Minister's Order: Risk Management Program [0005/2019]

Whereas the agriculture, agri-food and agri-based products sector provides an important economic and social contribution within Ontario;

And whereas the Government of Ontario established the Program pursuant to the Previous Order to assist Participants to mitigate the inherent risks associated with farming;

And whereas the Government of Ontario has recently made a number of changes to how the BRMRC operates to allow it to consider requests for review in a more administratively efficient and effective manner pursuant to the OIC;

And whereas the changes introduced under the OIC requires amendments to the Previous Order;

And whereas section 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act provides 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, 2018 and still in effect on that day, is deemed, on and after that date, to be a program established by the Minister of Agriculture, Food and Rural Affairs under section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas the Program, as established by the Previous Order, 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 of Agriculture, Food and Rural Affairs under section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas sections 49 and 54 of the Legislation Act, 2006 has the effect of providing the Minister of Agriculture, Food and Rural Affairs Act 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;

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 program known as the

Risk Management Program

as established by the Previous Order be continued as set out in this Order.

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 indicated otherwise;
    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 the subsequent list is not exhaustive.

Definitions

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

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

    "Administrator Agreement" means an agreement between Ontario and the Administrator whereby the Administrator agrees to delivering all or a part of the Program on behalf of the Program Administrator in return for an Administrator Payment;

    "Administrator Payment" means the payment of money to an Administrator by the Program Administrator to cover the expenses the Administrator incurs pursuant to the Administrator Agreement;

    "AgriStability" means the program:

    1. Continued by Canada and Ontario under the agreement entitled "The Canadian Agricultural Partnership – A Federal-Provincial-Territorial Framework Agreement on Agriculture, Agri-Food and Agri-Based Products Policy", as may be amended from time to time, and includes any successor agreement, and
    2. Implemented into Ontario law pursuant to Minister's Order 0004/2018;

    "BRMRC" means the Business Risk Management Review Committee and includes any successor entity;

    "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;

    "Category" means one or more parts of the following Components:

    1. The Cattle Program Category, as defined in Part IX of this Order,
    2. The Grain And Oilseed Program Category, as defined in Part X of this Order,
    3. The Hog Program Category, as defined in Part XI of this Order,
    4. The Sheep Program Category, as defined in Part XII of this Order, and
    5. The Veal Program Category, as defined in Part XIII of this Order;

    "Component" means a sector set out under Parts IX, X, XI, XII or XIII of this Order;

    "Cost Of Production" means the estimated cost of producing a commodity covered under the Program, as determined in accordance with the applicable Guideline, minus thirty percent (30%) of the least efficient Participants of that commodity covered under this Program;

    "Coverage Level" means the percentage coverage of the Cost Of Production of the commodities covered under this Program, as set out in the applicable Guideline;

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

    "Farmer" means a Person engaged in the production of one or more of the following commodities within Ontario:

    1. Cattle, as defined in Part IX of this Order;
    2. Grain And Oilseeds, as defined in Part X of this Order;
    3. Hogs, as defined in Part XI of this Order;
    4. Sheep, as defined in Part XII of this Order; and
    5. Veal Calf, as defined in Part XIII of this Order,

    but is not participating in the Program;

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

    "Guidelines" means the written document setting out the requirements, terms and conditions governing the operation of a Component that is in addition to what is set out under this Order;

    "Historical Market Price" means the average market price over the most recent years prior to the Program Year in which the Farmer has applied to the Program, as defined in the applicable Guideline;

    "Market Price" means the average selling price for the commodity covered under this Program in a given time period, as calculated in the applicable Guideline;

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

    "OIC" means Order-in-Council 1460/2018, continuing the BRMRC;

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

    "Order" means this Minister's Order, Minister's Order number 0005/2019;

    "Participant" means a Person that has been accepted to participate in one or more Components of the Program;

    "Person" means:

    1. An individual,
    2. A corporation,
    3. A partnership, or
    4. An unincorporated association;

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

    "Previous Order" means the order formerly known as Order-in-Council 1309/2011, which established the Program, as amended by Order-in-Council 694/2012 and 1943/2012;

    "Premium" means the amount of money a Participant pays for a specific Coverage Level for a specific commodity covered under a Component of the Program for the Program Year;

    "Program" means the Risk Management Program and includes the following Components:

    1. The Risk Management Program: Cattle, as set out under Part IX of this Order,
    2. The Risk Management Program: Grain And Oilseeds, as set out under Part X of this Order,
    3. The Risk Management Program: Hogs, as set out under Part XI of this Order,
    4. The Risk Management Program: Sheep, as set out under Part XII of this Order, and
    5. The Risk Management Program: Veal, as set out under Part XIII of this Order;

    "Program Administrator" means the Assistant Deputy Minister – Policy Division of the Ministry, and includes any acting Assistant Deputy Minister – Policy Division of the Ministry, as well as any successor position;

    "Program Operator" means the Director of Farm Finance Branch – Policy Division of the Ministry, and includes any acting Director of Farm Finance Branch – Policy Division of the Ministry, as well as any successor position;

    "Program Payment" means the direct or indirect provision of funds to a Recipient under the Program by the Program Operator or Administrator;

    "Program Year" means the corresponding calendar year or crop year, as defined in the applicable Guideline;

    "Reporting Period" means the period of the Program Year for which the Participant will report all required production information to the Program Operator, as set out in the applicable Guideline;

    "Recipient" means a Person who receives a Program Payment under the Program;

    "Requirements Of Law" means all applicable statures, regulations, by-laws, ordinances, codes, official plans, rules, Guidelines, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements as they may be amended from time to time, with all authorities that now or at any time hereafter may relate to the Farmer/Participant/Recipient's business operations, the Program or both;

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

    "SIN" means Social Insurance Number; and

    "Support Level" means the level of support the Participant chooses to have under the Program, as defined in Parts IX, X, XI, XII and XIII of this Order;

Purpose Of The Risk Management Program

  1. The purpose of the Program is to assist Participants to risk manage their business and to address concerns with gaps in the national business risk management programs, notably with predictability, bankability and timeliness.

Part II – Term of The Risk Management Program

Commencement

  1. The Program will continue as set out in this Order, effective February 22, 2019.

Termination

  1. Despite anything else contained in this Order, this Program will terminate in the event the Program Administrator is of the opinion there is an insufficient appropriation from the Legislature of Ontario for any Program Payment to be made under the Program. Where the Program terminates pursuant to this section 5 of the Order, the following will apply:
    1. The Program Operator will post a notice on the Ministry's website setting out the Program has been terminated and the date it was terminated; or
    2. The Program Operator will immediately provide notice of the termination to any Administrator delivering the Program and cause the Administrator to post a notice on its website setting out the Program has been terminated and the date it was terminated; and
    3. Any claims for a Program Payment currently being considered under the Program as of the date of termination will not be paid.
  2. Despite anything else contained in this Order, this Program may be terminated through the issuance of a Minister's Order terminating the Program. Where the Program is terminated pursuant to this section 6 of the Order, the following will apply:
    1. The Program Operator will post 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; or
    2. The Program Operator will immediately provide notice of the termination to any Administrator delivering the Program and cause the Administrator to post a notice on its website setting out the Program has been terminated and the date the Program was terminated; and
    3. Any eligible claims for a Program Payment currently being considered under the Program as of the date of termination will be paid.

Part III – Funding For The Risk Management Program

  1. Funding for the Program will be from the monies allocated to the Ministry by the Legislature of Ontario for the purposes of the Program. The Program Administrator may provide funding or allow funding to be provided to any Person that is contemplated or permitted under the Program to receive funding. The Program Administrator may also pay or allow payments to be made for any administrative costs the Program Administrator determines are reasonable or prudent in the administration of the Program.
  2. Funding for the Program will only be used for the Program and costs to administer the Program.

Part IV – Administration Of The Risk Management Program

Program Administrator's Authority

  1. The Program Administrator will be responsible for the overall administration of the Program. This includes:
    1. Entering into an Administrator Agreement with an Administrator
    2. Reallocating, despite sections 7 and 8 of this Order, money provided under this Program to the Self-Directed Risk Management Program, as continued under Minister's Order 0005-2019, provided the Program Administrator is of the opinion such a reallocation is appropriate under the circumstances; and
    3. Approving anything that needs to be approved for the Program that has not been assigned to the Program Operator.

Program Operator's Authority

  1. (1) The Program Operator will be responsible for the implementation and operation of the Program. This includes:
    1. Approving and signing the Guidelines, including any amendments thereto;
    2. Establishing standards and procedures for the delivery of all aspects of the Program;
    3. Monitoring the performance of all aspects of the Program;
    4. Monitoring any Administrator's delivery of the Program;
    5. Making decisions pursuant to sections 10(2), 10(3), 15, 16, 17 and 18 of this Order; and
    6. Carrying out all other administrative functions required for the successful operation of the Program.

    (2) The Program Operator may allow a Person to continue participating in the Program if that Person does not meet all of the eligibility requirements set out under this Order, provided:

    1. The Person was originally found to be eligible to participate in the Program;
    2. The Person acted in good faith to be found eligible to participate in the Program;
    3. The Person acted in good faith while participating in the Program; and
    4. The Program Operator is of the opinion not allowing the Person to continue participating in the Program would create an unfair result for that Person.

    (3) The Program Operator may waive a requirement to participate in the Program set out under this Order, provided the Program Operator is of the opinion that not providing such a waiver would create an unfair result for the Person requesting the waiver.

    (4) The Program Operator may impose conditions on any waiver the Program Operator provides under section 10(3) of this Order, provided those conditions do not contradict anything set out in this Order or the Guidelines.

Administrator

  1. (1) The Program Administrator may enter into an agreement with an Administrator to administer the Program.

    (2) If the Program Administrator enters into an agreement with an Administrator, that agreement will include, at a minimum, the following:

    1. The roles and responsibilities of the Program Administrator and the Administrator regarding the delivery of the Program;
    2. The Administrator Payment the Administrator will receive;
    3. Service standards, if any, the Administrator will be required to meet;
    4. Reporting and audit requirements;
    5. Provisions for corrective action to address any events of default by the Administrator; and
    6. Anything else the Program Administrator believes is prudent for the successful delivery of the Program.

    (3) The Program Administrator will not make an Administrative Payment or allow an Administrative Payment to be made to the Administrator unless the Administrator is in compliance with the terms and conditions of this Order and the Administrator Agreement.

Exercise of Administrative Powers

  1. The Program Administrator and the Program Operator have all necessary and plenary authority to administer the Program.

Guidelines

  1. (1) The Program Operator 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 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 Program Operator's general administrative authority set out under sections 10(1) and 13(1) of this Order, the Program Administrator's authority to create or cause to be created Guidelines for the Program includes the authority to set out, or cause to be set out, the Program's requirements, terms and conditions in the Guidelines in relation to:

    1. Setting out the forms to be used for the Component in the Guidelines;
    2. Setting out administrative deadlines for the Program in the Guidelines;
    3. Establishing all Program Payment data information to determine the calculations of a Program Payment for a Component in the Guidelines;
    4. Setting out the Coverage Levels for a Component in the Guidelines;
    5. Establishing the requirements, terms and conditions for the payment of any Premiums that have to be paid under a Component in the Guidelines, including:
      1. Any maximum or minimum Premiums that must be paid, and
      2. The date in which the Premiums will be paid to the Program Operator;
    6. Setting out the formula to determine the Cost of Production for each Component in the Guidelines;
    7. Setting out the formula to determine the Support Levels for each Component in the Guidelines;
    8. Setting out the formula, including selecting the appropriate market, to determine the applicable Market Prices for each Component in the Guidelines;
    9. Setting out the weight for the various categories established under Parts IX, X, XI, XII and XIII of this Order for each Component in the Guidelines;
    10. Setting out the applicable Reporting Periods, as defined in Parts IX, X, XI, XII and XIII of this Order for each Component in the Guidelines;
    11. Establishing the requirements, terms and conditions for any Program Payments that may be made under a Component in the Guidelines, including:
      1. The methodology in which Program Payments may be calculated,
      2. Caps on any Program Payments,
      3. Minimum Program Payments,
      4. The timing of Program Payments, and
      5. Whether Program Payments can be assigned; and
    12. Setting out whether any Program Payment will be considered an advance on Ontario's forty percent (40%) AgriStability payment in the Guidelines.

    (3) The Program Administrator will:

    1. Post the Guidelines or cause the Guidelines to be posted on the Ministry's website or will require the Guidelines to be posted on a publicly available website; or
    2. Require the Administrator or cause the Administrator to post the Guidelines on the Administrator's website.

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

    (5) The Program Administrator may amend or cause to be amended the Guidelines or require the Administrator to amend or cause the Administrator to amend the Guidelines. Where the Guidelines are amended, the following will apply:

    1. The amended Guidelines will:
      1. Be posted on the Ministry's website or on another publicly available website, or
      2. Be posted on the Administrator's website; and
    2. Any changes to the Guidelines will not have a retroactive effect.

Part V – General Eligibility Requirements And Loss Of Eligibility

Eligibility Requirements

  1. (1) No Farmer will be considered to be eligible to participate in a Component of this Program unless that Farmer meets all of the eligibility requirements set out in this Part V of the Order as well as any additional eligibility requirements for the Component in which the application relates, as set out under Parts IX, X, XI, XII or XIII of this Order.

    (2) A Farmer will meet, at a minimum, the following eligibility requirements to participate in the Program:

    1. Be a Person;
    2. Apply to the Component using an approved application form;
    3. Submit a completed application form for the Component by the applicable deadline set out in the applicable Guideline;
    4. Provide:
      1. Its CRA BN, or
      2. Its SIN if the Farmer is not eligible to receive a CRA BN and the Applicant is eligible to receive a Program Payment prior to receiving the Program Payment;
    5. Have a valid Premises ID;
    6. Have:
      1. A valid FBRN, or
      2. An exemption to having a FBRN issued pursuant to the Farm Registration and Farm Organizations Funding Act, 1993;
    7. Enrol all eligible commodities the Farmer producers for each Category of a Component the Farmer applies to under the Program, as set out in the applicable Guideline, for that Category of that Component;
    8. Pay the Premium, as determined by the applicable Guideline, by the deadline set out in applicable Guideline;
    9. Not enrol the eligible commodity or eligible production more than once in a Component for the Program Year;
    10. Provide information to the Program Operator or the Administrator by the dates set out in the applicable Guideline or as requested;
    11. Agree to be bound by the requirements, terms and conditions of the Component, as set out in this Order and the applicable Guideline;
    12. Has not lost its eligibility to participate in the Component pursuant to sections 15, 16, 17, or 18 of this Order; and
    13. Is in material compliance with, agreement to remain in material compliance with, as well as remains in material compliance with all Requirements Of Law.

Loss Of Eligibility

  1. A Farmer/Participant/Recipient that willfully provides false or misleading information under the Program:
    1. May have their eligibility to participate in the Program revoked for the remainder of that Program Year and may lose their eligibility to participate in the Program for up to an additional two (2) Program Years thereafter; and
    2. Will repay any Program Payments received under the Program.
  2. A Farmer/Participant/Recipient that provides false or misleading information or is found to have acted in a negligent manner in regards to allowing false or misleading information to be submitted on the Farmer/Participant/Recipient's behalf under the Program:
    1. May have their eligibility to continue to participate in the Program revoked for the remainder of that Program Year and may lose their eligibility to participate in the Program for up to the next Program Year; and
    2. Will repay any Program Payment received under the Program.
  3. (1) A Farmer/Participant/Recipient that is abusive toward any staff responsible for delivering the Program will receive one written warning from the Program Operator. If the Farmer/Participant/Recipient continues with his/her/its/their abusive behaviour, the Farmer/Participant/Recipient:
    1. May have their eligibility to participate in the Program revoked fro the remainder of the Program Year; and
    2. May lose their eligibility to participate in the Program for the next full Program Year.

    (2) In the event the Farmer/Participant/Recipient has been found to be ineligible to participate in the Program pursuant to section 17(1) of this Order and that Farmer/Participant/Recipient is abusive toward any staff responsible for delivering the Program after being allowed to participate in the Program again, the Farmer/Participant/Recipient may lose their eligibility to participate in the Program while this Order is in effect.

  4. A Farmer/Participant may be found to be ineligible to participate in the Program where that Farmer/Participant:
    1. Owes a debt to Ontario and is not in a repayment plan with Ontario, including an agent of Ontario; or
    2. Is not I compliance with any repayment plan the Farmer/Participant has with Ontario, including an agent of Ontario.

Part VI – Internal Reconsiderations And Requests For Review To The Business Risk Management Review Committee For The Risk Management Program

Internal Reconsideration

  1. (1) An internal reconsideration process allowing a Farmer or Participant to ask for a decision made pursuant to the Farmer or Participant be reconsidered may be established.

    (2) Where an internal reconsideration process is established pursuant to section 19(1) of this Order, the following will be followed:

    1. A guidance document setting out how the internal reconsideration process operates will be established and made publicly available;
    2. Timelines in which a decision under the internal reconsideration process will be issued will be set out and followed; and
    3. Farmers or Participants will be informed the Farmer or the Participant, as the case may be, is not required to have an original decision internally reconsidered.

    (3) No request for an internal reconsideration will be made ninety (90) days after the initial decision was made.

Request For Review To The Business Risk Management Review Committee

General
  1. This Program is a program in which the BRMRC may hear Reviews pursuant to the OIC.
  2. Where a Farmer 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 Farmer 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 an internal reconsideration of the initial decision was made.
  3. Despite the time in which a request for Review is to be made under section 21 of this Order, the Chair of the BRMRC may extend the time in which a Farmer or Participant may request a Review be undertaken by the BRMRC if the Chair is satisfied extenuating circumstances prevented the Farmer or Participant from making the request for Review within the time limit set out under section 21 of this Order.

Processing Reviews And Business Risk Management Review Committee Recommendations

  1. The BRMRC may conduct a Review of the initial decision or the internal reconsidered decision in writing or in person.
  2. Where a Farmer or Participant requests a Review pursuant to section 21 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 Farmer or Participant intends to rely upon during the Review; and
    5. Set out whether the Farmer or Participant wants the BRMRC to conduct the Review in writing or in person.
  3. Subject to sections 26, 27 and 28 of this Order, the BRMRC will conduct the Review in accordance with the rules the BRMRC established for Reviews made under the Program pursuant to the OIC.
  4. 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.
  5. The Review conducted by the BRMRC is strictly limited to what the Farmer or Participant requested be reviewed during the Review. The BRMRC will not consider any other issue not specifically raised in the Review package it received from the Chair.
  6. The BRMRC will provide a written copy of the BRMRC's recommendations to the:
    1. Farmer or the Participant; and
    2. The person making the initial decision or the internally reconsidered decision.

Final Decision

  1. 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 BRMRC's recommendation pursuant to section 28 of this Order.
  2. The final decision is strictly limited to what the Farmer or Participant requested be reviewed during the Review. The person 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 26 of this Order.
  3. 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 from the BRMRC pursuant to section 26 of this Order. The individual responsible for making the final decision will also provide a written copy of the final decision to:
    1. The Farmer 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.

Part VII – Collection, Use And Disclosure Of Information And Audits Under The Risk Management Program

Collection, Use And Disclosure Of Information

  1. Farmers/Participants/Recipients will consent to the collection of any information the Program Operator is of the opinion is reasonably necessary for the administration of the Program. This includes personal information within the meaning of the Freedom of Information and Protection of Privacy Act.
  2. Farmers/Participants/Recipients will consent to the use and disclosure of any information that is collected pursuant to section 32 of this Order, for the purposes of
    1. Verifying any information that has been provided;
    2. Confirming the Recipient paid taxes on any Program Payments the Recipient received under the Program;
    3. Conducting audits;
    4. Enforcing the terms and conditions of the Program; and
    5. Collecting any debts a Recipient may owe in relation to the Program.
  3. Applications for the Program will contain a notice of collection of information and require the Applicant or the Participant to indicate the Applicant or Participant 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 33 of this Order.

Audits

  1. Farmers/Participants/Recipients will provide any information that is requested by the Program Operator or an Administrator, as the case may be, within ten (10) Business Days of the request unless more time has been provided in the request.
  2. A Recipient will retain all records relating to any Program Payments under the Program for a period of at least seven (7) years from the date in which the Program Payment was received.
  3. Farmers/Participants/Recipients will consent to any audits that may be conducted in relation to the Program.
  4. Farmers/Participants/Recipients will provide reasonable assistance during any audit by the Program Operator or an Administrator, as the case may be. This includes allowing access to any person, place or thing required for auditing purposes within ten (10) Business Days of the request being made unless more time has been provided in the request.
  5. Farmers/Participants/Recipients will authorize the Program Operator or an Administrator, as the case may be, to obtain information from any government department/ministry, agency or third party for the purposes of verifying any information that the Farmer/Participant/Recipient provided as well as for the enforcement of the terms and conditions of the Program.
  6. Farmers/Participants/Recipients will consent to the use and disclosure of any information the Program Operator or an Administrator, as the case may be, may have collected to any government department/ministry, agency or third party for the purposes of verifying any information the Farmer/Participant/Recipient provided as well as for the enforcement of the terms and conditions of the Program.
  7. (1) A Participant in the Program participating as a sole proprietor, a partner within a partnership or a member of an unincorporated association authorizes the Program Operator or an Administrator, as the case may be, to collect and use that Participant's SIN where that Participant does not have a CRA BN and that Participant is eligible to receive a Payment under the Program.

    (2) Where the Program Operator or an Administrator, as the case may be, collects a Participant's SIN under the Program, the Program Operator or the Administrator, as the case may be, will only use that Participant's SIN for the purposes set out under section 33 of this Order.

    (3) Where a Participant's SIN is collected, that Participant consents to the Program Operator or an Administrator, as the case may be, disclosing that Participant's SIN to any government department/ministry, agency or third party for the purposes set out under section 33 of this Order.

  8. Applications for the Program will contain a notice about the audit rights under the Program and require the Farmer to indicate its consents to having audits conducted, if required.

Part VIII – General Program Operations

  1. Participation in this Program does not create any legal or other right to any Program Payment under this Program.
  2. Program Payments made under this Program may be pro-rated.
  3. Program Payments made under this Program will be considered as income for tax purposes.
  4. A Participant will not assign any Program Payments to a third-party or use the Funds for any type of security purposes.

Part IX – The Risk Management Program: Cattle

Definitions

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

    "Cattle" means a bovine of a beef-type breed whose main characteristic is meat that is produced in Ontario for a minimum of 120 calendar days and includes calves, steers and heifers;

    "Cattle Program Category" includes one or more of the following:

    1. Cow Calf Category – Cattle weighing an amount between the weight requirements set out in the Guidelines,
    2. Backgrounder Category – Cattle weighing an amount between the weight requirements set out in the Guidelines, and
    3. Feedlot Category – Cattle weighing an amount between the weight requirements set out in the Guidelines;

    "Guidelines" means the Ontario Risk Management Program For Cattle Guidelines, as made available on or through the Ministry's website;

    "Minimum Ownership Period" means the minimum period of one hundred and twenty (120) calendar days Cattle must be owned by the Participant and located in Ontario; and

    "Support Level" means the Cost of Production for Cattle within a Cattle Program for the Program Year multiplied by the Participant's chosen Coverage Level for the Program Year.

Eligibility Requirements

  1. (1) No Farmer will be eligible to participate in this Component of the Program unless that Farmer meets all of the requirements set out under section 14(2) of this Order and section 48(2) of this Order.

    (2) The Farmer will meet the following eligibility requirements to participate in this Component of the Program:

    1. The Farmer must:
      1. Own and produce the Cattle in Ontario for the Minimum Ownership Period, or
      2. Be a member of a feeder cattle co-operative approved under the Ontario Feeder Cattle Loan Guarantee Program, or any successor program, that owns and produces the Cattle in Ontario for the Minimum Ownership Period; and
    2. The Cattle must fall within a Cattle Program Category;

    (3) Breeding stock will not be eligible for payment under the Backgrounder or Feedlot categories of the Cattle Program Category.

    (4) Cattle over the age of thirty (30) months will not be eligible for a Program Payment.

Payment Of Premiums

  1. (1) Premiums for the Program Year will be calculated in accordance with the Guidelines.

    (2) Participants will pay the applicable Premium in accordance with the Guidelines.

    (3) Notwithstanding anything else contained in this Part IX of the Order or the Guidelines, Participants will pay any Premium payable prior to receiving any Program Payment under this Component.

Cost Of Production

  1. The Cost Of Production for Cattle within each Cattle Program Category will be calculated in accordance with the Guidelines.

Market Price

  1. The calculation for the determining the Historical Market Price and the Market Price for Cattle within each Cattle Program Category will be in accordance with the data collection frequency, data sources and methodologies set out in the Guidelines.

Program Payments And Adjustments

  1. (1) The Program Operator will be responsible for calculating or causing the calculation of Program Payments in accordance with this section 52 of this Order and the Guidelines.

    (2) Program Payments under this Component will be calculated using the production information the Participant provides at the required Reporting Period and in accordance with the calculation schedule set out in the Guidelines. For greater certainty, this calculation will not include any costs related to the production of Cattle outside of Ontario nor will it include any weight gain that occurred outside of Ontario.

    (3) Program Payments under this Component will be based upon the following:

    1. The difference between the Support Level and the Market Price for the applicable Cattle Program, as determined in the Guidelines;
    2. One of the following, depending on the Cattle being sold and the appropriate Cattle Program Category:
      1. The number of Cattle sold under the Cow Calf Category or
      2. The total eligible weight gain for Cattle sold under the Background Category or
      3. The total eligible weight gain for Cattle sold under the Feedlot Category multiplied by
    3. Ontario's forty percent (40%) multiplication factor to reflect Ontario's traditional forty percent (40%) share of agricultural business risk management program payouts.

    (4) The Guidelines will set out the manner in which Cattle falling outside of the eligible weight range will be treated in terms of calculating any Program Payment.

    (5) Program Payments will be made in accordance with the Guidelines.

    (6) Partners operating under a partnership will enrol separately under this Component and will be treated in the following manner:

    1. Each partner must be eligible to participate in the Component based on that partner's own merits; and
    2. Any Program Payment the partner may be eligible to receive will be based on that partner's ownership interest in the Cattle.

    (7) Program Payments under this Component will be capped at forty percent (40%) of the maximum payment amount under AgriStability.

Part X – The Risk Management Program: Grain And Oilseeds

Definitions

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

    "Average Farm Yield" means a Participant's historical average crop yield as calculated pursuant to the methodology described in the Operation Document related to the Federal-Provincial-Territorial AgriInsurance Agreement, as amended;

    "Grain and Oilseed Program Crops" means the list of crops that may be enrolled under this Component, as set out in the Guidelines;

    "Guidelines" means the Ontario Risk Management Program for Grain and Oilseed Guidelines, as made available on or through the Ministry's website; and

    "Support Level" means the Cost of Production for a Grain and Oilseed Crop for the Crop Year multiplied by the Participant's chosen Coverage Level for the Program Year.

Eligibility Criteria

  1. (1) No Farmer will be eligible to participate in this Component of the Program unless that Farmer meets all of the requirements set out under section 14(2) of this Order as well as produces at least one Grain and Oilseeds Crop in Ontario.

Payment Of Premiums

  1. (1) Premiums for the Program Year will be calculated in accordance with the Guidelines.

    (2) Participants will pay the applicable Premium in accordance with the Guidelines.

    (3) Notwithstanding anything else contained in this Part X of the Order or the Guidelines, Participants will pay any Premium payable prior to receiving any Program Payment under this Component.

Cost Of Production

  1. The Cost Of Production for Grain and Oilseed Crops will be calculated in accordance with the Guidelines.

Market Price

  1. The calculation for the determining the Historical Market Price and the Market Price for Grain and Oilseed Crops will be in accordance with the data collection frequency, data sources and methodologies set out in the Guidelines.

Program Payments And Adjustments

  1. (1) The Program Operator will be responsible for calculating or causing the calculation of Program Payments in accordance with this section 58 of this Order and the Guidelines.

    (2) Program Payments under this Component will be calculated using the production information the Participant provides at the required Reporting Period and in accordance with the calculation schedule set out in the Guidelines.

    (3) Program Payments under this Component will be based upon the following:

    1. The Participant's Average Farm Yield multiplied by
    2. The difference between the Support Level and the Market Price for the applicable Grain and Oilseed Crop, as determined in the Guidelines multiplied by
    3. The Participant's acreage of the Grain and Oilseed Crop multiplied by
    4. Ontario's forty percent (40%) multiplication factor to reflect Ontario's traditional forty percent (40%) share of agricultural business risk management program payouts divided by
    5. The number of payments a Participant is eligible to receive under the Guidelines per Program Year.

    (4) Program Payments will be paid in accordance with the Guidelines.

    (5) Partners operating under a partnership will enrol separately under this Component and will be treated in the following manner:

    1. Each partner must be eligible to participate in the Component based on that partner's own merits; and
    2. Any Program Payment the partner may be eligible to receive will be based on that partner's ownership interest in the Grain and Oilseed Crop.

    (6) Program Payments under this Component will be capped at forty percent (40%) of the maximum payment amount under AgriStability.

Part XI – The Risk Management Program: Hogs

Definitions

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

    "Early Wean" means a Hog that weighs less than the amount set out in the Guidelines;

    "Eligible Production" means the weight gain of Grower/Finishers and head of Early Weaners and Feeders attributable to the Hogs sold by the Participant;

    "Farrow" means the production of a litter of Hogs by a sow;

    "Feeder" means a Hog that is not yet raised to slaughter weight but weighs an amount that is within the weight requirements set out in the Guidelines;

    "Grower/Finisher" means a Hog that weighs an amount that is within the weight requirements set out in the Guidelines that is kept for slaughter;

    "Guidelines" means the Ontario Risk Management Program for Hog Guidelines, as made available on or through the Ministry's website;

    "Hog" means a domesticated pig raised for meat production;

    "Hog Program Category" means

    1. Early Wean Category – Hogs weighing less than the amount set out in the Guidelines,
    2. Feeder Category – Hogs weighing an amount within the weight requirements set out in the Guidelines, and
    3. Grower/Finisher Category – Hogs weighing an amount within the weight requirements set out in the Guidelines;

    "Live Weight" means the actual weight of a Hog that has not been slaughtered;

    "Minimum Eligible Weight" means the minimum weight for a Grower/Finisher, as set out in the Guidelines;

    "Minimum Ownership Period" means the following:

    1. Early Wean – A minimum of fifteen (15) days,
    2. Feeder – A minimum of thirty-five (35) days, and
    3. Grower/Finisher – A minimum of seventy (70) days,

    which is the minimum length of time per category a Participant must own the Hog and that Hog is located in Ontario; and

    "Support Level" means the Cost of Production for Hogs within a Hog Program Category for the week multiplied by the Participant's chosen Coverage Level for the Program Year.

Eligibility Criteria

  1. (1) No Farmer will be eligible to participate in this Component of the Program unless that Farmer meets all of the requirements set out under section 14(2) of this Order and section 60(2) of this Order.

    (2) The Farmer will meet the following eligibility requirements to participate in this Component of the Program:

    1. The Farmer must own and produce the Hogs in Ontario for the Minimum Ownership Period; and
    2. The Hogs must fall within the Hog Program Category.

Payment Of Premiums

  1. (1) Premiums for the Program Year will be calculated in accordance with the Guidelines.

    (2) Participants will pay the applicable Premium in accordance with the Guidelines.

    (3) Notwithstanding anything else contained in this Part XI of the Order or the Guidelines, Participants will pay any Premium payable prior to receiving any Program Payment under this Component.

Cost Of Production

  1. The Cost Of Production for Hogs within the Hog Program Category will be calculated in accordance with the Guidelines.

Market Price

  1. The calculation for the determining the Historical Market Price and the Market Price for Hogs within the Hog Program Category will be in accordance with the data collection frequency, data sources and methodologies set out in the Guidelines.

Program Payments And Adjustments

  1. (1) The Program Operator will be responsible for calculating or causing the calculation of Program Payments in accordance with this section 64 of this Order and the Guidelines.

    (2) Program Payments under this Component will be calculated using the production information the Participant provides at the required Reporting Period and in accordance with the calculation schedule set out in the Guidelines. For greater certainty, this calculation will not include any costs related to the production of Hogs outside of Ontario nor will it include any weight gain that occurred outside of Ontario.

    (3) Program Payments under this Component will be based upon the following:

    1. The difference between the Support Level and the Market Price for the applicable Hog Program Category, as determined in the Guidelines multiplied by
    2. One of the following, depending on the Hogs being sold and the appropriate Hog Program Category:
      1. The number of Early Wean sold within the weight range of the Farrow to Early Wean Category or
      2. The number of Feeders sold within the weight range of the Feeder Category or
      3. The total eligible weight gain for all Grower/Finishers which has occurred in the Grower to Finisher Category multiplied by
    3. Ontario's forty percent (40%) multiplication factor to reflect Ontario's traditional forty percent (40%) share of agricultural business risk management program payouts

    (4) No Program Payment will be issued for any weights below the Minimum Eligible Weight for Hogs sold in the Grower/Finisher Category.

    (5) The Guidelines will set out the manner in which Hogs falling outside of the eligible weight range will be treated in terms of calculating any Program Payment.

    (5) Program Payments will be made in accordance with the Guidelines.

    (6) Partners operating under a partnership will enrol separately under this Component and will be treated in the following manner:

    1. Each partner must be eligible to participate in the Component based on that partner's own merits; and
    2. Any Program Payment the partner may be eligible to receive will be based on that partner's ownership interest in the Hogs.

    (7) Program Payments under this Component will be capped at forty percent (40%) of the maximum payment amount under AgriStability.

Part XII – The Risk Management Program: Sheep

Definitions

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

    "Eligible Weight" means the weight range of a Lamb, as set out in the Guidelines;

    "Lamb" means a sheep produced in Ontario within the weight range set out in the Guidelines and is less than one (1) year old;

    "Minimum Ownership Period" meansthe minimum period of thirty (30) days that a Lamb must be owned by the Participant and located in Ontario;

    "Guidelines" means the Ontario Risk Management Program for Sheep Guidelines, as made available on or through the Ministry's website; and

    "Support Level" means the Cost of Production for Lambs for the Program Year multiplied by the Participant's chosen Coverage Level for the Program Year.

Eligibility Criteria

  1. (1) No Farmer will be eligible to participate in this Component of the Program unless that Farmer meets all of the requirements set out under section 14(2) of this Order.

    (2) The following Lambs will not be eligible for the purposes of calculating a Program Payment under this Component:

    1. Lambs that have been bred;
    2. Lambs with a weight outside of the Eligible Weight; and
    3. Lambs that have not been owned and produced in Ontario by the Participant for the Minimum Ownership Period.

Payment Of Premiums

  1. (1) Premiums for the Program Year will be calculated in accordance with the Guidelines.

    (2) Participants will pay the applicable Premium in accordance with the Guidelines.

    (3) Notwithstanding anything else contained in this Part XII of the Order or the Guidelines, Participants will pay any Premium payable prior to receiving any Program Payment under this Component.

Cost Of Production

  1. The Cost Of Production for Sheep within the Sheep Program Category will be calculated in accordance with the Guidelines.

Market Price

  1. The calculation for the determining the Historical Market Price and the Market Price for Sheep within the Sheep Program Category will be in accordance with the data collection frequency, data sources and methodologies set out in the Guidelines.

Program Payments And Adjustments

  1. (1) The Program Operator will be responsible for calculating or causing the calculation of Program Payments in accordance with this section 70 of this Order and the Guidelines.

    (2) Program Payments under this Component will be calculated using the production information the Participant provides at the required Reporting Period and in accordance with the calculation schedule set out in the Guidelines. For greater certainty, this calculation will not include any costs related to the production of Lambs outside of Ontario nor will it include any weight gain that occurred outside of Ontario.

    (3) Program Payments under this Component will be based upon the following:

    1. The difference between the Support Level and the Market Price for Lambs, as determined in the Guidelines multiplied by
    2. The total pounds of weight gain sold within the Eligible Weight multiplied by
    3. Ontario's forty percent (40%) multiplication factor to reflect Ontario's traditional forty percent (40%) share of agricultural business risk management program payouts

    (4) The Guidelines will set out the manner in which Lambs falling outside of the eligible weight range will be treated in terms of calculating any Program Payment.

    (5) Program Payments will be made in accordance with the Guidelines.

    (6) Partners operating under a partnership will enrol separately under this Component and will be treated in the following manner:

    1. Each partner must be eligible to participate in the Component based on that partner's own merits; and
    2. Any Program Payment the partner may be eligible to receive will be based on that partner's ownership interest in the Lambs.

    (7) Program Payments under this Component will be capped at forty percent (40%) of the maximum payment amount under AgriStability.

Part XIII – The Risk Management Program: Veal

Definitions

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

    "Guidelines" means the Ontario Risk Management Program for Veal Guidelines, as posted on the Ministry's website;

    "Support Level" means the Cost of Production for Veal Calves within a Veal Program Category for the Program Year multiplied by the Participant's chosen Coverage Level chosen for the Program Year;

    "Minimum Eligible Weight" means the minimum weight for a Veal Calf, as set out in the Guidelines;

    "Minimum Ownership Period" meansthe minimum of ninety (90) calendar days that a Veal Calf must be owned by the Participant and located in Ontario;

    "Veal Calf" means an Ontario produced:

    1. Grain-fed bovine weighing within the weight range for this category set out in the Guidelines, and
    2. Milk-fed bovine weighing within the weight range for this category set out in the Guidelines;

    "Veal Program Category" means either the Grain-Fed or Milk Fed program categories:

    1. Grain-Fed Category – Veal Calves weighing an amount within the weight requirements set out in the Guidelines,
    2. Milk-Fed Category – Veal Calves weighing an amount within the weight requirements set out in the Guidelines, and
    3. Does not include any Cattle under any of the categories of the Cattle Program Category, as set out under Part IX of this Order.

Eligibility Criteria

  1. (1) No Farmer will be eligible to participate in this Component of the Program unless that Farmer meets all of the requirements set out under section 14(2) of this Order and section 72(2) of this Order.

    (2) The Farmer will meet the following eligibility requirements to participate in this Component of the Program:

    1. The Farmer must own and produce the Veal Calf in Ontario for the Minimum Ownership Period; and
    2. The Veal Calf must fall within the Veal Calf Program Category.

Payment Of Premiums

  1. (1) Premiums for the Program Year will be calculated in accordance with the Guidelines.

    (2) Participants will pay the applicable Premium in accordance with the Guidelines.

    (3) Notwithstanding anything else contained in this Part XIII of the Order or the Guidelines, Participants will pay any Premium payable prior to receiving any Program Payment under this Component.

Cost Of Production

  1. The Cost Of Production for Veal Calf within the Veal Calf Program Category will be calculated in accordance with the Guidelines.

Market Price

  1. The calculation for the determining the Historical Market Price and the Market Price for Veal Calf within the Veal Calf Program Category will be in accordance with the data collection frequency, data sources and methodologies set out in the Guidelines.

Program Payments And Adjustments

  1. (1) The Program Operator will be responsible for calculating or causing the calculation of Program Payments in accordance with this section 76 of this Order and the Guidelines.

    (2) Program Payments under this Component will be calculated using the production information the Participant provides at the required Reporting Period and in accordance with the calculation schedule set out in the Guidelines. For greater certainty, this calculation will not include any costs related to the production of a Veal Calf outside of Ontario nor will it include any weight gain that occurred outside of Ontario.

    (3) Program Payments under this Component will be based upon the following:

    1. The difference between the Support Level and the Market Price for the applicable Veal Program Category, as determined in the Guidelines multiplied by
    2. The number of Veal Calf sold within the weight range of the Veal Program Category multiplied by
    3. Ontario's forty percent (40%) multiplication factor to reflect Ontario's traditional forty percent (40%) share of agricultural business risk management program payouts

    (4) The Guidelines will set out the manner in which Veal Calf falling outside of the eligible weight range will be treated in terms of calculating any Program Payment.

    (5) Program Payments will be made in accordance with the Guidelines.

    (6) Partners operating under a partnership will enrol separately under this Component and will be treated in the following manner:

    1. Each partner must be eligible to participate in the Component based on that partner's own merits; and
    2. Any Program Payment the partner may be eligible to receive will be based on that partner's ownership interest in the Veal Calf.

    (7) Program Payments under this Component will be capped at forty percent (40%) of the maximum payment amount under AgriStability.

Part XIV – Collection Of Debts

  1. The Program Operator will collect or cause to be collected any debts arising under the Program in a timely manner.
  2. Any Program Payment a Person may be eligible to receive under the Program may be set off against any existing debt the Person owes to Ontario.
  3. The termination of the Program will not, in any way, affect the obligation of a Recipient to repay any outstanding amounts owing under the Program.
  4. Any right of set-off provided under this Order is in additional to any other remedies Ontario may have at law, in equity or otherwise to recover any debt that a Recipient may owe to Ontario as a result of that Recipient receiving a Program Payment, through administrative error or otherwise, under the Program that that Recipient was not otherwise eligible to receive.

Part XV – General

  1. Funding for this Program is being provided in connection with a social and economic policy and this Program is considered to be a social or economic program.

Part XVI – transition From Previous Order To This Order

  1. (1) Any claims for payments made or requests for Review started prior to April 12, 2019 will be governed by the Previous Order and the BRMRC review process set out under the OIC.

    (2) Subject to section 82(1) of this Order, the Previous Order, including all amendments thereto, is revoked on April 12, 2019.

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


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