Minister's Order: Ontario Self-Directed Risk Management Program [0004/2019]

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 Business Risk Management Review Committee 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 subsequent 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

Ontario Self-Directed 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 words 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 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;

    "ANS" means allowable net sales;

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

    "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 issues to the Person pursuant to the Income Tax Act (Canada);

    "Deposit Notice" means a notice sent to a Participant by the Program Operator or the Administrator, as the case may be;

    "Eligible Commodity" means a commodity set out in the Guidelines and which is produced and harvested in Ontario;

    "Farmer" means a Person who producers an Eligible Commodity 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;

    "Funds" includes a Participant's Matchable Deposit and the Matching Deposit that is being held in the name of the Participant by the Program Administrator;

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

    "Matchable Deposit" means deposits made in accordance with the terms and conditions of this Program by a Participant up to an established maximum based on a percentage of the Participant's ANS;

    "Matching Deposit" means the matching payment made by the Program Administrator in accordance with the terms and conditions of the Program after the Participant has made a Matchable Deposit;

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

    "OIC" means Order-in-Council 1460/2018, made pursuant to the Royal Prerogative, which continued 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 0004/2019, as it may be amended from time to time;

    "Participant" means a Person that has been accepted to participate under 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 previously known as Order-in-Council 1311/2011, which established the Program, as amended by Order-in-Council 1944/2012;

    "Program" means the Ontario Self-Directed Risk Management Program;

    "Program Account" means an account established in the name of a Participant under the Program in which the Participant's Matchable Deposit and the Matching Deposit are deposited into;

    "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, and for greater certainty, includes the Matching Deposit;

    "Program Year" means April 1 of one calendar year to March 31 of the next calendar year;

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

    "Requirements Of Law" means all applicable statutes, 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 reconsidered decision, as the case may be by the BRMRC.

    "Self-Declared Risk" means a risk the Participant feels may affect the viability of the Participant's business and includes a reduction in income or an identified need to invest in risk management tools for the business; and

    "SIN" means Social Insurance Number.

Purpose Of The Ontario Self-Directed Risk Management Program

  1. The purpose of the Program is to assist Participants to risk manage their business, by addressing Self-Declared Risks, through the provision of Ontario's forty percent (40%) of agricultural business risk management program payments.

Part II – Term Of The Ontario Self-Directed 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 Ontario Self-directed 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 Ontario Self-Directed 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 Ontario Risk Management Program, as continued under Minister's Order 0004/2019, 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 Operator'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 Program in the Guidelines;
    2. Setting out administrative deadlines for the Program in the Guidelines;
    3. Setting out the minimum ANS required to receive a Deposit Notice under the Program in the Guidelines;
    4. Setting the minimum Matchable Deposit in a Program Year in the Guidelines;
    5. Setting out the percentage of the Matchable Deposit that will be paid via the Matching Deposit in the Guidelines;
    6. Establishing caps on Matchable Deposits and Matching Deposits under the Program in the Guidelines;
    7. Setting out the grounds in which a Participant may make withdrawals from the Participant's Program Account in the Guidelines;
    8. Setting out the minimum amount of Funds a Participant can withdrawal from the Participant's Program Account in the Guidelines; and
    9. Determining whether any Program Payment under the Program will be considered an advance on Ontario's forty percent (40%) AgriStability payment in the Guidelines.

    (3) The Program Operator 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 Operator 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 – Operation Of The Ontario Self-Directed Risk Management Program

Eligibility Requirements

  1. (1) No Farmer will be considered to be eligible to participate in the Program unless that Farmer meets all of the eligibility requirements set out in 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 Program using an approved application form;
    3. Submit a completed application form for the Program by the applicable deadline set out in the Guidelines;
    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. Produce and market an Eligible Commodity;
    8. Produced the Eligibility Commodity for a minimum of six (6) consecutive months in the taxation year ending no later than three (3) months from the start of the Program Year and no sooner than fifteen (15) months from the start of the Program Year;
    9. Pay the Matchable Deposit by the date indicated in the Guidelines;
    10. Provide information to the Program Operator or the Administrator by the dates set out in the Guidelines or as requested;
    11. Agree to be bound by the requirements, terms and conditions of the Program, as set out in this Order and the Guidelines;
    12. Has not lost its eligibility to participate in the Program 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.

    (3) Partners operating under a partnership will enroll separately under the Program and will be treated in the following manner:

    1. Each partner must be eligible to participate in the Program based on the partner's own merits;
    2. Each partner must have a separate Program Account; and
    3. Each partner's ANS will be calculated based on the partner's percentage share of the partnership in the taxation year ending no later than three (3) months from the start of the Program Year and no sooner than fifteen (15) months from the start of the Program Year.

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 the 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 Payment that was received.
  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 participate in the Program revoked for the remainder of the Program Year and may lose their eligibility to participate in the Program for up to the next full Program Year; and
    2. Will repay any Program Payment that was received.
  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/their abusive behavior, the Farmer/Participant/Recipient:
    1. May have their eligibility to participate in the Program revoked for 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 a Farmer/Participant/Recipient has been found to be ineligible to participate in the Program pursuant to section 17(1) of this Order and has his/her/its/their eligibility restored and is found to be abusive toward any staff responsible for delivering the Program, that Farmer/Participant/Recipient:

    1. May have their eligibility to continue to participate in the Program revoked for the remainder of the Program Year; and
    2. May lose their eligibility to continue 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 in compliance with any repayment plan the Farmer/Participant has with Ontario, including an agent of Ontario.

Program Accounts

  1. (1) The Program Administrator will establish or cause to be established a separate Program Account for each Participant in the Program.

    (2) The Program Administrator will be responsible for, or cause the Administrator to be responsible for, managing and maintaining each Program Account under the Program.

Allowable Net Sales

  1. (1) The ANS will be determined by deducting the total Eligible Commodities purchased from the total Eligible Commodities sold by a Participant in the taxation year ending no later than three (3) months from the start of the Program Year and no sooner than fifteen (15) months from the Program Year.

    (2) The formula for determining a Participant's ANS will be the formula set out in the Guidelines.

    (3) The maximum percentage of ANS eligible to receive a Matching Deposit is the amount set out in the Guidelines

Matchable Deposits

  1. (1) A Participant will not deposit more than the maximum percentage of that Participant's ANS into the Participant's Program Account.

    (2) Participants will only deposit Matchable Deposits into their Program Accounts in accordance with the frequency requirements set out in the Guidelines.

    (3) Participants will meet the minimum ANS requirement, as set out in the Guidelines, to receive a Deposit Notice in a Program Year.

    (4) Participants will meet any Matchable Deposit requirements set out in the Guidelines.

    (5) A Participant's Matchable Deposit will not collect interest while in the Participant's Program Account.

Matching Deposits

  1. (1) The Program Administrator may provide, or may cause to be provided, a Matching Deposit equal to or lesser than a Participant's Matchable Deposit by depositing the Matching Deposit into the Participant's Program Account.

    (2) The percentage of the Matchable Deposit that will be provided in any Program Year will be set out in the Guidelines.

    (3) The process and timelines in which the Matchable Deposit will be provided under the Program will be set out in the Guidelines.

    (4) The Matchable Deposit will not collect interest while in the Participant's Program Account.

Withdrawals

  1. (1) A Participant will submit the appropriate form, as set out in the Guidelines, to the Program Operator or the Administrator, as the case may be, prior to withdrawing any Funds from the Participant's Program Account.

    (2) A Participant will follow the requirements set out in the Guidelines when withdrawing any Funds from the Participant's Program Account.

    (3) Notwithstanding anything else contained in this Order, the Program Operator or the Administrator, as the case may be, will not allow a Participant to withdraw more than the existing balance in the Participant's Program Account.

Inactive Accounts

  1. (1) In the event a Participant does not make a Matchable Deposit into the Participant's Program Account for a period of three (3) years, the Participant will be considered inactive under the Program.

    (2) The Program Operator will close or cause to be closed any Participant's Program Account if the Participant is found to be inactive under the Program pursuant to section 24(1) of this Order.

    (3) The Program Operator will return or cause to be returned all Funds in the Participant's Program Account within one (1) year of closing the Participant's Program Account.

Internal Reconsideration

  1. (1) An internal reconsideration process allowing a Farmer/Participant to ask for a decision made in relation to that Farmer/Participant by the Program Operator, other than a decision made pursuant to sections 15, 16, 17 or 18 of this Order, or by the Administrator, as the case may be, be reconsidered may be established.

    (2) Where an internal reconsideration process is established pursuant to section 25(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/Participants will be informed that the Farmer/Participant is not, as the case may be, required to have the original decision internally reviewed.

    (3) No request for reconsideration may be made after ninety (90) days of when 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 the internal reconsideration of the initial decision was made.
  3. Despite the time in which a request for a Review is to be made under section 27 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 27of this Order.

Processing Reviews And Business Risk Management Review Committee Recommendations

  1. The BRMRC may conduct a Review of the initial decision or reconsidered decision in writing or in person.
  2. Where a Farmer or Participant requests a Review pursuant to section 27 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 ground 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 32 to 34 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 practicable after receiving the Review package.
  5. The Review conducted by the BRMRC is strictly limited to what the Farmer or Participant has requested be reviewed during the Review. The panel of the BRMRC will not consider any other issue not specifically raised in the Review package it received from the Director.
  6. The BRMRC will provide a written copy of the BRMRC's recommendations to the:
    1. Requester; and
    2. Person making the initial decision or the 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 recommendation from the BRMRC pursuant to section 33 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.
  2. The individual responsible for making the final decision will limit his/her final decision is limited to what the Farmer or Participant requested be reviewed by the BRMRC 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 original received pursuant to section 30 of this Order.

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 37 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 38 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 38 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 38 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.

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.

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 VI – 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 VII – Transition From Order-in-Council 1311/2011 To Minister's Order 0004/2019

  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 57(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

Executed on this 10th day of April, 2019.


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