Minister's Order: Supply Chain Assistance Program for Agri-Food and Agri-Products [0004/2020]

Whereas the Government of Ontario recognizes the important economic and social contribution agriculture plays within Ontario;

And whereas the Government of Ontario will support Ontario's agri-food and agri-products sectors by responding to acute and critical issues related to the COVID-19 Pandemic;

And whereas section 4 of the Ministry of Agriculture, Food and Rural Affairs Act provides the Minister with authority in relation to the administration of laws relating to agriculture, food and rural affairs and all 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 a program aimed at helping the agri-food and agri-products sectors address challenges related to the COVID-19 Pandemic that may threaten to disrupt Ontario's agri-food and agri-products sectors, including to enhance agri-food workplace protection, is required;

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

Supply Chain Assistance Program for Agri-Food and Agri-Products

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:

    "Administrator" means the Person responsible for delivering all or part of an Initiative on behalf of the Program Administrator;

    "Administrator Agreement" means an agreement between the Crown and the Administrator where the Administrator agrees to deliver all or part of an Initiative on behalf of the Program Administrator in return for an Administrator Payment;

    "Administrator Payment" means the payment of money by the Crown to the Administrator to cover the costs the Administrator has incurred to deliver all or part of an Initiative on behalf of the Program Administrator;

    "Agreement" means a written arrangement setting out the obligations a Person must meet to receive a Program Payment, including:

    1. An Agreement between the Crown and any Person, and
    2. An Agreement between an Administrator and any Person related to the Initiative being delivered by the Administrator;

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

    "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;

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

    "Crown" means Her Majesty the Queen in Right of Ontario;

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

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

    "FIPPA" means the Freedom of Information and Protection of Privacy Act;

    "Guidelines" means any written document setting out the criteria governing the operation of an Initiative established pursuant to this Order;

    "Initiative" means an initiative established under the Program;

    "Initiative Administrator" means the Assistant Deputy Minister of the division within the Ministry responsible for the subject-matter of the Initiative and includes any acting Assistant Deputy Minister of the division within the Ministry responsible for the subject-matter of the Initiative as well as any successor position;

    "Initiative Director" means the Director of the branch within the Ministry that is responsible for the subject-matter of the Initiative and includes any acting Director of the branch within the Ministry responsible for the subject-matter of the Initiative as well as any successor position;

    "Initiative Manager" means the Manager of the branch within the Ministry that is responsible for the subject-matter of the Initiative and includes any acting Manager of the branch within the Ministry responsible for the subject-matter of the Initiative as well as any successor position;

    "Minister" means the Minister of Agriculture, Food and Rural Affairs, or any such other Minister who may be designated from time to time as the responsible Minister in relation to the Initiative in accordance with the Executive Council Act;

    "Ministry" means the ministry of the Minister;

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

    "Overpayment" means any payment to which the 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 who has been accepted to participate in an Initiative;

    "Person" for the purposes of this Order means a legal entity and may include:

    1. An individual, including the administrator of a deceased's individual's estate;
    2. A corporation,
    3. A partnership
    4. A band council within the meaning of the Indian Act (Canada), or
    5. An unincorporated association;

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

    "Program" means the Supply Chain Assistance Program For Agri-Food And Agri-Products;

    "Program Administrator" means the Deputy Minister of the Ministry and includes any acting Deputy Minister of the Ministry as well as any successor position;

    "Program Payment" means the direct or indirect payment of money to any Person under the Program;

    "Project" means any undertaking a Person agrees to complete under an Agreement to receive a Program Payment;

    "Recipient" means a Person that receives a Program Payment;

    "Requirements Of Law" means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licences, authorizations, orders, decrees, injunctions, directions, Guidelines and agreements with all authorities that now or at any time hereafter may relate to the Applicant's business, the Project and/or the Agreement;

    "SIN" means Social Insurance Number;

    "Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal; and

    "Ultimate Recipient" means a Person who receives a Program Payment from an Administrator.

Purpose of the Program

  1. The purpose of the Program is to provide assistance to the agri-food and agri-products sectors within Ontario to address costs directly related to the COVID-19 Pandemic, including;
    1. Supply chain issues, such as capacity shortfalls in production;
    2. Workplace modifications required to enhance employee protection;
    3. Labour shortages;
    4. Examining ways of mitigating potential risks of future COVID-19 outbreaks or other types of communicable diseases; and
    5. Additional costs incurred to address other barriers or issues directly related to the COVID-19 Pandemic.

Part II - Term

Commencement of the Program

  1. The Program will commence on the date on which this Order is signed.

Termination of the Program

  1. Despite anything else in this Order, the Program will automatically terminate in the event the Program Administrator is of the opinion there is an insufficient appropriation from the Ontario Legislature or sufficient funding in the budget for the Program for any payment that is to be made under the Program. Where the Program is terminated pursuant to this section 5 of this Order, the following rules will apply:
    1. The Program Administrator will post, or cause to be posted, a notice on the Ministry's website where a copy of this Order is posted setting out the Program has been terminated and the date the Program was terminated;
    2. The Program Administrator will immediately provide notice, or cause notice to be immediately provided, of the termination to any Administrator delivering all or a part of an Initiative and cause that Administrator to post a notice on its website setting out the Program has been terminated and the date the Program was terminated;
    3. All Initiatives under the Program will terminate as of the date set out under section 5(a) of this Order; and
    4. 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 terminating the Program. Where a Minister's Order is issued terminating the Program, the following rules will apply:
    1. The Program Administrator will post, or cause to be posted, a notice on the Ministry's website where a copy of this Order is posted, along with a copy of the Minister's Order terminating the Program, setting out the Program has been terminated and the date the Program was terminated;
    2. The Program Administrator will immediately provide notice, or cause notice to be immediately provided, of the termination to any Administrator that is delivering all or a part of an Initiative under the Program and cause that Administrator to post a notice on its website indicating the Program has been terminated and the date the Program was terminated;
    3. All Initiatives under the Program will terminate as of the date set out under section 6(a) of this Order; and
    4. Any payments owing under the Program will be paid, unless the Minister's Order terminating the Program provides otherwise.

Commencement of an Initiative

  1. An Initiative will commence on the date set out in the Guidelines for that Initiative.

Termination of an Initiative

  1. An Initiative will terminate if the Program is terminated pursuant to sections 5 or 6 of this Order. Notice of the termination of the Initiative will be provided in accordance with sections 5 or 6 of this Order.
  2. (1) Despite anything else in this Order, the Program Administrator may terminate an Initiative if the Program Administrator is of the opinion there is an insufficient funding in the budget for the Program for any payment that is to be made under the Initiative. Where the Program is terminated pursuant to this section 9(1) of this Order, the following rules will apply:
    1. The Program Administrator will post, or cause to be posted, a notice on the Ministry's website where a copy of this Order is posted setting out the Initiative has been terminated and the date the Initiative was terminated;
    2. The Program Administrator will immediately provide notice, or cause notice to be immediately provided, of the termination to any Administrator delivering all or a part of an Initiative and cause that Administrator to post a notice on its website setting out the Initiative has been terminated and the date the Initiative was terminated; and
    3. Any payments under an Initiative for which there is no budget will not be paid.
  3. (1) Despite anything else in this Order, the Program Administrator may terminate an Initiative if the Program Administrator is of the opinion the Initiative should not continue. Where the Program Administrator terminates an Initiative pursuant to this section 10(1) of the Order, the following will apply:
    1. The Initiative Director will post, or cause to be posted, a notice on the Ministry's website where a copy of this Order is posted setting out the Initiative has been terminated and the date the Initiative was terminated;
    2. The Initiative Director will immediately provide notice, or cause notice to be provided immediately, of the termination of the Initiative to any Administrator delivering all or part of the Initiative and cause the Administrator to post a notice on the Administrator's website setting out the Initiative has been terminated and the date the Initiative was terminated; and
    3. Any payments owing under the Initiative as of the date it was terminated will be paid.

    (2) For greater certainty, the termination of one or more Initiatives under the Program does not terminate all Initiatives under the Program nor the Program itself.

Part III - Funding for the Program

  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 Administrator may pay for any administrative costs that the Program Administrator determines are reasonable or prudent for the administration of the Program.
  2. Funding allocated to the Program will only be used for the Program, including the costs of administering the Program.

Part IV - Administration of the Program

The Program Administrator

  1. (1) The Program Administrator will be responsible for the overall administration of the Program. This includes:
    1. Authorizing an Initiative to be established;
    2. Terminating an Initiative;
    3. Entering into an Administrator Agreement with an Administrator delivering an Initiative in accordance with the Ministry's DOFMA;
    4. Entering into any other Agreement with any other Person under an Initiative in accordance with the Ministry's DOFMA;
    5. Making decisions pursuant to section 13(2) of this Order;
    6. Establishing any standards or procedures the Program Administrator believes is necessary for the general delivery of Initiatives under the Program; and
    7. Carrying out all other administrative functions required for the successful operation of the Program as a whole.
    (2) The Program Administrator may waive any term or condition set out in an Agreement the Program Administrator enters pursuant to sections 13(1)(c) and 13(1)(d) of this Order, provided:
    1. The waiver will not contravene any directives issued by the Crown; and
    2. The Program Administrator is of the opinion providing such a waiver is appropriate in the circumstances.

The Initiative Administrator

  1. (1) The Initiative Administrator is responsible for the overall administration of any Initiative. This includes:
    1. Implementing any standards and procedures established by the Program Administrator for the delivery of the Initiative;
    2. Establishing any additional standards and procedures the Initiative Administrator believes is necessary for the delivery of the Initiative;
    3. Approving the Guidelines for the Initiative;
    4. Entering into an Administrator Agreement with an Administrator of the Initiative in accordance with the Ministry's DOFMA;
    5. Entering into any other Agreement with any other Person under the Initiative in accordance with the Ministry's DOFMA;
    6. Making decisions pursuant to section 14(2) of this Order; and
    7. Carrying out other administrative functions for the successful delivery of the Initiative.
    (2) The Initiative Administrator may waive any term or condition set out in an Agreement the Initiative Administrator enters pursuant to sections 14(1)(c) and 14(1)(d) of this Order, provided:
    1. The waiver will not contravene any directives issued by the Crown; and
    2. The Initiative Administrator is of the opinion providing such a waiver is appropriate in the circumstances.
    (3) The Initiative Administrator may transfer, or cause to be transferred, applicants/participants/recipients from any other Ministry-operated program/initiative to an Initiative established pursuant to this Order and make any necessary changes to allow for the smooth transition, provided such a transition:
    1. Is to an Initiative that has similar objectives as the program/initiative that was originally applied to by the applicant;
    2. Does not reduce any rights or privileges a person would have enjoyed by remaining in the other program; and
    3. Does not allow for a Person to double recover on any costs or claims that have already been submitted and paid.

The Initiative Director

  1. (1) The Initiative Director is responsible for the operationalization and delivery of an Initiative that is not being delivered by an Administrator. This includes:
    1. Implementing any standards and procedures established by the Program Administrator or the Initiative Administrator for the delivery of the Initiative;
    2. Establishing any additional standards and procedures the Initiative Director believes is necessary for the delivery of the Initiative;
    3. Deciding whether an Initiative should require Applicants to have a Premises ID as an eligibility requirement;
    4. Deciding whether Participants should receive a Program Payment under the Initiative;
    5. Making decisions pursuant to sections 15(2), 15(3), 27, 28, 29, 30, and 31 of this Order;
    6. Entering into an Administrator Agreement with an Administrator of the Initiative in accordance with the Ministry's DOFMA;
    7. Entering into any other Agreement with any other Person under the Initiative in accordance with the Ministry's DOFMA;
    8. Administering Agreements the Program Administrator or the Initiative Administrator entered into with an Administrator or other Person;
    9. Monitoring the operation and performance of the Initiative.
    (2) The Initiative Director may waive any term or condition set out in an Agreement the Initiative Director enters pursuant to sections 15(1)(c) and 15(1)(d) of this Order, provided:
    1. The waiver will not contravene any directives issued by the Crown; and
    2. The Initiative Director is of the opinion providing such a waiver is appropriate in the circumstances.
    (3) The Initiative Director may allow a Participant to continue participating in the Initiative if that Participant does not meet all the eligibility requirements to participate in the Initiative, provided:
    1. The Participant was originally found to be eligible to participate in the Initiative;
    2. The Participant acted in good faith to be found to be eligible to participate in the Initiative;
    3. The Participant acted in good faith while participating in the Initiative;
    4. Waiving the eligibility requirement will not result in a breach of any directive issued by Ontario; and
    5. The Initiative Director is of the opinion not waiving the eligibility requirement would create an unfair result for the Participant.

Initiative Manager

  1. (1) The Initiative Manager is responsible for assisting the Initiative Director in the delivery of an Initiative that is not being delivered by an Administrator. This includes:
    1. Entering into and administering any Agreement with any other Person under the Initiative in accordance with the Ministry's DOFMA;
    2. Assisting the Initiative Director in administering Agreements the Program Administrator or the Initiative Administrator entered with an Administrator or other Person;
    3. Administering Agreements the Initiative Director entered into with an Administrator or other Person; and
    4. Assisting the Initiative Director in monitoring the operation and performance of the Initiative.
    (2) The Initiative Manager may waive any term or condition set out in an Agreement the Initiative Manager enters pursuant to section 16(1)(a) of this Order, provided:
    1. The waiver will not contravene any directives issued by the Crown; and
    2. The Initiative Manager is of the opinion providing such a waiver is appropriate in the circumstances.

Administrator

  1. (1) Subject to the Ministry's DOFMA, the Program Administrator, Initiative Administrator or Initiative Director may enter into an Administrator Agreement with an Administrator to deliver all or part of an Initiative.

    (2) If an Administrator Agreement is entered into, that Administrator Agreement will include, at a minimum, the following:

    1. The roles and responsibilities of the parties;
    2. The Administrator Payment the Administrator will be eligible to receive;
    3. Service standards the Administrator is expected to meet (if applicable);
    4. Reporting and audit requirements;
    5. Provisions for corrective action to address any events of default by the Administrator;
    6. Provisions setting out how the Administrator will collect any Overpayments made to an Ultimate Recipient; and
    7. Any other provision the Program Administrator, the Initiative Administrator or the Initiative Director believes, as the case may be, are reasonably prudent to include.

    (3) No Administrator Payment will be made to an Administrator unless that Administrator is in compliance with the terms/conditions of the Administrator Agreement, or such non-compliance has been appropriately waived.

  2. (1) Where an Administrator is responsible for delivering all or part of an Initiative under the Program, the Administrator has the same powers as the Initiative Director set out in sections 15(1)(d), 15(1)(g) and 15(1)(i) of this Order with any necessary modifications.

    (2) In the event a Participant in the Initiative being delivered by an Administrator is later found to potentially be ineligible to participate in the Initiative, the Administrator will immediately notify the Initiative Director. The Initiative Director will be responsible for determining whether that Participant should be able to continue to participate in the Initiative pursuant to section 15(3) of this Order.

    (3) Where an Administrator is responsible for delivering all or part of an Initiative under the Program, the Administrator may waive an event of default under an Agreement the Administrator has with a Participant, provided the waiving of that event of default does not deal with something that is specifically required under this Order or in the Guidelines. If the event of default deals with something specifically required under this Order or in the Guidelines, the Administrator shall immediately notify the Initiative Director and follow the Initiative Director's directions on how to proceed.

Exercise of Administrative Powers

  1. The Program Administrator, Initiative Administrator and Initiative Director have, as the case may be, any and all inferred powers to carry out the operation of the Program as a whole or a specific Initiative under the Program.

Guidelines

  1. (1) The Initiative Director will create or cause the Administrator to create Guidelines for each 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 Initiative Director's general administrative authority set out in section 15(1) of this Order, the Initiative Director'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. 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:
      • (i) The methodology in which a Program Payment may be calculated,
      • (ii) Any cost-sharing ratio between:
        1. The Crown and the Recipient, or
        2. An Administrator and an Ultimate Recipient,
      • (iii) Caps on any Program Payments,
      • (iv) Minimum Program Payments,
      • (v) The timing of Program Payments, and
      • (vi) 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) No Guidelines for an Initiative is valid unless it has been approved by the Initiative Administrator.

    (4) The Initiative Director will:
    1. Post, or cause to be posted, the Guidelines on the Ministry's website or other publicly-available website; or
    2. Require the Administrator delivering the Initiative to post the Guidelines on that Administrator's website.
    (5) The Guidelines are not required to be posted until after this Order comes into force.

    (6) The Initiative Director may amend the Guidelines or cause an Administrator to amend the Guidelines. Where the Guidelines are amended, the following applies:
    1. The Initiative Director will:
      • (i) Obtain the approval from the Initiative Administrator for any changes to the Guidelines;
      • (i) Post, or cause to be posted, the amended Guidelines on the Ministry's website or on another publicly-available website, or
      • (ii) Be posted on the website of the Administrator delivering the Initiative; and
    2. Any changes to the Guidelines will not have a retroactive effect.

Agreements

  1. (1) Without limiting the Program Administrator, Initiative Administrator, Initiative Director or Initiative Manager's general authority under this Order, but subject to the Ministry's DOFMA, the Program Administrator, Initiative Administrator, Initiative Director and Initiative Manager may, as the case may be, enter into an Agreement with any Person for the purposes of:
    1. Developing specialized knowledge within the Program as a whole or a particular Initiative;
    2. Contributing to the purposes of the Program as a whole or a particular Initiative;
    3. Obtaining goods, services or both in relation to the Program as a whole or a particular Initiative from any other Person provided:
      • (i) The good, service or both relates to the objectives of the Program as a whole or a particular Initiative; and
      • (ii) The Program Administrator, Initiative Administrator, Initiative Director or the Initiative Manager is, as the case may be, of the opinion that the good, service or both is reasonably necessary for the operation of the Program as a whole or a particular Initiative.
    (2) If the Program Administrator, Initiative Administrator, Initiative Director or Initiative Administrator enters into an Agreement with another Person pursuant to this section 21 of the Order, the Program Administrator, Initiative Administrator, Initiative Director or the Initiative Manager may, as the case may be, determine the terms and conditions of any Agreement, 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 are, as much as possible, substantially similar for each Person.
    (3) Despite section 21(2) of this Order, the Program Administrator, Initiative Administrator, Initiative Director or Initiative Manager may, as the case may be, include specific provisions within a particular Agreement to address any unique situations or risks the Program Administrator, Initiative Administrator, Initiative Director or Initiative Manager has identified.
  2. Despite anything else in this Order, no Program Payment will be made to any Person unless that Person has entered into an Agreement as provided for under this Order and is in compliance with the terms and conditions of that Agreement, or such non-compliance has been appropriately waived.

Part V - Establishment of an Initiative under the Program

  1. No Initiative will be established under the Program unless that Initiative complies with the requirements set out under section 24 of this Order.
  2. (1) For an Initiative to be established under the Program, it will, at a minimum, be required to meet the following requirements:
    1. It must fall within the purpose of this Order, as set out under section 3 of this Order;
    2. It must be aimed at addressing costs that have been directly incurred or will be directly incurred as a result of COVID-19;
    3. It must prohibit any Person receiving a Program Payment from double recovery of any direct cost incurred or will be directly incurred as a result of COVID-19; and
    4. It cannot allow for costs to be incurred prior to March 15, 2020.
    (2) Despite section 24(1) of this Order, an Initiative may be established based on examining ways to reduce the risk of spreading COVID-19 within Ontario's agriculture, agri-food and agri-products sectors.
  3. (1) An Initiative established under this Order may require any Program Payment to be based on the merits of the Applicant's application.

    (2) An Initiative established under this Order may make Program Payments on a "first-come, first paid" basis.

Part VI - Eligibility Requirements under the Program

Eligibility Requirements

  1. (1) No Applicant will be considered eligible to participate in any application-based Initiative unless that Applicant meets all the eligibility requirements set out under this Part VI 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 an Initiative Director or Administrator-approved application form;
    3. Submit a completed application form for the Initiative by the applicable deadline;
    4. Provide:
      • (i) Its CRA BN, or
      • (ii) 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:
      • (i) Its FBRN, or
      • (ii) In the event that the Applicant is unable to obtain a FBRN, the Applicant provides:
    6. A Tribunal Order exempting the Applicant from having to have a FBRN,
    7. 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
    8. Income statements or other evidence that is acceptable to the Initiative Director 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:
      • (i) The previous fiscal year of the farming business, or
      • (ii) The current fiscal year of the farming business;
    9. Agrees the Crown may, should the Applicant receive funding under an Initiative, publish information, including:
      • (i) Project-related information,
      • (ii) The Agreement,
      • (iii) The name of the Applicant (now Recipient or Ultimate Recipient),
      • (iv) The amount of funding the Crown provided, and
      • (v) The outcome of the Project;
    10. Agrees to be bound by the requirements, terms and conditions of the Initiative, as set out in this Order and that Initiative's Guidelines;
    11. Has not lost the Applicant's eligibility to participate in an Initiative pursuant to sections 27, 28, 29, 30 or 31 of this Order; and
    12. Is in compliance with, agrees to remain in compliance with, as well as remains in compliance with all Requirements Of Law.
    (3) Applying to an Initiative does not create a legal, equitable or other right to participate in the Initiative.

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 that Initiative revoked;
    2. May have their eligibility to continue to participate in any other Initiative established under this Order revoked; and
    3. Will repay any Program 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; and
    2. Will repay any Payment that was received under the Initiative.
  3. (1) An Applicant/Participant/Recipient/Ultimate Recipient that is abusive toward any staff involved in the delivery of an Initiative will receive one written warning from the Initiative Director. If the Applicant/Participant/Recipient/Ultimate Recipients continues with 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; and
    2. May lose their eligibility to participate in any other Initiative under this Order.
    (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 29(1) of this Order and that Applicant/Participant/Recipient/Ultimate Recipient is abusive toward any staff involved in the delivery of another Initiative, the Applicant/Participant/Recipient/Ultimate Recipient may have their eligibility to continue to participate in any program provided by the Ministry revoked for a period of up to two years. The Program Administrator will determine if, and for how long, an Applicant/Participant/Recipient/Ultimate Recipient may lose their ability to participate in any program provided by the Ministry.
  4. An Applicant/Participant/Recipient/Ultimate Recipient who does not comply with a request for information or refuses to participate in any audits conducted under the Initiative:
    1. Where the non-compliance relates to the processing of a potential Payment under the Initiative - The Applicant/Participant:
      • (i) Will not have a Program Payment issued under the Initiative until such information is provided; and
      • (ii) May have their eligibility to participate, or continue participating, in the Initiative revoked for the remainder of the Initiative; or
    2. Where the non-compliance relates to participating in an audit under the Initiative - The Participant/Recipient/Ultimate Recipient:
      • (i) May have their eligibility to participate, or continue participating, in the Initiative revoked for the remainder of the Initiative; and
      • (ii) Will repay any Payments received under the Initiative.
  5. (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 an Applicant/Participant has lost their eligibility to participate in an Initiative pursuant to section 31(1) of this Order, that Applicant/Participant will not be allowed to participate in any Initiative until that Applicant/Participant has:
    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 VII - Payments under the Program

  1. Participating in an Initiative does not create a legal, equitable or other right to receive a Program Payment under the Initiative.
  2. Any Program Payments a Participant may be eligible to receive under an Initiative may be pro-rated in the event there are insufficient funds to make full payments under the Initiative. The Initiative Director will determine whether there are sufficient funds as well as any rate of proration that is to be made.
  3. Any Program Payment a Recipient receives under the Initiative is considered income for the purposes of the Income Tax Act and will be recorded as such.
  4. An Applicant/Participant/Recipient/Ultimate Recipient will not assign any Payment that may be issued under an Initiative to another Person unless the Guidelines for the Initiative authorize such assignment.
  5. Any Person who receives a Program Payment under an Initiative will retain records relating to that Program Payment for a period of seven (7) years from the expiration or termination of the Agreement in which the Program Payment was received unless the Initiative Guidelines provides otherwise.
  6. Any Program Payment made under an Initiative established under this Order is provided in connection with a social or economic policy and that the Initiative is a social or economic program.

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

  1. The collection of personal information, as defined under the FIPPA, is necessary for the proper administration of this Program. The Program Administrator, Initiative Administrator, Initiative Director or Initiative Manager 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 FIPPA, 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 provided;
    2. Confirming the Person who received a Program Payment paid taxes on that Program Payment;
    3. Conducting audits;
    4. Enforcing the terms and conditions of the Initiative;
    5. Collecting any debt a Person may owe to the Crown arising:
      • (i) Prior to the Initiative, or
      • (ii) From 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 within the meaning of the FIPPA and require the Applicant to indicate 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 39 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 26(2)(d)(ii) 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 26(2)(d)(ii) of this Order, that Participant's SIN will only be used for the purposes set out under sections 39(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 39(b), (c), (d) and (e) of this Order.

  5. 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.
  6. (1) Any Person who receives a Program Payment will authorize the collection of information, including personal information, as defined under the FIPPA, 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.

    (2) Any Person who receives a Program Payment will consent to the use of and disclosure of any information, including personal information, as defined under the FIPPA, 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.

    (3) When collecting, using and disclosing information under this Part VIII of the Order, personal information, as defined under the FIPPA, will not be collected, used or disclosed if the purpose for collecting, using or disclosing such information can be obtained by using non-personal information.

Part IX - Audits under the Program

  1. Any Person who has an Agreement under the Program will consent to any audits that may be conducted in relation to that Initiative. 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 the 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.
  2. Any Person who receives, directly or indirectly, a Program Payment 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;
    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.
  3. Applications for an Initiative will contain a notice about the audit rights set out under this Part IX of the Order and require the Applicant to indicate the Applicant consents to having audits conducted, if required.

Part X - Collection of Debts

Collection of Existing Debts Owed to the Crown

  1. (1) Any Program Payment a Person may receive may be set-off against any existing debt that Person may owe to the Crown.

    (2) The right of set-off provided under section 47(1) of this Order is in additional to any other remedies the Crown may have at law, in equity or otherwise to recover any debt a Person may owe to the Crown.

Collection of Debts from Recipients Arising under the Program

  1. Any Person who receives an Overpayment owes a debt to the Crown.
  2. The Program Administrator will use, or caused to be used, reasonable efforts to collect a debt arising from a Person receiving an Overpayment.
  3. The termination of an Initiative or the Program will not, in any way, affect any Person's obligation for repaying any Overpayment to the Crown.
  4. (1) Any Person who receives an Overpayment agrees the Crown may set-off that debt against any other payments the Crown may owe to that Person.

    (2) The right of set-off provided under section 51(1) of this Order to collect on any debts arising under the Program is in additional to any other remedies the Crown may have at law, in equity or otherwise to recover any debt a Person may owe to the Crown.

Collection of Debts from Ultimate Recipients Arising under the Program

  1. Any Program Payment a Person receives under an Initiative, may be set-off against any existing debt the Person may owe to the Administrator or the Crown.
  2. An Administrator will use reasonable efforts to collect any debts arising from an Overpayment.
  3. (1) An Administrator may ask the Crown to set-off any debt a Person owes to the Administrator against any debt the Crown may owe to the Person, provided the Administrator has taken all reasonable steps to recover the debt prior to asking the Crown to undertake the set-off.

    (2) If the Crown undertakes a set-off pursuant to section 54(1) of this Order, the money the Crown collects pursuant to that set-off will be used to reduce the debt the Person owes to the Administrator or the Administrator owes to the Crown, as the case may be.

  4. Any Overpayment an Administrator fails to collect from any Person the Administrator has an Agreement with may result in the Administrator owing the same amount to the Crown and such a debt constitutes a debt to the Crown.
  5. (1) In the event the Administrator is unable to collect a debt from a Person receiving an Overpayment pursuant to an Agreement the Administrator has with that Person, that debt also constitutes a debt owing to the Crown and the Administrator agrees the Crown may collect that debt in the name of the Crown.

    (2) Where the Crown collects the debt pursuant to section 56(1) of this Order, the Crown will credit the collection of any monies collected to the debt the Administrator owes to the Crown, less the Crown's reasonable fees to collect the debt.

  6. The termination of an Initiative or the Program will not, in any way, affect the obligation of the:
    1. A Person from repaying any debts owing to the Administrator as a result of receiving an Overpayment;
    2. An Administrator's obligation to:
      • (i) Collect any debts owed arising from an Overpayment under the Initiative; or
      • (ii) Repay any debt the Administrator may owe to the Crown.

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

Original signed by

The Honourable Ernie Hardeman
Minister of Agriculture, Food and Rural Affairs

Executed on this 9th day of July, 2020.


For more information:
Toll Free: 1-877-424-1300
E-mail: ag.info.omafra@ontario.ca