Minister's Order: Ontario Wildlife Damage Compensation Program [0003/2019]

Whereas the program known as the Ontario Wildlife Damage Compensation Program was established on July 1, 2011 by Order-In-Council 1313/2011, continued by Order-In-Council 502/2016 and amended by Minister's Order 0010/2018 for the encouragement of agriculture and food within Ontario;

And whereas section 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act provides that a program established by the Lieutenant Governor in Council under section 7 of that Act before March 22, 2017 and that is still in effect on that day, is deemed, on and after that day, to be a program established by the Minister under section 6.2 of that Act;

And whereas the Ontario Wildlife Damage Compensation Program, meets the criteria set out under section 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act and is deemed to be a program established by the Minister under section 6.2 of that Act;

And whereas sections 49 and 54 of the Legislation Act, 2006 has the effect of providing the Minister with the power to amend, revoke or replace from time to time an order establishing a program under section 6.2 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas I, the Minister of Agriculture, Food and Rural Affairs, wish to make amendments to the Ontario Wildlife Damage Compensation Program.

Now therefore, and pursuant to my authority under sections 6.2 and 7(8) of the Ministry of Agriculture, Food and Rural Affairs Act and sections 49 and 54 of the Legislation Act, 2006, I hereby order the following:

Part 1 – Interpretation

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

  • "OIC" means Order-In-Council 502/2016;
  • "Order" means this Minister's Order, number 0003/2019;

2. The following definitions are added to section 2 of the OIC in their proper alphabetical order:

  • "BRMRC" means the Business Risk Management Review Committee, as continued by Order-In-Council 1460/2018.
  • "Premium" means an adjustment to the amount of compensation that may be paid under the Program for Livestock based on characteristics to reflect the fair market value, as designated by the Minister in the Guidelines.

3. Any capitalized term not defined within this Order shall have the same meaning as set out under the OIC.

Part 2 – Program Administration

4. Section 11(1)(h) of the OIC is revoked and replaced with:

  1. Setting out the process for determining the fair market value, including Premiums, of Livestock, Poultry, Bee Colonies, Beehives and Beehive Related Equipment in the Guidelines;

5. Section 11(1)(n) of the OIC is revoked and replaced with:

  1. Appointing one or more Directors for the purpose of considering appeals under the Program

Part 3 – Appeals

6. Part IX of the OIC is revoked and replaced with:

Part IX – Appeal

20. (1) The Program is designated as a program in which the BRMRC may conduct reviews in writing pursuant to Order-In-Council 1460/2018.

(2) A specialized roster of the BRMRC is established to conduct reviews under the Program.

(3) To be eligible to sit on the specialized roster of the BRMRC, an individual shall meet the following criteria:

  1. A knowledge of Livestock, Poultry or Bee Colonies and Beehives;
  2. A knowledge of predation on Livestock, Poultry or Bee Colonies by Wildlife; and
  3. The ability to formulate impartial and fair decisions using sound judgement.

20.1 (1) Where an Applicant is not satisfied with the Administrator's decision under section 19(1)(a), the Applicant may appeal to the Director under the following conditions:

  1. The Applicant requests the appeal within twenty (20) Business Days of the date of the Administrator's decision letter under section 19(3) by serving the Director in writing;
  2. The Applicant indicates that he or she is appealing the Administrator's decision on one or more of the following grounds:
    1. The Administrator incorrectly determined that the Livestock, Poultry, Bee Colonies, Beehives or Beehive Related Equipment was not Injured, killed, Damaged or destroyed by Wildlife;
    2. The Administrator incorrectly determined that the owner of Livestock, Poultry, Bee Colonies, Beehives or Beehive Related Equipment did not take reasonable care to prevent Injury, death, Damage or destruction by Wildlife; and
    3. The Administrator failed to apply a Premium that was available to the Livestock that was Injured or killed by Wildlife.
  3. The Applicant deposits a fee of twenty-five dollars ($25.00) that shall only be returnable if the Director deems the appeal to be ineligible under section 20.1(3) or the Director makes a decision in the appeal that favours the Applicant.

(2) Upon receipt of a request for review, the Director shall determine if the Applicant has met the conditions under section 20.1(1) within five (5) Business Days. The decision of the Director is final.

(3) If the Director determines the Applicant's request for appeal is ineligible, the Director shall notify the Applicant within five (5) Business Days of making the decision under section 20.1(2).

(4) If the Director determines the Applicant's request for appeal is eligible, the Director will forward the request for appeal to:

  1. A member of the specialized roster of the BRMRC established to conduct reviews under the Program; and
  2. The Chair of the BRMRC

within three (3) Business Days of making the decision under section 20.1(2).

(5) The review conducted by the BRMRC shall be limited to the grounds for the appeal that the Applicant identified in his or her request under section 20.1(1).

(6) The BRMRC shall provide a copy of its recommendation to:

  1. The Director; and
  2. The Administrator

within seven (7) Business Days of receiving the request from the Director under section 20.1(4).

(7) Where the Director concludes that he or she disagrees with the recommendation of the BRMRC, the Director shall provide reasons to the BRMRC and afford the BRMRC one opportunity to reconsider. The BRMRC shall either affirm or amend the recommendation within seven (7) Business Days of receiving the request for reconsideration from the Director.

(8) Subject to section 20.1(7), the Director shall make a decision on the appeal within fifteen (15) Business Days of receiving the recommendation from the BRMRC.

(9) The Director's decision on the appeal shall consider the recommendation and, if applicable, reconsideration of the BRMRC and be limited to the grounds for the appeal that the Applicant identified in his or her request under section 20.1(1).

(10) The Director shall provide a copy of his or her decision, together with a copy of the BRMRC recommendation and, if applicable, a reconsideration made under section 20.1(7), to the Applicant within three (3) Business Days of making the decision pursuant to section 20.1(8).

(11) The Director shall further provide a copy of his or her decision to:

  1. The BRMRC; and
  2. The Administrator

within three (3) Business Days of making the decision pursuant to section 20.1(8).

Part 4 – General

7. The following section is added to Part XII of the OIC:

  1. The Administrator or Director may extend a deadline contained in this OIC if he or she determines that there is a compelling reason to do so. An Applicant shall be notified if a deadline related to his or her application is extended by more than five (5) Business Days.

Part 5 – Commencement and Transition

8. This Order comes into effect on February 1, 2019.

9. Any Claims arising on or after February 1, 2019, shall be governed by the OIC as amended by this Order.

10. Despite section 8, a Claim arising prior to February 1, 2019, shall be governed by the OIC as it read immediately before this Order came into force.

11. For greater clarity, a Claim will arise when the owner of Livestock, Poultry, Bee Colonies, Beehives or Beehive Related Equipment discovers his or her Livestock, Poultry, Bee Colonies, Beehives or Beehive Related Equipment has been Injured, killed, Damaged or destroyed and to the best of the owner's knowledge and belief such Injury, death, Damage or destruction was caused by Wildlife.

Original signed by

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

Executed on this 29 day of January, 2019.


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