Minister's Order: Canadian Agricultural Partnership Business Risk Management Theme Program - AgriRecovery [0008/2020]

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(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 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(1) of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas Ontario believes it is important decisions made under its business risk management programs be open and transparent as well as subject to third-party reviews and would like to have the BRMRC review decisions made under AgriRecovery

And whereas the Previous Order needs to be amended to provide the BRMRC with the authority to review decisions made under AgriRecovery;

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 the Canadian Agricultural Partnership Business Risk Management Theme Program to allow people to request a review from the BRMRC in relation to issues arising under AgriRecovery;

Now therefore, and pursuant to my authority under section 6.2(1) 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 of this Order

  1. (1) For the purposes of this Minister's Order, the following terms will have the following meanings:

    "BRMRC" means the Business Risk Management Review Committee, as continued by the OIC;

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

    "OIC" means Order-in-Council 1460/2018, which continued the BRMRC, as it may be amended from time to time; and

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

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

Part 2 - Amendment to Part XI - AgriRecovery of Previous Order

  1. Section 110 of the Previous Order is amended by adding the following definitions in their proper alphabetical order:

    "BRMRC" means the Business Risk Management Review Committee, as continued by OIC 1460/2018, as amended, and includes any successor entity;

    "OIC 1460/2018" means Order-in-Council 1460/2018, as may be amended from time to time;

    "Review" means a review of the initial decision or reconsidered decision, as the case may be, by the BRMRC;

  2. Section 117(1) of the Previous Order is amended by striking out the reference to "section 37(2) of this Order" and replacing it with "sections 37(1) and 37(2)(a) of this Order".
  3. The following is added as sections 119.1 to 119.12 of the Previous Order:

    Internal Reconsideration

    1. 119.1(1) An internal reconsideration process that allows a Person or Participant to ask for a decision made pursuant to this Part XI of the Order to be reviewed will be established.

      (2) Where an internal reconsideration process is established pursuant to section 119.1(1) of this Order, the following will be done:

      1. A guidance document setting out how the internal review process works will be established;
      2. Timelines in which a decision under the internal review process will be issued will be set out; and
      3. Applicants or Participants will be informed that that Applicant or Participant does not have to request an internal reconsideration of the original decision that was made and can make a request for review to the BRMRC.

    Request For Review To The Business Risk Management Review Committee

    General
    1. 119.2 AgriRecovery is a program in which the BRMRC may hear Reviews pursuant to the OIC 1460/2018.
    1. 119.3 Where an Applicant or Participant is not satisfied with:
      1. The initial decision; or
      2. The decision arising out of an internal reconsideration of the initial decision, the Applicant or Participant may request a Review be undertaken by the BRMRC within ninety (90) days after the initial decision was made or the decision arising out of the internal reconsideration of the initial decision was made.
    1. 119.4 Despite the time in which a request for a Review is to be made under section 119.3 of this Order, the Chair of the BRMRC may extend the time in which an Applicant or Participant may request a Review be undertaken by the BRMRC if the Chair is satisfied extenuating circumstances prevented the Applicant or Participant from making the request for Review within the time limit set out under section 119.3 of this Order.
    Processing Reviews And Business Risk Management Review Committee Recommendations
    1. 119.5 The BRMRC may conduct a Review of the initial decision or reconsidered decision in writing or in person.
    1. 119.6 Where an Applicant or Participant requests a Review pursuant to section 119.3 of this Order, the request will:
      1. Be made to the Chair of the BRMRC;
      2. Be in writing;
      3. Set out the nature of the request for Review;
      4. Set out the grounds upon which the Applicant or Participant intends to rely upon during the Review; and
      5. Set out whether the Applicant or Participant wants the BRMRC to conduct the Review in writing or in person.
    1. 119.7 Subject to sections 119.8 to 119.10 of this Order, the BRMRC will conduct the Review in accordance with the rules the BRMRC established for Reviews made under the AgriStability pursuant to the OIC 1460/2018.
    2. 119.8 The Chair of the BRMRC will, upon receipt of the Review package, assign the Review to the panel responsible for conducting the Review as soon as is practicable after receiving the Review package.
    3. 119.9 The Review conducted by the BRMRC is strictly limited to what the Applicant or Participant has requested be reviewed during the Review. The BRMRC will not consider any other issue not specifically raised in the Review package it receives from the Chair.
    1. 119.10 The Chair of the BRMRC will provide a written copy of the BRMRC's recommendations to the:
      1. Person making the initial decision or the reconsidered decision; and
      2. Applicant or Participant that made the request, as soon as practicable after the recommendations have been made.
    Final Decision
    1. 119.11 The individual responsible for making the final decision on the matter will make a final decision, after considering the recommendation of the BRMRC, within thirty (30) Business days of receiving the recommendation pursuant to section 119.10 of this Order. The individual responsible for making the final decision will also provide a written copy of the final decision to:
      1. The Applicant or Participant; and
      2. The Chair of the BRMRC, within the same thirty (30) Business Day time period in which the final decision will be made.
    1. 119.12 The final decision is strictly limited to what the Applicant or Participant has requested be reviewed during the Review. The individual responsible for making the final decision will not consider any other issue not specifically raised in the Review package the Chair of the BRMRC originally received pursuant to section 119.6 of this Order.

This Order comes into effect upon signature.

Original signed by

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

Executed on this 25th day of October, 2020.


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