Minister's Order: Ontario Edible Horticultural Support Program [0006/2019]

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

And whereas the edible horticultural sector is a significant contributor to Ontario's economy;

And whereas the edible horticultural sector as a whole was experiencing increased cost pressures arising from circumstances beyond their control, such as the increasing costs related to energy and labour;

And whereas the Program was established on January 30, 2018 by the Previous Order, issued pursuant to section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act to assist the edible horticultural sector address the increasing costs related to energy and labour;

And whereas the Government of Ontario has since taken action to reduce the costs related to energy and labour;

And whereas the Government of Ontario's actions to reduce energy and labour costs will help to reduce the operational costs for small and medium-sized operators within the edible horticultural 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 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 sections 49 and 54 of the Legislation Act, 2006 have 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 believe the Program is no longer needed as a result of the Government of Ontario's actions to reduce energy and labour costs;

Now therefore and pursuant to my authority under sections 4 and 6.2(1) of the Ministry of Agriculture, Food and Rural Affairs Act and sections 49 and 54 of the Legislation Act, 2006, the Program is hereby, subject to the terms and conditions set out herein, terminated as of the date this Order comes into effect.

Part I – Interpretation

Interpretation

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

    "Order" means this Order, Minister Order Number 0011;

    "Participant" means a person who participated in the Program and received a Program Payment;

    "Previous Order" means Minister's Order Number 0001/2018, which established the Program;

    "Program" means the Ontario Edible Horticulture Support Program, as established by the Previous Order;

    "Program Payment" means the provision of funds to a Participant under the Program;

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

Part II – Notification Of Termination Of Program And Posting Of Order

  1. (1) The Program Administrator will notify the Service Provider delivering the Program the Program has been terminated and the date the Program was terminated.

    (2) The Service Provider will post a notice on its website setting out the Program has been terminated, the date of the Program's termination and a copy of this Order.

Part III – Outstanding Program Payments

  1. Any Program Payments arising before but remaining unpaid by the Service Provider at the time this Order is signed will be paid.

Part IV – Non-Accepted Program Payments

  1. (1) Any Applicant that has not accepted a Program Payment by March 31, 2019 will no longer be eligible to receive the Program Payment, provided the requirements set out under section 5(2) of this Order have been met.

    (2) Section 5(1) of this Order will only apply if:

    1. The Program Administrator has sent, or caused to be sent, a first letter of warning to the Participant setting out the Participant will lose his/her/its eligibility to receive the Program Payment if the Participant has not accepted the Program Payment by March 31, 2019;
    2. The Program Administrator has sent, or caused to be sent, a second letter of warning to the Participant setting out the Participant will lose his/her/its eligibility to receive the Program Payment if the Participant has not accepted the Program Payment by March 31, 2019; and
    3. The Participant has not accepted the Program Payment by March 31, 2019.

Part VI – Provision Of Information And Audits Under The Program

  1. (1) Notwithstanding anything else contained within this Order, this Order will not affect a person's obligations under Part VII of the Previous Order.

    (2) For greater clarity, the requirements under Part VII of the Previous Order will apply and be applied as if this Order had not been signed if or when the need arises.

Part VII – Collection Of Debts Arising Under The Program

  1. (1) Notwithstanding anything else contained within this Order, this Order will not affect a Participant's obligation to repay any debts arising under the Program in a timely manner, as required under Part IX of the Previous Order.

    (2) For greater clarity, the requirements under Part IX of the Previous Order will apply and be applied until all debts owing under the Program have been collected or otherwise appropriately dealt with in accordance with the Financial Administration Act as if this Order was not signed.

This Order comes into effect on the date it is signed.

Original signed by

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

Executed on this 28th day of February, 2019.


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