Minister's Order: The Provincial Premises Registry Program [0002/2018]

Whereas the program known as the Provincial Premises Registry Program was established on July 22, 2011 by OIC 926/2017 for the encouragement of agriculture and food within Ontario;

And whereas accurate Premises verification and identification is critical to the strength of our agriculture and food industries;

And whereas Premises identification is the first step in establishing a traceability system that can lead to many business advantages, including improving operational efficiencies and increasing market access;

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 the Ministry of Agriculture, Food and Rural Affairs 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 the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas the Provincial Premises Registry Program, as established by OIC 926/2017, 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 Ministry of Agriculture, Food and Rural Affairs Act;

And whereas sections 49 and 54 of the Legislation Act, 2006 provides a person who has the authority to make an order with the power to amend, revoke or replace that order from time to time, which includes orders made pursuant to section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act;

Now therfore pursuant to my authority, OIC 926/2017 establishing the Provincial Premises Registry Program, is revoked and replaced by:

The Provincial Premises Registry Program

as set out under this Order:

Part I - Interpretation and Purpose

Interpretation

  1. For the purpose 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 the 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 in Canadian dollars or 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 in 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

    "Assistant Deputy Minister" means the Assistant Deputy Minister, Food Safety and Environment Division of the Ministry and includes an Acting Assistant Deputy Minister, Food Safety and Environment Division or any successor position;

    "Deputy Minister" means the Deputy Minister of the Ministry and includes an Acting Deputy Minister of the Ministry or any successor position;

    "Guidelines" means any written documents, in print or electronic form, setting out the criteria governing the operation of the Program and posted on the Program website;

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

    "OIC 926/2017" means the order formerly known as Order-in-Council 926/2017;

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

    "Order" means this Minister's Order, number 0002/2018, as it may be amended;

    "Person" includes:

      1. an agri-business owner, operator, lessor or tenant operating as a sole proprietor, corporation, partnership or unincorporated association; or
      2. such other person as may be designated in the Guidelines;

    "Premises" means a parcel of land within the Province of Ontario defined by a legal land description or, in its absence, by geographical coordinates, on which, or any part of which, animals, plants, agri-food based products, inputs or food are grown, kept, assembled or disposed of;

    "Premises Identification Number" means the unique identifier that the Program Administrator or the Service Provider assigns to a Premises once the Premises has been registered in the Provincial Premises Registry, used as a unique identifier to reference the activities occurring on the Premises and validated to verify the legal land description of the Premises stored within the Provincial Premises Registry;

    "Program" means the Provincial Premises Registry Program;

    "Program Administrator" means the Director, Food Safety and Traceability Programs Branch and includes an acting Director, Food Safety and Traceability Programs Branch or any successor position;

    "Provincial Premises Registry" means the database where the Premises information of Registrants is recorded and maintained by the Program Administrator or the Service Provider;

    "Registrant" means a Person that has or has had its Premises registered in the Registry and has been assigned a Premises Identification Number and certificate;

    "Registry" means the Provincial Premises Registry;

    "Requirements of Law" means all applicable statutes, regulations, by-laws, codes, rules, ordinances, approvals, licenses, authorizations, decrees, injunctions, directions, orders, declarations, Guidelines and agreements, as they may be amended from time to time, with all authorities that now or at any time could be imposed on a Person from authorities having jurisdiction over that Person; and

    "Service Provider" means one or more third parties selected by the Assistant Deputy Minister to deliver all or part of the Program on behalf of the Program Administrator.

Purpose of the Provincial Premises Registry Program

  1. The purpose of this Program is to create a voluntary Provincial Premises Registry where Premises are recorded and maintained in a Registry in order to prepare for and respond to incidents and emergencies

Part II - Commencement, Transition, Termination and Review

Commencement And Transition

  1. This Program which came into effect on July 22, 2011, is continued as set out in this Order on the date in which this Order is signed.

Termination

  1. (1) Despite anything else in this Order, the Program will automatically terminate in the event the Program Administrator is of the opinion that there is an insufficient appropriation for any payment that is to be made under the Program. Where the Program is terminated pursuant to this section 5(1) of the Order, the following rules will apply:
    1. The Program Administrator will post a notice on the Program website where a copy of this Order is posted indicating that the Program has been terminated and the date of termination. The Program will be considered terminated as of that date; or
    2. The Program Administrator will immediately provide notice of the termination to any Service Provider and cause that Service Provider to post a notice on the Program website indicating that the Program has been terminated and the date of termination; and
    3. Any payments under the Program for which there is no appropriation will not be paid.

    (2) Despite anything else in this Order, the Program may be terminated through the issuance of a Minister's Order. Where a Minister's Order is issued terminating the Program, the following rules will apply:

    1. The Program Administrator will post a notice on the Program website where a copy of this Order is posted, along with a copy of the Minister's Order terminating the Program, indicating that the Program has been terminated and the date of termination; or
    2. The Program Administrator will immediately provide notice of the termination to any Service Provider and cause that Service Provider to post a notice on the Program website indicating that the Program has been terminated and the date of termination; and
    3. Any payments owing under the Program will be paid, unless the Minister's Order terminating the Program provides otherwise.

Review

  1. (1) The Deputy Minister will conduct a review of the Program at least once every five (5) years from the date this Order is signed to confirm that the Program is continuing to meet its objectives.

    (2)  Despite section 6(1), the Program may be reviewed at any time to confirm the Program is continuing to meet its objectives.

Part III - Funding

  1. Funding for the Program will be from the monies allocated to the Ministry for the purpose of the Program. The Assistant Deputy Minister may provide any funding that is required, contemplated or permitted under the Program including any administrative costs that the Assistant Deputy Minister determines are reasonable or prudent for the administration and delivery of the Program.

Part IV - Administration

  1. The Program Administrator will be responsible for the administration and delivery of the Program. This includes:
    1. Monitoring the performance of all aspects of the Program;
    2. Establishing standards and procedures for the delivery of the Program;
    3. Establishing and approving the Guidelines for the Program;
    4. Maintaining the Provincial Premises Registry;
    5. Approving anything that needs to be approved for the Program;
    6. Carrying out all other administrative functions required for the successful operation of the Program.

The Assistant Deputy Minister and Use of Service Provider

  1. (1) Despite section 8 of this Order, the Assistant Deputy Minister may enter into an agreement with a Service Provider that will include, at a minimum, the following:
    1. The roles and responsibilities of the Service Provider regarding the delivery of the Program on behalf of the Ministry;
    2. The costs for delivering the Program;
    3. The administrative fees, if any, the Service Provider may charge Registrants under the Program in order to deliver the Program;
    4. A requirement that the Service Provider is to indemnify Ontario, including its officers, employees and servants, and have appropriate insurance to support the indemnity;
    5. Reporting requirements;
    6. Record-keeping requirements;
    7. Audit requirements;
    8. Performance requirements;
    9. Provision for corrective action to address any events of default by the Service Provider;
    10. Right to recover payments made;
    11. Anything else the Assistant Deputy Minister believes is prudent for the successful delivery of the Program.

    (2)  The Assistant Deputy Minister may enter into amending agreements with the Service Provider.

    (3)  The Assistant Deputy Minister may make changes to the Program, including changes described in section 14 of this Order.

Exercise of Administrative powers

  1. The Program Administrator or Service Provider, as the case may be, has all necessary authority to deliver the Program.
  2. When exercising any powers granted under or complying with requirements set out in this Order, the Program Administrator or Service Provider, as the case may be, shall do so in compliance with any Requirements of Law, including the requirements set out in this Order and the Guidelines.

Guidelines

  1. (1) The Program Administrator will create or cause to be created Guidelines for the Program. The Guidelines will not conflict with anything contained in this Order. For the purposes of determining whether the Guidelines conflict with the Order, a conflict will be found if the Guidelines provide for something that is prohibited under this Order or if the Guidelines provide that something is not needed which is strictly required under this Order. A conflict will not, however, exist if the Guidelines set out additional requirements, including for a Registrant under the Program, or the Program Administrator is using any other authority under the Order to supplement certain aspects of this Program.

    (2) Without limiting the Program Administrator's general administrative authority set out under section 8 of this Order, the Program Administrator's authority to create Guidelines or cause the Guidelines to be created includes the authority to set out or cause to be set out, the rules, terms and conditions for the Program.

    (3) The Program Administrator will post the Guidelines or cause the Guidelines to be posted on the Program website.

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

    (5) The Program Administrator may amend the Guidelines or cause the Guidelines to be amended. Where the Guidelines are amended, the Guidelines will be posted on the Program website.

    (6) Any changes to the Guidelines will not have any retroactive effect.

Part V - Operation of the Provincial Premises Registry

  1. As a condition to registering a Premises and obtaining a Premises Identification Number, Registrants must consent to:
    1. Update their Premises information or confirm their Premises information is correct in the Registry;
    2. Audits conducted to verify the Premises information;
    3. Their information being shared for the purposes of incident and emergency management; and
    4. Any other conditions that the Program Administrator may designate in the Guidelines, including related to the use and disclosure of their information.
  2. Should the Assistant Deputy Minister designate a natural Person as a Registrant in the Guidelines, the collection of personal information within the meaning of the Freedom of Information and Protection of Privacy Act will be necessary for the proper administration of the Program and the Program Administrator or Service Provider delivering the Program will:
    1. Collect the minimum personal information required to meet Program objectives
    2. Collect personal information by consent; and
    3. Set out the terms of the consent in the Guidelines, including use and disclosure of the personal information.
  3. Any information provided to the Program Administrator or Service Provider delivering the Program may be subject to disclosure in accordance with the Freedom of Information and Protection of Privacy Act and other Requirements of Law.

Part VI - Collection of Debts under the Program

  1. The Program Administrator will collect any debts arising under the Program in a timely manner.
  2. The termination of the Program will not, in any way, affect the obligation of a Service Provider to repay any amount owing under the 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 February, 2018.


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