Minister's Order: AgriStability [0004/2021]

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 replaced 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 Ontario signed the Canadian Agricultural Partnership Agreement on January 19, 2018;

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 the sustainable growth, innovation and competitiveness of the agriculture, agri-foods and agri-products sector;

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 their branches;

And whereas section 6.2 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 the Canadian Agricultural Partnership Business Risk Management Theme Program was established as of April 1, 2018 via the Previous Order pursuant to section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas Ontario believes changes are needed to AgriStability so that it will be more responsive to meeting the needs of Ontario's farmers, including the elimination of the RML;

And whereas on November 27, 2020, Canada proposed removing the RML from AgriStability;

And whereas on March 25, 2021 a national consensus was reached on removing the RML from AgriStability;

And whereas the Previous Order needs to be amended to remove the RML from AgriStability, as continued under the Previous Order;

And whereas sections 49 and 54 of the Legislation Act, 2006 has the effect of providing the Minister of Agriculture, Food and Rural Affairs 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, am of the opinion that making amendments to the program known as the Canadian Agricultural Partnership Business Risk Management Theme Program to remove the RML from AgriStability is for the encouragement of agriculture, food and rural affairs in Ontario;

Now therefore, and pursuant to my authority under section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act and sections 49 and 54 of the Legislation Act, 2006, I hereby order the Previous Order be amended as set out in the herein Order.

Part 1 - Interpretation

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

    "AgriStability" means the program continued under Part VIII of the Previous Order;

    "Order" means this Minister's Order;

    "Previous Order" means Minister's Order 0004/2018, which established the Canadian Agricultural Partnership Business Risk Management Theme Program as of April 1, 2018, as amended; and

    "RML" means reference margin limit.

  2. Any capitalized term not defined within this Order will have the same meaning as set out under the Previous Order.

Part 2 - Amendment to Part VIII - AgriStability of Previous Order

  1. Section 44 of the Previous Order is revoked and replaced with the following:

    44. (1) For:

    (a) The 2018 and 2019 Program Years, a Participant's Reference Margin calculated under section 43 of this Order will be reduced based on the Participant's expenses, as set out in the Guidelines; and

    (b) The 2020, 2021 and 2022 Program Years, a Participant's Reference Margin will not be reduced based on the Participant's expenses.

    (2) A reduction to a Participant's Reference Margin pursuant to section 44(1)(a) of this Order will not be made above thirty percent (30%).

Part 3 - Application of this Order

  1. (1) The amendment in section 3 of this Order as it relates to the 2020 Program Year only applies to those who:
    1. Were enrolled in AgriStability prior to December 31, 2020 in accordance with any terms/conditions set out in the Guidelines and no later than the date this Order comes into effect;
    2. Paid the applicable AgriStability fees in accordance with any terms/conditions set out in the Guidelines and no later than the date this Order comes into effect; and
    3. Submit all year-end reporting documents for AgriStability in accordance with any terms/conditions set out in the Guidelines.

    (2) In the event a Participant submitted their year-end reporting documents for AgriStability prior to the date this Order comes into effect, the Administrator will be deemed to have received those documents one day later than the date this Order comes into effect.

    (3) In the event the Administrator has already issued any Program Payment to a Participant, the Administrator will adjust that Program Payment to take into account the amendment to the Previous Order set out under section 3 of this Order, provided the Participant meets the requirements set out under section 4(1) of this Order and will only be based on year-end reporting documents for AgriStability received after this Order comes into effect.

This Order comes into effect on signature.

Original signed by

The Honourable Lisa Thompson
Minister of Agriculture, Food and Rural Affairs

Executed on this 27th day of July, 2021.


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