Any Payment a Person may be eligible to receive under the Program may be set off against any existing debt that that Person owes to Canada or Ontario.
  3. The termination of the Program will not, in any way, affect the obligation of a Recipient to repay any outstanding amounts owing under the Program.
  4. Any right of set-off provided under this Order is in additional to any other remedies that Ontario may have at law, in equity or otherwise to recover any debt that a Recipient may owe to Ontario as a result of that Recipient receiving a Payment, through administrative error or otherwise, under the Program that that Recipient was not otherwise eligible to receive.

Original signed by

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

Executed on this 18th day of September, 2017.


For more information:
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E-mail: ag.info.omafra@ontario.ca
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