Minister’s Order: Sustainable Canadian Agricultural Partnership Strategic Initiatives
Signed Minister’s Order number 0005/2023.
Whereas the agriculture, agri-food and agri-based products sector provides an important economic and social contribution within Ontario;
And whereas the responsibility for agriculture within Ontario is shared between the C-Crown and the O-Crown and both the C-Crown and the O-Crown have a long history of collaboration in working toward a prosperous agriculture, agri-food and agri-based products sector within Ontario.
And whereas the Sector continues to rise to the climate change challenge, expand new markets and trade while meeting the expectations of consumers and feed Canadians and a growing global population;
And whereas on July 22, 2022, the Ministers responsible for agriculture across Canada endorsed the Sustainable Canadian Agricultural Partnership, which sets out the broad parameters for the Sustainable Canadian Agricultural Partnership Framework, and will replace the Canadian Agricultural Partnership;
And whereas the intent of the SCAPMFA is to strengthen the competitiveness, innovation and resiliency of the agriculture, agri-food and agri-based products sector.
And whereas the O-Crown supports the underlying purposes of the SCAPMFA, as laid out in the Guelph Statement;
And whereas the SCAPMFA consists of two general overarching themes: (1) the business risk management theme, which supports producers in managing environmental and market risks beyond their capacity to manage; and (2) the strategic initiatives theme, which is aimed at promoting more innovative, productive, competitive and sustainable technologies and practices, creating jobs and propelling economic growth and prosperity in the agriculture, agri-food and agri-products sector;
And whereas the Minister signed the SCAPMFA on behalf of the O-Crown on February 2, 2023;
And whereas the SCAPMFA comes into effect on April 1, 2023;
And whereas the Minister signed the SCAPBA on behalf of the O-Crown on March 1, 2023, which deals specifically with the strategic initiative theme of the SCAPMFA;
And whereas the SCAPBA comes into effect on April 1, 2023;
And whereas section 4 of the Ministry of Agriculture, Food and Rural Affairs Act provides the Minister with the authority in relation to the administration of laws relating to agriculture, food and rural affairs and all of their branches;
And whereas section 6.2(1) of the Ministry of Agriculture, Food and Rural Affairs Act provides the Minister with the authority to establish programs for the encouragement of agriculture, food and rural affairs within Ontario;
And whereas I, the Minister, believe that a program should be established to encourage agriculture, food and rural affairs in Ontario;
Now therefore, and pursuant to my authority under sections 4 and 6.2(1) of the Ministry of Agriculture, Food and Rural Affairs Act, the program known as the
Sustainable Canadian Agricultural Partnership Strategic Initiatives program
is hereby established for the encouragement of agriculture, food and rural affairs within Ontario as set out below.
Part I — Interpretation
Part I.1 — Definitions
- For the purposes of this Order, the terms set out in this section 1 of the Order will have the meanings herein, unless the context indicates otherwise.
“Administrator” means a Person responsible for delivering an Initiative on behalf of the O-Crown.
“Administrator Agreement” means a delivery agreement entered between the O-Crown and an Administrator whereby the Administrator agrees to deliver all or a part of an Initiative on behalf of the O-Crown in return for the payment of Administrator Funds.
“Administrator Funds” means the amount of money the O-Crown is willing to pay to an Administrator to deliver an Initiative.
“Applicant” means a Person who has applied to participate under a Designated Program or in an Initiative.
“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.
“Capital Items” means tangible assets acquired through Designated Program Payments or Initiative Payments that have a useful life extending beyond one year, are intended to be used on a continuing basis and are not intended for resale in the ordinary course of business operations.
“C-Crown” means His Majesty the King in Right of Canada and includes any successor, whether it is Her Majesty the Queen or His Majesty the King.
“Cost Share Funding” means funding that is shared between the C-Crown and/or the O-Crown and a Recipient or an Ultimate Recipient to allow the Recipient or an Ultimate Recipient to carry out the Project, with the C-Crown as well as the O-Crown's share of funding being set out in any applicable Designated Program Guidelines or the Initiative Guidelines, as the case may be.
“CRA BN” means the business number Canada Revenue Agency issued to the Person pursuant to the Income Tax Act (Canada).
“Crown” means the C-Crown and the O-Crown collectively.
“Designated Program” means a program set out under Part V of this Order.
“Designated Program Administrator” means the position designated as such for each Designated Program under Part V of this Order.
“Designated Program Director” means the position designated as such for each Designated Program under Part V of this Order.
“Designated Program Guidelines” means any written document setting out how Applicants can apply for funding under the Designated Programs.
“Designated Program Manager” means the position designated as such for each Designated Program under Part V of this Order.
“Designated Program Payment” means the direct or indirect provision of funds to a Person under a Designated Program outside of an Initiative.
“DOFMA” means the Ministry's Delegation of Financial Management Authority and includes any amendments thereto or successor document.
“Eligible Activity” means an activity that can be undertaken pursuant to a Designated Program, including any Initiative established thereunder, as set out under sections 30, 36, 42, 48, 54, 60, 66, 72, 78, 84, 90, 96, 102, 108, 114, 120 and 126 of this Order, as the case may be.
“Eligible Costs” means the costs set out under sections 140 or 157 of this Order, as the case may be.
“Eligible Person” means a person that is eligible to participate in a Designated Program, including any Initiative established thereunder, as set out under sections 32, 28, 44, 50, 62, 74, 80, 86, 92, 98, 104, 110, 116, 122 and 128 of this Order, as the case may be.
“Indigenous Person” includes:
- An individual who is:
- Recognized as being an Indian in accordance with the Indian Act (Canada), or
- Recognized as being a Métis by a Métis Nation within Canada;
- An individual who identified as being an Indian or Inuit and is recognized as being an Indian or Inuit by their community;
- A corporation:
- Where the majority of voting shares are owned by individuals that meet the requirements set out under paragraphs (a) or (b) of this definition,
- Where a majority of voting members on its board of directors are comprised of individuals that meet the requirements set out under paragraphs (a) or (b) of this definition, or
- Where a majority of shares are owned by a Band Council, as defined in the Indian Act (Canada) or a Métis Nation within Canada;
- A partnership where more than fifty percent (50%) of the profit or loss of the partnership is allocated to individuals that meet the requirements set out in paragraphs (a) or (b) of this definition;
- An unincorporated association where the majority of the decision-makers for that unincorporated association are comprised of individuals that meet the requirements set out under paragraphs (a) or (b) of this definition;
- A Band Council within the meaning of the Indian Act (Canada); or
- An organization whose primary objective is to represent entities set out in paragraphs (a) to (f) of this definition.
“Industry Organization” means a Person that is made up of one or more Primary Producers, Processors or other entities involved in the agri-food sector.
“Ineligible Costs” means the costs set out in sections 141 or 158 of this Order, as the case may be.
“Initiative” means a sub-program established under a Designated Program.
“Initiative Director” means the individual occupying the position appointed as such by the Designated Program Administrator and includes any individual acting in that position or successor position.
“Initiative Guidelines” means any written document setting out the terms and conditions in which the Initiative will operate.
“Initiative Manager” means the individual occupying the position appointed as such by the Designated Program Administrator and includes any individual acting in that position or successor position.
“Initiative Payment” means the direct or indirect provision of funds to a Participant under an Initiative.
“Minister” means the Minister of Agriculture, Food and Rural Affairs or any other member of the Executive Council to whom responsibility for the administration of the Ministry of Agriculture, Food and Rural Affairs Act is assigned or transferred under the Executive Council Act.
“Ministry” means the ministry of the Minister.
“O-Crown” means His Majesty the King in Right of Ontario and includes any successor, whether it is Her Majesty the Queen or His Majesty the King.
“Order” means this Minister's Order.
“Overpayment” means the payment of a Designated Program Payment or an Initiative Payment to a Person where that Person:
- Was not eligible to receive the Designated Program Payment or Initiative Payment at the time the Person received it; or
- Ceases to be eligible to receive the Designated Program Payment or Initiative Payment after the Person received it.
“Person” means a legal entity.
“Personal Information” has the same meaning as set out in section 2 of the Freedom of Information and Protection of Privacy Act.
“Previous Order” means Minister's Order 0005/2018.
“Previous Program” means the Canadian Agricultural Partnership Strategic Initiative Theme Program, as established by the Previous Order.
“Primary Producer” means a Person that is involved in the primary production of an agricultural product and includes an owner of the land who rents their land to a Primary Producer.
“Program” means the Sustainable Canadian Agricultural Partnership Strategic Initiative Program, as established under this Order.
“Processor” means a Person that processes an agricultural product from one form to another form that is irreversible in nature within the overall agri-food supply chain, whether or not the agricultural product is used for human consumption. For greater certainty, this includes cutting, packaging and washing.
“Program Administrator” means the Deputy Minister of the Ministry and includes any acting Deputy Minister.
“Project” means an undertaking being carried out pursuant to a Designated Program or an Initiative.
“P/T/M Government” means a provincial, territorial or municipal government and includes any combination thereof.
“Recipient” means an Applicant that has been approved to participate in a Designated Program or an Initiative, and:
- Is eligible to receive a Designated Program Payment or an Initiative Payment from the O-Crown; or
- Received a Designated Program Payment or an Initiative Payment from the O-Crown.
“Requirements of Law” means statutes, regulations, by-laws, ordinances, codes, official plans, rules, Designated Program Guidelines or Initiative Guidelines, approvals, permits, licences, authorizations, orders, decrees, injunctions, directions and agreements, as they may be amended from time to time.
“Research Body” means a corporate entity or partnership that has the capacity to undertake science, research, development, innovation, commercialization and knowledge transfer activities. The corporate entity must possess intellectual, physical and structural capacity and networks.
“Retailer/Wholesaler” means a Person that:
- Ultimately sells to the consumer, as it relates to a Retailer; or
- A middle person who buys agricultural-based products from importers, manufacturers and other wholesalers and resells them to retailers, other wholesalers, industrial and commercial users or foreign markets, as it relates to a Wholesaler.
“SCAPBA” means the Sustainable Canadian Agricultural Partnership Bilateral Agreement, as it may be amended from time to time.
“SCAPMFA” means the Sustainable Canadian Agricultural Partnership Multilateral Framework Agreement, as it may be amended from time to time.
“Sector” means the agriculture, agri-food and agri-based products sector and includes anything related to or derived from the agriculture, agri-food and agri-based products sector.
“Service Level Agreement” means an agreement where the O-Crown obtains a good, service or both from a Vendor.
“Service Provider” means a Person that provides products, services or both to the agricultural sector.
“SIN” means Social Insurance Number.
“Transfer Payment Agreement” means an agreement where:
- The O-Crown agrees to make:
- A Designated Program Payment, or
- An Initiative Payment
to a Recipient in return for the Recipient undertaking and completing a Project; or
- An Administrator agrees to make an Initiative Payment to an Ultimate Recipient in return for the Ultimate Recipient undertaking and completing a Project.
“Ultimate Recipient” means an Applicant that was approved to participate in an Initiative and:
- Is eligible to receive an Initiative Payment from an Administrator; or
- Received an Initiative Payment from an Administrator.
“Vendor” means a Person who provides a good, a service or both to the O-Crown pursuant to a Service Level Agreement.
- An individual who is:
Part I.2 — Interpretation
- For the purposes of interpreting this Order, including its recitals:
- Words in the singular include the plural and vice versa;
- The headings do not form part of this Order — they are for reference purposes only and will not affect the interpretation of this Order;
- Any reference to dollars or currency in this Order will be to Canadian dollars and currency;
- Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated;
- 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;
- Any reference to a Minister's Order is a reference to that Minister's Order as it may be amended from time to time and to any Minister's Order that has the effect of supplanting or superseding that Minister's Order unless a provision of this Agreement provides otherwise; and
- The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive.
Part I.3 — Purpose of the Program
- The purpose of this Program is to advance the agriculture and agri-food sectors in a sustainable way so that the agriculture and agri-food sectors can meet the needs of today while growing for tomorrow without compromising the needs of future generations.
Part II — Term of the Program and Designated Programs
Part II.1 — The Program
Commencement of the Program
-
(1) The Program commences on the date this Order comes into force and effect.
(2) For greater certainty, sections 4, 7 and 8 of this Order do not prevent the carrying out of any actions needed to have the Program, including a Designated Program, operationalized for when this Order comes into force and effect. This includes:
- Entering Administrator Agreements, Service Level Agreements or Transfer Payment Agreements;
- Approving the establishment of Initiatives;
- Appointing Initiative Directors and Initiative Managers;
- Approving Initiative Guidelines;
- Approving forms to be used for Initiatives; and
- Any other ancillary action that is required for the Program, or any Designated Program thereunder, to be operational for when this order comes into force and effect.
Term of the Program
-
(1) The Program will end on March 31, 2028.
(2) Despite section 5(1) of this Order, the termination of the Program will not impact the orderly winddown of the Program. For greater certainty, the Program will remain in place as if it did not end on March 31, 2028 for the purposes of allowing the Ministry to winddown the Program as well as complete any reporting requirements that the C-Crown requires under the SCAPMFA and the SCAPBA.
Early Termination of the Program
- (1) Despite section 5(1) of this Order, the Program Administrator will terminate the Program in the event there is no appropriation by either the Parliament of Canada or the Legislature of Ontario to the Program for that year of the Program. Where the Program is terminated pursuant to this section 6(1) of the Order, the following applies:
- The Program Administrator will post, or cause to be posted, a notice on the Ministry's website setting out that the Program has been terminated and the date on which the Program was terminated;
- The Program Administrator will notify, or cause to be notified, any Administrator delivering all or part of an Initiative under a Designated Program and cause that Administrator to post a notice on the Administrator's website setting out that the Program has been terminated and the date on which the Program was terminated; and
- No payments will be paid for which there is no appropriation.
(2) Despite section 5(1) of this Order, the Program may be terminated pursuant to a subsequently issued Minister's Order. Where the Program is terminated pursuant to a subsequently issued Minister's Order, the following applies:
- The Program Administrator will post, or cause to be posted, a notice on the Ministry's website setting out that this Program has been terminated and the date on which it was terminated;
- The Program Administrator will notify, or cause to be notified, any Administrator delivering all or part of an Initiative and cause that Administrator to post a notice on the Administrator's website setting out that the Program has been terminated and the date on which the Program was terminated; and
- Any Eligible Costs incurred before the Program was terminated, even if the claim for those Eligible Costs is submitted after the Program was terminated, will be paid unless the subsequently issued Minister's Order provides otherwise.
Part II.2 — Designated Programs
Commencement of Designated Programs
- All Designated Programs will commence when this Order comes into force and effect.
Term of Designated Programs
-
(1) All Designated Programs will end on March 31, 2028.
(2) Section 5(2) of this Order applies, with any necessary modifications, to section 8(1) of this Order as it relates to the termination of a Designated Program
Early Termination of Designated Programs
- (1) Despite section 8(1) of this Order, the Program Administrator may terminate a Designated Program if the Program Administrator believes the Designated Program is not fulfilling its intended purpose. Where the Program Administrator terminates a Designated Program pursuant to this section 9(1) of the Order, the following applies:
- The Program Administrator will post, or cause to be posted, a notice on the Ministry's website setting out that Designated Program has been terminated and the date that Designated Program was terminated;
- The Program Administrator will notify, or cause to notify, any Administrator delivering all or part of an Initiative under a terminated Designated Program and cause that Administrator to post a notice on the Administrator's website setting out the Designated Program in which the Initiative operates under has been terminated and the date that Designated Program was terminated; and
- Any Eligible Costs incurred before the Designated Program was terminated will be paid, even if the claim for those Eligible Costs is not submitted until after the Designated Program was terminated, provided the claim for those Eligible Costs was submitted within thirty (30) Business Days after the Designated Program was terminated.
(2) The termination of a Designated Program pursuant to section 9(1) of this Order also terminates all Initiatives established under that Designated Program as of the date the Designated Program is terminated.
(3) The termination of a Designated Program pursuant to section 9(1) of this Order does not affect the operation of any other Designated Program.
(4) For greater certainty, the fact that no funding has been allocated to a Designated Program or that any Initiatives have been established under that Designated Program for one or more years does not mean that that Designated Program is or has been terminated.
Part III — Funding for the Program
- Funding for the Program will be from the monies allocated to the Ministry by the Legislature 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. The Program Administrator may also pay for or allow payments to be made for any administrative costs the Program Administrator determines are reasonable or prudent for the administration of the Program.
- Funding for the Program will only be used for the Program and the costs to administer the Program.
Part IV — Administration of the Program
Part IV.1 — The Minister
-
(1) Despite anything set out in this Order or any Designated Program Guidelines or Initiative Guidelines, the Minister reserves the power to take any action or make any decision that has been assigned to the Program Administrator, the Designated Program Administrator, the Designated Program Director, the Designated Program Manager, the Initiative Director or the Initiative Manager under this Order or any Designated Program Guidelines or Initiative Guidelines upon the Minister's own initiative.
(2) Where the Minister choses to exercise their power under section 12(1) of this Order, the Minister will provide a written notice to the Program Administrator setting out that the Minister is exercising their power under section 12(1) of this Order.
(3) The Minister will not exercise any power under section 12(1) of this Order until the Minister has provided the written notice required under section 12(2) of this Order to the Program Administrator.
- (1) Without limiting section 12(1) of this Order, the Minister also reserves the power for the Minister to, upon request, waive any requirement set out under this Order, any Designated Program Guidelines or Initiative Guidelines.
(2) The Minister further reserves the power for the Minister to impose any terms or conditions upon any waiver the Minister issues pursuant to section 12(1) of this Order.
Part IV.2 — The Program Administrator
- (1) The Program Administrator is responsible for the overall administration and operation of the Program. This includes:
- Either:
- Representing the O-Crown on the SCAP Bilateral Management Committee, or
- Selecting a person to represent the O-Crown on the SCAP Bilateral Management Committee;
- Negotiating, or causing negotiations to be had, with the C-Crown on the SCAPBA;
- Signing any amendments to the SCAPBA;
- Terminating the Program pursuant to section 5 of this Order;
- Terminating a Designated Program pursuant to section 9 of this Order;
- Approving Designated Program Guidelines;
- Either:
- Approving Projects under a Designated Program or any Initiative established thereunder in accordance with the Ministry's DOFMA, or
- Recommending Projects be approved by the Minister under a Designated Program or any Initiative established thereunder in accordance with the Ministry's DOFMA where the Minister has elected to decide which Projects should be approved under the Designated Program or an Initiative established thereunder pursuant to section 12(1) of this Order;
- Entering any Administrator Agreement required for the administration of an Initiative in accordance with the Ministry's DOFMA;
- Entering Service Level Agreements or Transfer Payment Agreements under a Designated Program in accordance with the Ministry's DOFMA;
- Entering Transfer Payment Agreements under an Initiative in accordance with the Ministry's DOFMA;
- Limiting the amount of Personal Information collected under a Designated Program to what is necessary to administer that Designated Program;
- Making decisions pursuant to sections 14(2) and 14(3) of this Order;
- Establishing standards or procedures the Program Administrator believes are necessary for the general delivery of the Program, including any Designated Program thereunder;
- Approving anything that needs to be approved under the Program, a Designated Program or an Initiative that has not been assigned to the Designated Program Administrator, Designated Program Director, Designated Program Manager, Initiative Director or Initiative Manager; and
- Undertaking any actions assigned to the Program Administrator under this Order that is not set out in sections 14(1)(a) to 14(1)(n) of this Order.
(2) The Program Administrator may waive any terms or conditions set out in any Administrator Agreement, Service Level Agreement or Transfer Payment Agreement the Program Administrator enters pursuant to sections 14(1)(h), 14(1)(i) or F14(1)(j) of this Order, provided:
- The Program Administrator believes such a waiver is appropriate given the circumstances;
- The waiver will not result in the O-Crown being in contravention of the SCAPMFA or the SCAPBA; and
- The waiver does not conflict with any waiver issued pursuant to section 13(1) of this Order.
(3) The Program Administrator may impose any terms or conditions on any waiver issued pursuant to section 14(2) of this Order, provided those terms or conditions will not result in:
- The O-Crown being in contravention of the SCAPMFA or the SCAPBA; or
- A conflict with any terms or conditions imposed pursuant to section 13(2) of this Order.
- Either:
Part IV.3 — The Designated Program Administrator
- (1) The Designated Program Administrator is responsible for the administration of the assigned Designated Program, including any Initiatives established thereunder. This includes:
- Implementing any standards or procedures established by the Program Administrator pursuant to section 14(1)(z) of this Order for the Designated Program;
- Approving the establishment of an Initiative;
- Establishing Initiatives in accordance with section 147 of this Order;
- (Appointing an Initiative Director and an Initiative Manager to operate an Initiative;
- Approving Initiative Guidelines;
- Terminating Initiatives in accordance with section 149 of this Order;
- Either:
- Approving Projects under the Designated Program or any Initiative established thereunder in accordance with the Ministry's DOFMA, or
- Recommending Projects be approved by the Minister under the Designated Program or any Initiative established thereunder in accordance with the Ministry's DOFMA where the Minister has elected to decide which Projects should be approved under the Designated Program or an Initiative established thereunder pursuant to section 12(1) of this Order;
- Entering any Administrator Agreement required for the administration of an Initiative in accordance with the Ministry's DOFMA;
- Entering Service Level Agreements or Transfer Payment Agreements under the Designated Program in accordance with the Ministry's DOFMA;
- Entering Transfer Payment Agreements under an Initiative in accordance with the Ministry's DOFMA;
- Limiting the amount of Personal Information collected under the Initiative to what is necessary to administer the Initiative;
- Making decisions pursuant to sections 15(2), 15(3), 15(4), 133, 134, 135, 136, 137, 141(1), 141(3), 152, 153, 154, 155, 156, 158(1) and 158(3) of this Order;
- Establishing standards or procedures the Designated Program Administrator believes are necessary for the successful delivery of the Designated Program or an Initiative established thereunder; and
- Undertaking any actions assigned to the Designated Program Administrator under this Order that is not set out in sections 15(1)(a) to 15(1)(n) of this Order.
(2) The Designated Program Administrator may, upon request, waive any terms or conditions set out in any Administrator Agreement, Service Level Agreement or Transfer Payment Agreement the Designated Program Administrator enters pursuant to sections 15(1)(h), 15(1)(i) or 15(1)(j) of this Order, provided:
- The Designated Program Administrator believes such a waiver is appropriate given the circumstances;
- The waiver will not result in the O-Crown being in contravention of the SCAPMFA or the SCAPBA; and
- The waiver does not conflict with any waiver issued pursuant to section 13(1) of this Order.
(3) The Designated Program Administrator may, upon request, waive any additional eligibility requirements or administrative deadlines set out in the Initiative Guidelines, provided:
- The Designated Program Administrator believes such a waiver is appropriate given the circumstances;
- The waiver will not result in the O-Crown being in contravention of the SCAPMFA or the SCAPBA; or
- The waiver does not conflict with any waiver issued pursuant to section 13(1) of this Order.
(4) The Designated Program Administrator may impose any terms or conditions on a waiver issued under sections 15(2) or 15(3) of this Order, provided those terms or conditions will not result in:
- The O-Crown being in contravention of the SCAPMFA or the SCAPBA; or
- A conflict with any terms or conditions imposed pursuant to section 13(2) of this Order.
Part IV.4 — The Designated Program Director
- (1) The Designated Program Director is responsible for the delivery of an assigned Designated Program. This includes:
- Implementing any standards or procedures established by the Designated Program Administrator pursuant to section 15(1)(n) of this Order for the delivery of the Designated Program;
- Overseeing the delivery of the Designated Program;
- Either:
- Approving Projects under the Designated Program in accordance with the Ministry's DOFMA, or
- Recommending Projects be approved by the Minister under the Designated Program in accordance with the Ministry's DOFMA where the Minister has elected to decide which Project should be approved under a Designated Program pursuant to section 12 of this Order;
- Entering Service Level Agreements or Transfer Payment Agreements under a Designated Program in accordance with the Ministry's DOFMA;
- Monitoring any Service Level Agreement or Transfer Payment Agreement the Program Administrator, Designated Program Administrator or the Designated Program Director entered under the Designated Program;
- Making decisions pursuant to sections 16(2), 16(3), and 135(1) of this Order;
- Establishing standards or procedures the Designated Program Director believes are necessary for the successful delivery of the Designated Program; and
- Undertaking any actions assigned to the Designated Program Director under this Order that is not set out in sections 16(1)(a) to 16(1)(g) of this Order.
(2) The Designated Program Director may, upon request, waive any terms or conditions set out in any Service Level Agreement or Transfer Payment Agreement the Designated Program Director enters pursuant to section 16(1)(d) of this Order, provided:
- The Designated Program Director believes such a waiver is appropriate given the circumstances;
- The waiver will not result in the O-Crown being in contravention of the SCAPMFA or the SCAPBA; and
- The waiver does not conflict with any waiver issued pursuant to section 13(1) of this Order.
- The Designated Program Director may impose any terms or conditions on a waiver issued under section 16(2) of this Order, provided the terms or conditions will not result in:
- The O-Crown being in contravention of the SCAPMFA or the SCAPBA; or
- A conflict with any terms or conditions imposed pursuant to section 13(2) of this Order.
- For greater certainty, where a Designated Program has an Initiative thereunder and the Designated Program Director is not the Initiative Director, the Designated Program Director will not exercise any powers assigned to the Initiative Director regarding the Initiative.
Part IV.5 — The Designated Program Manager
- (1) The Designated Program Manager is responsible for assisting the Designated Program Director in the delivery of an assigned Designated Program. This includes:
- Implementing any standards or procedures established by the Designated Program Administrator pursuant to section 15(1)(m) of this Order or the Designated Program Director pursuant to section 16(1)(g) of this Order for the delivery of the Designated Program;
- Managing the operation of the Designated Program;
- Either:
- Approving Projects under the Designated Program in accordance with the Ministry's DOFMA, or
- Recommending Project be approved by the Minister under the Designated Program in accordance with the Ministry's DOFMA where the Minister has elected to decide which Project should be approved under a Designated Program pursuant to section 12 of this Order;
- Managing any Service Level Agreements or Transfer Payment Agreements entered under the Designated Program.
- Establishing standards or procedures the Designated Program Manager believes are necessary for the successful general delivery of the Designated Program; and
- Undertaking any actions assigned to the Designated Program Manager under this Order that is not set out in sections 18(1)(a) to 18(1)(e) of this Order.
- For greater certainty, where a Designated Program has an Initiative thereunder and the Designated Program Manager is not the Initiative Manager, the Designated Program Manager will not exercise any powers assigned to the Initiative Manager regarding the Initiative.
Part IV.6 — The Initiative Director
- (1) The Initiative Director is responsible for delivering an assigned Initiative. This includes:
- Implementing any standards or procedures established by the Designated Program Administrator pursuant to section 15(1)(g) of this Order for the Initiative;
- Approving all forms to be used for the Initiative;
- Monitoring the delivery of the Initiative;
- Either:
- Approving Projects under an Initiative in accordance with the Ministry's DOFMA, or
- Recommending Projects be approved by the Minister under the Initiative in accordance with the Ministry's DOFMA where the Minister has elected to decide which Project should be approved under the Initiative pursuant to section 12 of this Order;
- Entering any Administrator Agreement required for the administration of the Initiative in accordance with the Ministry's DOFMA;
- Entering Transfer Payment Agreements under the Initiative in accordance with the Ministry's DOFMA;
- Monitoring any Administrator Agreements or Transfer Payment Agreements the Program Administrator, Designated Program Administrator or the Initiative Director entered under the Initiative;
- Monitoring any Administrator's delivery of the Initiative;
- Making decisions pursuant to sections 20(2), 20(3), 20(4) 154 of this Order;
- Establishing standards or procedures the Initiative Director believes are necessary for the successful general delivery of the Initiative; and
- Undertaking any actions assigned to the Initiative Director under this Order that is not set out in sections 20(1)(a) to J(1)(j) of this Order.
(2) The Initiative Director may, upon request, waive any terms or conditions set out in any Administrator Agreement or Transfer Payment Agreement the Initiative Director enters pursuant to sections 20(1)(e) or J(1)(f) of this Order, provided:
- The Initiative Director believes such a waiver is appropriate given the circumstances;
- The waiver will not result in the O-Crown being in contravention of the SCAPMFA or the SCAPBA; and
- The waiver does not conflict with any waiver issued pursuant to section 13(1) of this Order.
(3) The Initiative Director may, upon receiving a request from a Person participating in the Initiative, allow that Person to continue participating in the Initiative even if that Person does not meet all the eligibility requirements set out in this Order or the Initiative Guidelines, where:
- The Person was originally found to be eligible to participate in the Initiative;
- The Person acted in good faith to be found eligible to participate in the Initiative;
- The Person acted in good faith while participating in the Initiative;
- The Initiative Director's decision will not result in the O-Crown being in breach of any term or condition set out under the SCAPMFA or the SCAPBA; and
- The Initiative Director believes not allowing that Person to continue participating in the Initiative would create an unfair result for that Person.
(4) The Initiative Director may impose any terms or conditions on a waiver issued under section 20(2) of this Order or a permission granted under section 20(3) of this Order, provided those terms or conditions will not result in:
- The O-Crown being in contravention of the SCAPMFA or the SCAPBA; or
- A conflict with any terms or conditions imposed pursuant to section 13(2) of this Order.
- For greater certainty, where an Initiative Director is not the Designated Program Director, the Initiative Director will not exercise any powers assigned to the Designated Program Director regarding the Designated Program.
Part IV.7 — The Initiative Manager
- (1) The Initiative Manager is responsible for assisting the Initiative Director in the delivery of the assigned Initiative. This includes:
- Implementing any standards or procedures established by the Designated Program Administrator pursuant to section 15(1)(m) of this Order or the Initiative Director pursuant to section 20(1)(j) of this Order for the Initiative;
- Managing the administration and the operation of the Initiative;
- Either:
- Approving Projects under the Initiative in accordance with the Ministry's DOFMA, or
- Recommending Projects be approved by the Minister under the Initiative in accordance with the Ministry's DOFMA where the Minister has elected to decide which Projects should be approved under the Initiative pursuant to section 12 of this Order;
- Managing any Administrator Agreements or Transfer Payment Agreements the Program Administrator, Designated Program Administrator or the Initiative Director entered under the Initiative;
- Managing any Administrator's delivery of the Initiative;
- Establishing standards or procedures the Initiative Manager believes are necessary for the successful general delivery of the Initiative; and
- Undertaking any actions assigned to the Initiative Manager under this Order that is not set out in sections 22(1)(a) to 22(1)(g) of this Order.
- For greater certainty, where an Initiative Manager is not the Designated Program Manager, the Initiative Manager will not exercise any powers assigned to the Designated Program Manager regarding the Designated Program.
Part IV.8 — Administrators
- (1) The Program Administrator, Designated Program Administrator or Initiative Director may enter, as the case may be, an Administrator Agreement with an Administrator for the purposes of administering an Initiative.
(2) Where an Administrator Agreement is entered into pursuant to section 24(1) of this Order, that Administrator Agreement will include:
- The roles and responsibilities of the Program Administrator, Designated Program Administrator, Initiative Director and the Initiative Manager, as the case may, and the Administrator regarding the delivery of the Initiative;
- The Administrator Funds;
- Service standards, if any, the Administrator will be required to meet;
- Reporting and audit requirements;
- Communications requirements;
- Provisions for corrective action to address any events of default by the Administrator;
- Termination of the Administrator Agreement;
- Provisions regarding the recovery of any Overpayment; and
- Anything else the Program Administrator, Designated Program Administrator or Initiative Director believes, as the case may be, is prudent for the successful delivery of the Initiative.
(3) No Administrator Funds will be paid to an Administrator unless that Administrator is in compliance with the terms and conditions of this Order, the Administrator Agreement and, if applicable, the Initiative Guidelines.
- Where an Administrator is responsible for administering an Initiative, that Administrator may:
- Approve the Initiative Guidelines;
- Approve the forms to be used for the Initiative;
- Either:
- Approve Projects under the Initiative, or
- Recommend Projects be approved by the Minister under the Initiative where the Minister has elected to decide which Projects should be approved under the Initiative pursuant to section 12 of this Order;
- Enter into Service Level Agreements or Transfer Payment Agreements in relation to the Initiative; and
- Either provide Initiative Payments based on:
- A claims-based process without having to enter a Transfer Payment Agreement with Ultimate Recipients, or
- A claims-based process with having to enter a Transfer Payment Agreement with Ultimate Recipients,
provided the Administrator Agreement gives such powers to the Administrator.
Part IV.9 — Exercise of Administrative Powers under Program
- The Program Administrator, Designated Program Administrator, Designated Program Director, Designated Program Manager, Initiative Director and the Initiative Manager have all incidental powers needed to administer the Program, Designated Program or Initiative, as the case may be.
Part V — Designated Programs
Part V.1 — The Resilient Agricultural Landscape Designated Program
Establishment of Designated Program
- The Resilient Agricultural Landscape Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Resilient Agricultural Landscape Designated Program is to support producers to conserve and enhance the resiliency of agricultural landscapes by accelerating the adoption of on-farm land use and management practices that maximize the provision of ecological goods and services. The Resilient Agricultural Landscape Designated Program will use an ecological goods and services payment approach to support on-farm adoption and will be designed and delivered to reflect local conditions and regional needs.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Food Safety and Environment Division, including any acting Assistant Deputy Minister of the Ministry's Food Safety and Environment Division as well as any successor position, is the Designated Program Administrator for the Resilient Agricultural Landscape Designated Program.
(2) The Director of the Ministry's Environmental Management Branch, including any acting Director of the Ministry's Environmental Management Branch as well as any successor position, is the Designated Program Director for the Resilient Agricultural Landscape Designated Program.
(3) The Manager of the Ministry's Program Coordination, Research and Partnerships Unit, including any acting Manager of the Ministry's Program Coordination, Research and Partnerships Unit as well as any successor position, is the Designated Program Manager for the Resilient Agricultural Landscape Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Resilient Agricultural Landscape Designated Program or any Initiative Guidelines for any Initiative established under the Resilient Agricultural Landscape Designated Program,
is an activity that is eligible to be undertaken under the Resilient Agricultural Landscape Designated Program, provided that activity falls within the purpose of the Resilient Agricultural Landscape Designated Program, as set out under section 28 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under section 30 of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement; or
- Do not fall within the purpose of the Resilient Agricultural Landscape Designated Program, as set out under section 28 of this Order,
are ineligible under the Resilient Agricultural Landscape Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Resilient Agricultural Landscape Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Owners of land rented by Primary Producers;
- Indigenous Peoples; and
- A Service Provider applying on behalf of Persons set out under sections 32(a) to 32(c) of this Order.
Part V.2 — The Greenhouse Gas Emissions-Reducing and Carbon Sequestration for Primary Producers Designated Program
Establishment of Designated Program
- The Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program is to provide support for activities by Primary Producers or directly impacting Primary Producers that can measurably reduce greenhouse gas emissions and/or sequester carbon.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Food Safety and Environment Division, including any acting Assistant Deputy Minister of the Ministry's Food Safety and Environment Division as well as any successor position, is the Designated Program Administrator for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program.
(2) The Director of the Ministry's Environmental Management Branch, including any acting Director of the Ministry's Environmental Management Branch, as well as any successor position is the Designated Program Director for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program.
(3) The Manager of the Ministry's Program Coordination, Research and Partnerships Unit, including any acting Manager of the Ministry's Program Coordination, Research and Partnerships Unit as well as any successor position, is the Designated Program Manager for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program or any Initiative Guidelines for any Initiative established under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program,
is an activity that is eligible to be undertaken under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program, provided that activity falls within the purpose of the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program, as set out under section 34 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under section 36 of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in the Initiative Guidelines for any Initiative established under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program; or
- Do not fall within the purpose of the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program, as set out under section 34 of this Order,
are ineligible under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Primary Producers Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Industry Organizations;
- Research Bodies;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.3 — The Greenhouse Gas Emissions-Reducing and Carbon Sequestration for Processors Designated Program
Establishment of Designated Program
- The Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program is to provide support for activities across the agri-food sector value chain that can measurably reduce greenhouse gas emissions and/or sequester carbon.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch, as well as any successor position, is the Designated Program Director for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program.
(3) The Manager of the Ministry's Business Investment and Development Unit, including any acting Manager of the Ministry's Business Development and Investment Unit as well as any successor position, is the Designated Program Manager for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program or any Initiative Guidelines for any Initiative established under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program,
is an activity that is eligible to be undertaken under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program, provided that activity falls within the purpose of the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program, as set out under section 40 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under section 42 of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in the Initiative Guidelines for any Initiative established under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program; or
- Do not fall within the purpose of the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program, as set out under section 40 of this Order,
are ineligible under the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Greenhouse Gas Emissions-Reducing and Carbon Sequestration For Processors Designated Program, including any Initiative established thereunder:
- Processors;
- Industry Organizations;
- Research Bodies;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.4 — The Environmental Stewardship Designated Program
Establishment of Designated Program
- The Environmental Stewardship Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Environmental Stewardship Designated Program is to:
- Improve productive capacity of farmland through enhanced soil health and land-based protection, reducing loss of agricultural inputs into the environment, improving ecosystem health, and helping the sector respond to market demands and instilling public trust;
- Help deliver on and complement the outcomes of ecosystem health (which includes biodiversity), greenhouse gas mitigation, resource-use efficiency, and climate change resilience; and
- Increase awareness and adoption of best management practices and other activities to address environmental issues and obtain support from the agricultural and agri-food sectors across the supply chain as well as others.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Food Safety and Environment Division, including any acting Assistant Deputy Minister of the Ministry's Food Safety and Environment Division as well as any successor position, is the Designated Program Administrator for the Environmental Stewardship Designated Program.
(2) The:
- Director of the Ministry's Environmental Management Branch, including any acting Director of the Ministry's Environmental Management Branch as well as any successor position; and
- The Director of the Ministry's Agricultural Development Branch, including any acting Director of the Ministry's Agricultural Development Branch,
are the Designated Program Directors for the Environmental Stewardship Designated Program.
(3) The:
- Manager of the Ministry's Program Coordination and Partnerships Unit, including any acting Manager of the Ministry's Program Coordination and Partnerships Unit as well as any successor position; and
- Manager of the Ministry's Field Crops Unit, including any acting Manager of the Ministry's Field Crops Unit as well as any successor position,
are the Designated Program Managers for the Environmental Stewardship Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Environmental Stewardship Designated Program, including any Initiative established thereunder:
- Using research to improve understanding of the effectiveness of best management practices and innovative tools and technologies for improving environmental outcomes across various site-specific conditions;
- Surveilling, monitoring, data analysis and modelling for environment stewardship as well as gathering base-line data, monitoring the progress of and developing predictive models to analyze the impact and improvement of agri-environmental systems;
- Providing education and training to raise awareness within the agri-food sector and with consumers about improving environmental sustainability and ecosystem health;
- Providing access to advisory services regarding national or international environmental or sustainability-related certifications, verification or assurance systems;
- Developing and enhancing tools and resources for decision-making across the agri-food sector's value chain related to environmental sustainability and ecosystem health as well as explore opportunities to harmonize existing or new tools and resources to address evolving consumer demands and market-access requirements;
- Regional and site-specific risk assessment, audit and planning activities;
- Implementing best management practices and technologies to improve environmental sustainability and demonstrate progress toward improved environmental outcomes;
- Leveraging resources and networks to deliver upon existing or newly-made environmental commitments;
- Piloting new or innovative approaches and concepts that support improved environmental outcomes for the agri-food sector's environmental stewardship;
- Pre-commercialization and innovative technology, processes and equipment to support environmental sustainability and ecosystem health;
- Developing policy and programs as well as co-ordination and evaluation to support environmental stewardship and to inform future environmental stewardship policy and program development;
- Increasing greater diversity, equity and inclusion in the Sector by providing focused support for Indigenous Peoples, women and youth as well as other underrepresented or marginalized groups;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to environmental stewardship; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Environmental Stewardship Designated Program or any Initiative Guidelines for any Initiative established under the Environmental Stewardship Designated Program,
provided that activity falls within the purpose of the Environmental Stewardship Designated Program, as set out under section 46 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 48(a) to 48(n) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Environmental Stewardship Designated Program or any Initiative Guidelines for an Initiative established under the Environmental Stewardship Designated Program; or
- Do not fall within the purpose of the Environmental Stewardship Designated Program, as set out under section 46 of this Order,
are ineligible under the Environmental Stewardship Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Environmental Stewardship Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.5 — The Science, Research, Innovation and Commercialization Designated Program
Establishment of Designated Program
- The Science, Research, Innovation and Commercialization Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Science, Research, Innovation and Commercialization Designated Program is to:
- Increase the development and adoption of innovative best practices and technology that builds on the Sector's research capacity and increase knowledge, sharing and commercialization;
- Increase creation and commercialization of innovative technologies, products and practices;
- Increase adoption of best practices, technology and innovations; and
- Address challenges and opportunities and continue to work to move applied research into the market through knowledge mobilization and support for commercialization.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Research and Corporate Services Division, including any acting Assistant Deputy Minister of the Ministry's Research and Corporate Services Division as well as any successor position, is the Designated Program Administrator for the Science, Research, Innovation and Commercialization Designated Program.
(2) The:
- Director of the Ministry's Research and Innovation Branch, including any acting Director of the Ministry's Research and Innovation Branch as well as any successor position; and
- Director of Agricultural Development Branch, including any acting Director of the Ministry's Agricultural Development Branch as well as any successor position,
are the Designated Program Directors for the Science, Research, Innovation and Commercialization Designated Program.
(3) The:
- Manager of the Ministry's Research and Knowledge Management Unit, including any acting Manager of the Ministry's Research and Knowledge Management Unit as well as any successor position; and
- Manager of the Ministry's Horticulture Crops Unit, including any acting Manager of the Ministry's Horticulture Crops Unit as well as any successor position,
are the Designated Program Managers for the Science, Research, Innovation and Commercialization Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Science, Research, Innovation and Commercialization Designated Program, including any Initiative established thereunder:
- Sustaining and generating new, core capacities needed to undertake world-class research and scientific, economic and data analysis;
- Applied research;
- Developing technology and products;
- Disseminating knowledge;
- Commercialization;
- Research impact assessments;
- Fostering collaboration among governments, the agri-food research and innovation community and the Sector in Ontario;
- Developing highly skilled researchers, policymakers and innovators in government, academia and the agri-food sector;
- Developing technology, start-ups and scale-ups through coordinated hubs;
- Developing products and market validation;
- Research equipment;
- Private sector partnerships to undertake science, research and innovation-type activities that advance the agri-food sector in Ontario;
- Science, research and innovation-type activities outside of traditional research-based entities;
- Pilot and demonstration projects of agri-food technologies developed in Ontario and from other jurisdictions to encourage adoption;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to science, research and innovation; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Science, Research, Innovation and Commercialization Designated Program or any Initiative Guidelines for any Initiative established under the Science, Research, Innovation and Commercialization Designated Program,
provided that activity falls within the purpose of the Science, Research, Innovation and Commercialization Designated Program, as set out under section 52 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections L54(a) to 54(p) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Science, Research, Innovation and Commercialization Designated Program or any Initiative Guidelines for an Initiative established under the Science, Research, Innovation and Commercialization Designated Program; or
- Do not fall within the purpose of the Science, Research, Innovation and Commercialization Designated Program, as set out under section 52 of this Order,
are ineligible under the Science, Research, Innovation and Commercialization Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Science, Research, Innovation and Commercialization Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.6 — The Science, Research and Innovation Infrastructure Designated Program
Establishment of Designated Program
- The Science, Research and Innovation Infrastructure Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Science, Research and Innovation Infrastructure Designated Program is to support centres of applied science and technology research with particular focus on industries, challenges, and opportunities of importance to the Ontario agri-food sector through Capital Items.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Research and Corporate Services Division, including any acting Assistant Deputy Minister of the Ministry's Research and Corporate Services Division as well as any successor position, is the Designated Program Administrator for the Greenhouse Gas Emissions-Reducing and Carbon Sequestration Designated Program.
(2) The Director of the Ministry's Research and Innovation Branch, including any acting Director of the Ministry's Research and Innovation Branch as well as any successor position, is the Designated Program Director for the Science, Research and Innovation Infrastructure Designated Program.
(3) The Manager of the Ministry's Research Accountability and Management Unit, including any acting Manager of the Ministry's Research Accountability and Management Unit as well as any successor position, is the Designated Program Manager for the Science, Research and Innovation Infrastructure Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Science, Research and Innovation Infrastructure Designated Program, including any Initiative established thereunder:
- Research Infrastructure Projects that may include:
- ARIO Elora Research Stations,
- Vineland Research and Innovation Centre,
- Elora Research Stations: Field Crops Research Infrastructure, and
- Other Projects involving Capital Items that may emerge as a priority for the Ministry; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Science, Research and Innovation Infrastructure Designated Program or any Initiative Guidelines for any Initiative established under the Science, Research and Innovation Infrastructure Designated Program,
provided that activity falls within the purpose of the Science, Research and Innovation Infrastructure Designated Program, as set out under section 58 of this Order.
- Research Infrastructure Projects that may include:
Ineligible Activities
- Activities that:
- Are not set out under sections 60(a) or 60(b) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Science, Research and Innovation Infrastructure Designated Program or any Initiative Guidelines for an Initiative established under the Science, Research and Innovation Infrastructure Designated Program; or
- Do not fall within the purpose of the Science, Research and Innovation Infrastructure Designated Program, as set out under section 58 of this Order,
are ineligible under the Science, Research and Innovation Infrastructure Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Science, Research and Innovation Infrastructure Designated Program, including any Initiative established there under:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.7 — The Interprovincial Research Collaboration Designated Program
Establishment of Designated Program
- The Interprovincial Research Collaboration Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Interprovincial Research Collaboration Designated Program is for Ontario to collaborate with one or more provinces or territories to jointly fund research project where mutual interests align to advance science, research and innovation, and support the Sector.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Research and Corporate Services Division, including any acting Assistant Deputy Minister of the Ministry's Research and Corporate Services Division as well as any successor position, is the Designated Program Administrator for the Interprovincial Research Collaboration Designated Program.
(2) The Director of the Ministry's Research and Innovation Branch, including any acting Director of the Ministry's Research and Innovation Branch as well as any successor position, is the Designated Program Director for the Interprovincial Research Collaboration Designated Program.
(3) The Manager of the Ministry's Research and Knowledge Management Unit, including any acting Manager of the Ministry's Research and Knowledge Management Unit as well as any successor position, is the Designated Program Manager for the Interprovincial Research Collaboration Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Interprovincial Research Collaboration Designated Program, including any Initiative established thereunder:
- Staff exchange programs between Ontario and another province or territory to share information, discuss various issues of common interest related to research and innovation and discuss the operations of their respective research centres;
- Knowledge transfer activities related to research findings in the agri-food sector and in the scientific community;
- Research projects related to climate change and adaptation and mitigation strategies for the agriculture and agri-food sectors;
- Research and innovation projects that address common issues and interests; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Interprovincial Research Collaboration Designated Program or any Initiative Guidelines for any Initiative established under the Interprovincial Research Collaboration Designated Program,
provided that activity falls within the purpose of the Interprovincial Research Collaboration Designated Program, as set out under section 64 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 66(1) to 66(e) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Do not align with Ministry priorities;
- Are not set out in any Designated Program Guidelines for the Interprovincial Research Collaboration Designated Program or any Initiative Guidelines for an Initiative established under the Interprovincial Research Collaboration Designated Program; or
- Do not fall within the purpose of the Interprovincial Research Collaboration Designated Program, as set out under section 64 of this Order,
are ineligible under the Interprovincial Research Collaboration Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Interprovincial Research Collaboration Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.8 — The Markets Designated Program
Establishment of Designated Program
- The Markets Designated Program is established as of as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Markets Designated Program is to:
- Support the Sector to take advantage of opportunities in existing, new, and growing markets; and
- Increase Sector productivity and assist businesses to meet market demand via tailored solutions to advance expansion efforts and investments in identified/unique market opportunities.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Markets Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position, is the Designated Program Director for the Markets Designated Program.
(3) The Manager of the Ministry's Business Investment and Development Unit, including any acting Manager of the Ministry's Business Investment and Development Unit as well as any successor position, is the Designated Program Manager for the Markets Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Markets Designated Program, including any Initiative established thereunder:
- Building awareness, education and training to improve agri-food businesses' awareness and understanding of domestic and export markets;
- Planning, development and implementation of tools and resources to enable businesses to enter and grow markets or to support business with unique regional challenges or opportunities;
- Developing marketing materials related to buyer/consumer awareness;
- Local and regional food marketing, promotions, education, awareness, resources, tools, strategies, plans and development or market access, including efforts to support broader public service purchases;
- Applied studies and projects to develop and produce niche products and develop and test new crops, products and processes with regional considerations;
- Commercialization and incubators to support and develop product placement in market or processes including those with unique regional considerations;
- Data, analytics or modelling collaborations to improve market access or to identifying geographical gaps or market opportunities;
- Businesses activities, including:
- Developing and implementing marketing plans,
- Developing new products or processes,
- Meeting industry standards and practices,
- Conducting feasibility or viability assessments or audits,
- Developing products or processes, including evaluating those products or processes,
- Support for logistics and transport, and
- Supporting human capital/resources to support innovation, export strategies or to support agri-food infrastructure with unique regional considerations;
- Developing policy and programs as well as co-ordination to support businesses to maintain and expand market presence and to support and identify regional specific challenges and opportunities;
- Monitoring, assessments, analysis and studies to identify opportunities for market expansion, barriers to market expansion or impact of import and export; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Markets Designated Program or any Initiative Guidelines for any Initiative established under the Markets Designated Program,
provided that activity falls within the purpose of the Markets Designated Program, as set out under section 70 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 72(a) to 72(k) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Markets Designated Program or any Initiative Guidelines for an Initiative established under the Markets Designated Program; or
- Do not fall within the purpose of the Markets Designated Program, as set out under section 70 of this Order,
are ineligible under the Markets Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Markets Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.9 — The Facilitating Interprovincial Trade of Regulated Product Designated Program
Establishment of Designated Program
- The Facilitating Interprovincial Trade of Regulated Product Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Facilitating Interprovincial Trade of Regulated Product Designated Program is to support Sector businesses and organizations to enter markets beyond Ontario. By expanding markets beyond Ontario, a number of cross cutting outcomes are achieved which include improved Sector resiliency, food security, animal welfare, environmental performance and increased processing capacity.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Food Safety and Environment Division, including any acting Assistant Deputy Minister of the Ministry's Food Safety and Environment Division as well as any successor position, is the Designated Program Administrator for the Facilitating Interprovincial Trade of Regulated Product Designated Program.
(2) The Director of the Ministry's Food Safety Systems Development Branch, including any acting Director of the Ministry's Food Safety Systems Development Branch as well as any successor position, is the Designated Program Director for the Facilitating Interprovincial Trade of Regulated Product Designated Program.
(3) The Manager of the Ministry's Food Safety Programs Unit, including any acting Manager of the Ministry's Food Safety Programs Unit as well as any successor position, is the Designated Program Manager for the Facilitating Interprovincial Trade of Regulated Product Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Interprovincial Trade of Regulated Product Designated Program, including any Initiative established thereunder:
- Analysis, feasibility assessments, needs or readiness assessments and gap analysis for agri-food sector organizations and businesses to enter markets beyond Ontario;
- Addressing barriers to expanding markets and support efforts to enter markets and marketing approaches through innovative solutions;
- Implementing upgrades to facilities and processes to position them for success outside of Ontario through Cost Share Funding;
- Pilots, partnerships and collaborations to modernize agriculture and agri-food businesses, facilities and operations to enhance the agri-food sector's ability to enter markets beyond Ontario while maintaining high food safety standards;
- Interprovincial trade knowledge translation and transfer activities, awareness training, resources, education, skill development and advisory services to support the agri-food sector's understanding of the requirements needed to successfully operate beyond Ontario as well as adopt risk management/mitigation strategies, close knowledge gaps and adopt best management practices;
- Applied research to inform risk management, policy and support for interprovincial trade;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to interprovincial trade; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Interprovincial Trade of Regulated Product Designated Program or any Initiative Guidelines for any Initiative established under the Interprovincial Trade of Regulated Product Designated Program,
provided that activity falls within the purpose of the Interprovincial Trade of Regulated Product Designated Program, as set out under section 76 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 78(a) to 78(h) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Interprovincial Trade of Regulated Product Designated Program or any Initiative Guidelines for an Initiative established under the Interprovincial Trade of Regulated Product Designated Program; or
- Do not fall within the purpose of the Interprovincial Trade of Regulated Product Designated Program, as set out under section 76 of this Order,
are ineligible under the Interprovincial Trade of Regulated Product Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Interprovincial Trade of Regulated Product Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.10 — The Supply Chain Resiliency Designated Program
Establishment of Designated Program
- The Supply Chain Resiliency Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Supply Chain Resiliency Designated Program is to identify and address ongoing agri-food sector supply chain vulnerabilities and support an efficient, secure and responsive food supply.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Supply Chain Resiliency Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position, is the Designated Program Director for the Supply Chain Resiliency Designated Program.
(3) The Manager of the Ministry's Business Development and Investment Unit, including any acting Manager of the Ministry's Business Development and Investment Unit as well as any successor position, is the Designated Program Manager for the Labour: Attracting and Growing The Agri-Food Workforce Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Supply Chain Resiliency Designated Program, including any Initiative established thereunder:
- Infrastructure and Capital Items that improve food supply chain resiliency, including cybersecurity, cold storage chain and capacity and irrigation infrastructure;
- Promotional activities related to local food that support food supply chain resiliency;
- Educational activities aimed at improving supply chain resiliency and local food literacy;
- Supply chain audits and assessments;
- Development and promotion of tools which empower businesses and consumers to connect with food producers and processors;
- Enhanced integration of data collection and analytics to better predict, mitigate and respond to supply chain vulnerabilities, including through technology mapping;
- Food-supply related activities, strengthening supply chain resilience, addressing local food and labour challenges to provide better co-ordination and sharing of best practices, including in remote and Indigenous communities;
- Diversification of products and/or processes in the agri-food supply chain, including adoption of innovative practices;
- Equipment or inputs needed to respond to changing consumer demands, changing climate and/or weather, changing pest conditions or reduced productive capacity;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to supply chain resiliency; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Supply Chain Resiliency Designated Program or any Initiative Guidelines for any Initiative established under the Supply Chain Resiliency Designated Program,
provided that activity falls within the purpose of the Supply Chain Resiliency Designated Program, as set out under section 82 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 84(a) to 84(k) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Supply Chain Resiliency Designated Program or any Initiative Guidelines for an Initiative established under the Supply Chain Resiliency Designated Program; or
- Do not fall within the purpose of the Supply Chain Resiliency Designated Program, as set out under section 82 of this Order,
are ineligible under the Supply Chain Resiliency Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Supply Chain Resiliency Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.11 — The Labour: Attracting and Growing the Agri-Food Workforce Designated Program
Establishment of Designated Program
- The Labour: Attracting and Growing The Agri-Food Workforce Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Labour: Attracting and Growing The Agri-Food Workforce Designated Program is to address labour gaps in Ontario's agri-food sector as well as attract and retain a more diversified, skilled agri-food workforce.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Labour: Attracting and Growing The Agri-Food Workforce Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position, is the Designated Program Director for the Labour: Attracting and Growing The Agri-Food Workforce Designated Program.
(3) The Manager of the Ministry's Labour and Technology Unit, including any acting Manager of the Ministry's Labour and Technology Unit as well as any successor position, is the Designated Program Manager for the Labour: Attracting and Growing The Agri-Food Workforce Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Labour: Attracting and Growing The Agri-Food Workforce Designated Program, including any Initiative established thereunder:
- Addressing labour challenges and implementing recruitment, training and retention strategies through Cost Share Funding;
- Increasing skills and capacity in areas of urgent need;
- Leadership and skill development programming for Indigenous Peoples, youth, women as well as other underrepresented and marginalized groups;
- Developing and establishing training based on urgently needed workers, including the potential for specific micro-credential programs;
- Pilots, partnerships, projects, labour campaigns, trade shows and training for agri-food businesses to undertake activities focused on attracting and retaining agri-food workers;
- Soft skills/pre-employment training for job seekers and employers;
- Increasing hands-on agri-food sector job training opportunities for prospective agri-food job seekers;
- Evidence-based research for identifying barriers, challenges and gaps in labour and agri-food occupations;
- Identifying and developing of evidenced-based initiatives to attract, hire and retain Indigenous Peoples, women and youth as well as other underrepresented and marginalized groups;
- Developing labour force management strategies, training and employee on-boarding;
- Promotional campaigns and resources to increase awareness and promote agri-food training, education, jobs and occupations;
- Expanding job entry pathways through employment services;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to agriculture and agricultural related labour; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Labour: Attracting and Growing The Agri-Food Workforce Designated Program or any Initiative Guidelines for any Initiative established under the Labour: Attracting and Growing The Agri-Food Workforce Designated Program,
provided that activity falls within the purpose of the Labour: Attracting and Growing The Agri-Food Workforce Designated Program, as set out under section 88 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 90(a) to 90(n) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Labour: Attracting and Growing The Agri-Food Workforce Designated Program or any Initiative Guidelines for an Initiative established under the Labour: Attracting and Growing The Agri-Food Workforce Designated Program; or
- Do not fall within the purpose of the Labour: Attracting and Growing The Agri-Food Workforce Designated Program, as set out under section 88 of this Order,
are ineligible under the Labour: Attracting and Growing The Agri-Food Workforce Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Labour: Attracting and Growing The Agri-Food Workforce Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.12 — The Productivity Designated Program
Establishment of Designated Program
- The Productivity Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Productivity Designated Program is to support competitiveness, profitability, growth, increase yield and long-term sustainability of the Sector.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Productivity Designated Program.
(2) The:
- Director of the Ministry's Agricultural Development Branch, including any acting Director of the Ministry's Agricultural Development Branch as well as any successor position; and
- Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position,
are the Designated Program Directors for the Productivity Designated Program.
(3) The:
- Manager of the Ministry's Business Development and Investment Unit, including any acting Manager of the Ministry's Business Development and Investment Unit as well as any successor position; and
- Manager of the Ministry's Horticulture Technology Unit, including any acting Manager of the Ministry's Horticulture Technology Unit as well as any successor position,
are the Designated Program Managers for the Productivity Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Productivity Designated Program, including any Initiative established thereunder:
- Building international awareness of Ontario as an ideal place to develop new food and agri-technologies to attract foreign direct investment and generate new technologies and production techniques;
- Agri-food business activities, including:
- Conducting labour and productivity assessments/audits,
- Investing in key technology and automation solutions for specific sector issues via development and implementation of robotics, new technologies and customized solutions,
- Improving productivity through purchase, feasibility study, planning and installation of new or upgraded technology, equipment and software systems and associated data collection and systems,
- Improving productivity through ingredient and waste management,
- Undertaking enterprise resource planning and supply chain management system projects,
- Developing tools, resources and training to support businesses to identify opportunities or implement productivity improvements, and
- Expanding and/or increasing capacity through feasibility analyses, planning, purchase and installation of new or upgraded technology, equipment, software systems and associated data collection and systems;
- Building of internal capacity to understand the range of productivity improvements available to support productivity programming in the future;
- Building of internal capacity to understand the range or labour attraction and retention options available to support future programming;
- Adopting de-risking technologies and processes by supporting organization and sector-based analysis and creating opportunities for networking between organizations across the value chain, governments, investors, industry and academia from the local to global level;
- Applied research to fill knowledge gaps and offer recommendations on how best to address key productivity-related issues as well as efficiency or optimization issues;
- Organization and execution of pilots and demonstrations;
- Education and training to improve agri-food businesses' productivity, including support for re-skilling, up-skilling and hiring;
- Surveillance, monitoring and risk assessments to identify emerging productivity trends, develop best practices and model economic impacts of productivity issues;
- Purchase and installation of new technologies and software systems to increase automation and labour productivity to meet market demand;
- Commercialization of technologies, equipment or processes that improve agri-business productivity, including resource efficiencies such as energy, natural resources and inputs that impact environmental outcomes;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to productivity; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Productivity Designated Program or any Initiative Guidelines for any Initiative established under the Productivity Designated Program,
provided that activity falls within the purpose of the Productivity Designated Program, as set out under section 94 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 96(a) to 96(m) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Productivity Designated Program or any Initiative Guidelines for an Initiative established under the Productivity Designated Program; or
- Do not fall within the purpose of the Productivity Designated Program, as set out under section 94 of this Order,
are ineligible under the Productivity Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Productivity Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.13 — The Business Assessment Designated Program
Establishment of Designated Program
- The Business Assessment Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Business Assessment Designated Program is to facilitate proactive risk management for better agri-food business decision-making which could lead to reduced reliance on other risk management techniques/programs and increases the overall business competitiveness and resilience.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Business Assessment Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position, is the Designated Program Director for the Business Assessment Designated Program.
(3) The Manager of the Ministry's Business Development and Investment Unit, including any acting Manager of the Ministry's Business Development and Investment Unit as well as any successor position, is the Designated Program Manager for the Business Assessment Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Business Assessment Designated Program, including any Initiative established thereunder:
- Developing written business plans and strategies or assessments;
- Third-party advisory costs to develop:
- Expansion plans and/or evaluate business opportunities,
- Human resources plans,
- Risk management plans,
- Business plans,
- Feasibility plans,
- Diversification plans,
- Financial analysis, including for financial difficulties due to internal and external factors,
- Assessments, including needs or risk assessments,
- Advisory services to acquire certifications and assurance systems,
- Needs assessments for process and product diversification, and
- Assessments and plans to improve diversity, equity and inclusion;
- Leadership development, including for youth;
- Education and training to improve agri-food business awareness and understanding of business and business-related planning best practices, leadership development and productivity considerations;
- Applied research to garner intelligence on business development and management issues;
- Market analysis for product and market diversification, including for new supply chain opportunities;
- Planning and implementation of enterprise resource planning for data technology to support business decision making;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to business assessment; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Business Assessment Designated Program or any Initiative Guidelines for any Initiative established under the Businesses Assessment Designated Program,
provided that activity falls within the purpose of the Business Assessment Designated Program, as set out under section 100 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 102(a) to 102(i) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Business Assessment Designated Program or any Initiative Guidelines for an Initiative established under the Business Assessment Designated Program; or
- Do not fall within the purpose of the Business Assessment Designated Program, as set out under section 100 of this Order,
are ineligible under the Business Assessment Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Business Assessment Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.14 — The Indigenous Agriculture and Food Development and Growth Designated Program
Establishment of Designated Program
- The Indigenous Agriculture and Food Development and Growth Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Indigenous Agriculture and Food Development and Growth Designated Program is to improve Indigenous peoples' participation in the Sector and removing barriers to participation in the Sector.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Indigenous Agriculture and Food Development and Growth Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position, is the Designated Program Director for the Indigenous Agriculture and Food Development and Growth Designated Program.
(3) The Manager of the Ministry's Community Economic Development Unit, including any acting Manager of the Ministry's Community Economic Development Unit as well as any successor position, is the Designated Program Manager for the Indigenous Agriculture and Food Development and Growth Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Indigenous Agriculture and Food Development and Growth Designated Program, including any Initiative established thereunder:
- Building Indigenous organization/community capacity to understand agri-food opportunities and barriers;
- Building on and establishing new relationships to leverage existing resources and networks;
- Developing and implementing practices, purchase equipment, adopt technologies and automation to improve agri-food outcomes for Indigenous businesses and communities;
- Agri-food assessments, advisory services, audits, planning activities and installation of existing, new or upgraded technology, equipment and software systems to support Indigenous-identified agri-food priorities;
- Purchasing of structures or equipment that contribute to increased Indigenous participation in the sector or that increases local food supply, which may include modifications, additions or retrofits to a building for agri-food production, storage or processing;
- Educating and training activities, including Indigenous-led, to increase awareness and improve agri-food knowledge/agri-food capacity building;
- Indigenous knowledge sharing, including the provision of honoraria to those Indigenous individuals sharing their knowledge;
- Research to fill knowledge gaps and offer recommendations on how best to address agri-food priority areas;
- Pilots, demonstrations, pre-commercialization and commercialization of innovative technology, processes and equipment;
- Surveilling, monitoring and risk assessments to identify emerging trends and develop best practices;
- Commercialization of techniques, equipment or processes that improve agri-food business productivity, including resource efficiencies;
- Developing policy and programs as well as co-ordination and evaluation related to Indigenous agriculture;
- Operation and/or maintenance costs that reduce barriers to entry;
- Tailored awareness-building content for Indigenous farmers and processors with considerations made for Indigenous youth;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to Indigenous Peoples' agricultural successes; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Indigenous Agriculture and Food Development and Growth Designated Program or any Initiative Guidelines for any Initiative established under the Indigenous Agriculture and Food Development and Growth Designated Program,
provided that activity falls within the purpose of the Indigenous Agriculture and Food Development and Growth Designated Program, as set out under section 106 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 108(a) to 108(p) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Indigenous Agriculture and Food Development and Growth Designated Program or any Initiative Guidelines for an Initiative established under the Indigenous Agriculture and Food Development and Growth Designated Program; or
- Do not fall within the purpose of the Indigenous Agriculture and Food Development and Growth Designated Program, as set out under section 106 of this Order,
are ineligible under the Indigenous Agriculture and Food Development and Growth Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- Indigenous Peoples are eligible to participate in the Indigenous Agriculture and Food Development and Growth Designated Program, including any Initiative established thereunder.
Part V.15 — The Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program
Establishment of Designated Program
- The Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program is to increase capacity to develop, enhance, and implement effective protection and risk resilience practices and activities related to food safety as well as animal health and welfare to mitigate real and potential risks and ensure integrity across the agri-food system.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Food Safety and Environment Division, including any acting Assistant Deputy Minister of the Ministry's Food Safety and Environment Division as well as any successor position, is the Designated Program Administrator for the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program.
(2) The:
- Director of the Ministry's Food Safety Systems Development Branch, including any acting Director of the Ministry's Food Safety Systems Development Branch as well as any successor position; and
- (b) Director of the Ministry's Animal Health and Welfare Branch, including any acting Director of the Ministry's Animal Health and Welfare Branch as well as any successor position,
are the Designated Program Directors for the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program.
(3) The
- Manager of the Ministry's Food Safety Programs Unit, including any acting Manager of the Ministry's Food Safety Programs Unit as well as any successor position;
- Manager of the Ministry's Program Coordination Unit, including any acting Manager of the Ministry's Program Coordination Unit as well as any successor position; and
- Manager of the Ministry's Strategies, Programs and Issues Unit, including any acting Manager of the Ministry's Strategies, Programs and Issues Unit as well as any successor position,
are the Designated Program Managers for the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program, including any Initiative established thereunder:
- Adopting assurance systems, certification systems and best practices that improve food safety, and/or animal health and welfare, which include consumer and/or market attributes;
- Adopting assurance systems and best practices along the value chain that improve food safety, and/or animal health and welfare, including higher food safety standards, codes of practice, certification/audit programs and risk preparedness and resilience practices that address consumer confidence and public trust;
- Developing tools and resources to identify, evaluate and address risks and promote practices or systems that support risk-resilience and integrity across the Sector;
- Making operational changes that improve protection and risk resilience outcomes for food safety, and/or animal health and welfare, which may include equipment purchases or upgrades, facility improvements or emergency management activities;
- Monitoring, surveillance, data collection, lab testing and analysis, including development and/or improvements to diagnostic tools, processes, equipment or capacity to improve the agri-food system's ability to detect, predict and manage risks;
- Information management and risk sharing platforms which increase co-ordination and efficacy of protection and risk resilience activities;
- Sector innovation to increase food safety, and/or animal health and welfare, including activities along the innovation development and commercialization/adoption continuum and digital accessibility;
- Promoting knowledge translation and transfer activities, awareness, training, resources, education, skill development and advisory services to support industry to understand risks, risk management/mitigation strategies, close knowledge gaps, adopt best practices, improve food safety culture, improve biosecurity, prepare for emergencies and enhance the capacity to manage deadstock;
- Applied research or modeling to fill knowledge gaps, test proof of concepts and develop innovative alternatives, technologies or management practice;
- Sector-led research, pilot projects and demonstrations related to protection and risk resilience;
- Developing policy and programs, co-ordination and evaluation activities related to protection and risk resilience;
- Upgrading protection and risk resilience systems or activities while encouraging modernization and sector productivity through the adoption of technology-based solutions, self-assurance and monitoring;
- Emergency preparedness activities and adoption of technology-based solutions to improve the Sector's ability to anticipate and respond quickly to risks and engage in self-assurance/monitoring actions;
- Addressing specific gaps in food safety, and/or animal health and welfare;
- Audits to better understand facility or Sector needs to encourage adoption of relevant best practices;
- Developing integrated networks of protection and risk resilience which incorporates expert oversight, information and data networks as well as development of processes to provide advice and Sector co-ordination;
- Developing organizational capacity to support protection and risk resilience best practices;
- Addressing diversity, equity and inclusion, including operational and maintenance costs, to reduce barriers to entry and assist underrepresented or marginalized groups;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to protection and risk resilience and food safety and animal health and welfare; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program or any Initiative Guidelines for any Initiative established under the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program,
provided that activity falls within the purpose of the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program, as set out under section 112 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 114(a) to 114(t) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program or any Initiative Guidelines for an Initiative established under the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program; or
- Do not fall within the purpose of the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program, as set out under section 112 of this Order,
are ineligible under the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Protection and Risk Resilience: One Health, Food Safety and Animal Health Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.17 — The Protection and Risk Resilience: Plant Health Designated Program
Establishment of Designated Program
- The Protection and Risk Resilience: Plant Health Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Protection and Risk Resilience: Plant Health Designated Program is to increase capacity to develop, enhance, and implement effective protection and risk resilience practices and activities related to plant health to mitigate real and potential risks and ensure integrity across the agri-food system.
Administration of the Designated Program
-
(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Economic Development Division as well as any successor position, is the Designated Program Administrator for the Protection and Risk Resilience: Plant Health Designated Program.
(2) The Director of the Ministry's Agricultural Development Branch, including any acting Director of the Ministry's Agricultural Development Branch as well as any successor position, is the Designated Program Director for the Protection and Risk Resilience: Plant Health Designated Program.
(3) The:
- Manager of the Ministry's Field Crops Unit, including any acting Manager of the Ministry's Field Crops Unit as well as any successor position; and
- Manager of the Ministry's Horticulture Technology Unit, including any acting Manager of the Ministry's Horticulture Technology Unit as well as any successor position,
are the Designated Program Managers for the Protection and Risk Resilience: Plant Health Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Protection and Risk Resilience: Plant Health Designated Program, including any Initiative established thereunder:
- Adopting assurance systems, certification systems and best practices that improve plant health
- Adopting assurance systems and best practices along the value chain, including higher food safety standards, codes of practices, certification/audit programs and risk preparedness and resilience practice that address consumer confidence and public trust;
- Developing tools and resources to identify, evaluate and address risks and promote practices or systems that support risk-resilience and integrity across the agri-food system;
- Making operational changes that improve protection and risk resilience outcomes for plant health which may include equipment purchases or upgrades, facility improvements or emergency management activities management;
- Monitoring, surveillance, data collection, lab testing and analysis, including development and/or improvements to diagnostic tools, processes, equipment or capacity to improve the agri-food system's ability to detect, predict and manage risks;
- Information management and risk sharing platforms that increase co-ordination and efficacy of protection and risk resilience activities;
- Sector innovation to increase plant health including activities along the innovation development and commercialization/adoption continuum and digital accessibility;
- Promoting knowledge translation and transfer activities, awareness, training, resources, education, skill development and advisory services to support the Sector in understanding risks, risk management/mitigation strategies, close knowledge gaps, adopt best practices and align with the National Plant and Animal Health Strategy;
- Applied research or modeling to fill knowledge gaps, test proof of concepts and develop innovative alternatives, technologies or management practice;
- Sector-led research, pilot projects and demonstrations related to protection and risk resilience;
- Developing policy and programs, co-ordination and evaluation activities related to protection and risk resilience;
- Upgrading protection and risk resilience systems or activities while encouraging modernization and Sector productivity through the adoption of technology-based solutions, self-assurance and monitoring;
- Emergency preparedness activities and adoption of technology-based solutions to improve the Sector's ability to anticipate and respond quickly to risks and engage in self-assurance/monitoring actions;
- Addressing specific gaps in plant health;
- Audits to better understand facility or Sector needs to encourage adoption of relevant best practices;
- Developing integrated networks of protection and risk resilience which incorporates expert oversight, information and data networks as well as development of processes to provide advice and Sector co-ordination;
- Developing organizational capacity to support protection and risk resilience best practices;
- Addressing diversity, equity and inclusion, including operational and maintenance costs, to reduce barriers of entry and assist underrepresented or marginalized groups;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to protection and risk resilience, and plant health; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Protection and Risk Resilience: Plant Health Designated Program or any Initiative Guidelines for any Initiative established under the Protection and Risk Resilience: Plant Health Designated Program,
provided that activity falls within the purpose of the Protection and Risk Resilience: Plant Health Designated Program, as set out under section 118 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 120(a) to L120(t) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Protection and Risk Resilience: Plant Health Designated Program or any Initiative Guidelines for an Initiative established under the Protection and Risk Resilience: Plant Health Designated Program; or
- Do not fall within the purpose of the Protection and Risk Resilience: Plant Health Designated Program, as set out under section 118 of this Order,
are ineligible under the Protection and Risk Resilience: Plant Health Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Protection and Risk Resilience: Plant Health Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part V.18 — The Health, Safety and Mental Health Designated Program
Establishment of Designated Program
- The Health, Safety and Mental Health Designated Program is established as of the date this Order comes into force and effect.
Purpose of the Designated Program
- The purpose of the Health, Safety and Mental Health Designated Program is to:
- Protect the physical health and safety of Sector workers by considering the working environment (e.g., air quality, extreme temperatures), the safety of structures, equipment, and machinery, as well as workers' skills; and
- Protect the mental health of Primary Producers, their family members and agriculture and agri-food workers.
Administration of the Designated Program
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(1) The Assistant Deputy Minister of the Ministry's Economic Development Division, including any acting Assistant Deputy Minister of the Ministry's Economic Development Division as well as any successor position, is the Designated Program Administrator for the Health, Safety and Mental Health Designated Program.
(2) The Director of the Ministry's Labour, Trade and Economic Development Branch, including any acting Director of the Ministry's Labour, Trade and Economic Development Branch as well as any successor position, is the Designated Program Director for the Health, Safety and Mental Health Designated Program.
(3) The Manager of the Ministry's Community Economic Development Unit, including any acting Manager of the Ministry's Community Economic Development Unit as well as any successor position, is the Designated Program Manager for the Health, Safety and Mental Health Designated Program.
Eligible and Ineligible Activities under the Designated Program
Eligible Activities
- The following activities are eligible to be undertaken under the Health, Safety and Mental Health Designated Program, including any Initiative established thereunder:
- Improving Sector workplace and worker health, mental health, safety and well-being;
- Addressing Sector workers' accommodations as well as health, safety and well-being;
- Developing strategies and frameworks to improve health, mental health and safety for the Sector;
- Developing and supporting a mental health strategy for Sector workers and their families, including focused support for Indigenous Peoples, women and youth as well as other underrepresented or marginalized groups;
- Supporting mental health through the facilitation of communities of practice, advocacy, development and promotion of programming and/or resources as well as coordination of all aspects related to agriculture and agri-food mental health responses and collaborations;
- Applied research to monitor and better understand the unique needs and effective, tailored supports for workers' mental health within the Sector;
- Supporting awareness campaigns for health, mental health, safety and well-being of workers in the Sector;
- Connecting individuals to qualified mental health professionals in local communities, information about financial, mental health and safety supports or best management practices;
- Developing policy and programs as well as co-ordination and evaluation for worker safety and mental health;
- Developing and delivery of training in health, mental health, safety and well-being;
- Improving workers' health, safety and/or working/living conditions, including employer-provided housing, for workers in the Sector;
- Developing and maintaining a registry of employers of international agri-food workers;
- Communicating success stories that build public trust and improve understanding of the Sector's successes related to health and safety as well as mental health for workers and their families within the Sector; and
- Any activity set out in:
- A Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement, or
- Any Designated Program Guidelines for the Health, Safety and Mental Health Designated Program or any Initiative Guidelines for any Initiative established under the Health, Safety and Mental Health Designated Program,
provided that activity falls within the purpose of the Health, Safety and Mental Health Designated Program, as set out under section 124 of this Order.
Ineligible Activities
- Activities that:
- Are not set out under sections 126(a) to 126(n) of this Order;
- Are not set out in a Recipient's Transfer Payment Agreement or a Vendor's Service Level Agreement;
- Are not set out in any Designated Program Guidelines for the Health, Safety and Mental Health Designated Program or any Initiative Guidelines for an Initiative established under the Health, Safety and Mental Health Designated Program; or
- Do not fall within the purpose of the Health, Safety and Mental Health Designated Program, as set out under section 124 of this Order,
are ineligible under the Health, Safety and Mental Health Designated Program, including any Initiatives established thereunder.
Eligible Persons under the Designated Program
- The following are eligible to participate in the Health, Safety and Mental Health Designated Program, including any Initiative established thereunder:
- Primary Producers;
- Processors;
- Industry Organizations;
- Research Bodies;
- Retailer/Wholesalers;
- Service Providers;
- P/T/M Governments; and
- Indigenous Peoples.
Part VI — Operation of Designated Programs
Part VI.1 — No Initiatives Required for Designated Programs
- A Designated Program may operate with or without an Initiative being established thereunder.
- The Program Administrator, Designated Program Administrator, Designated Program Director or Designated Program Manager may:
- Obtain goods, services or both via a Service Level Agreement, provided they comply with the requirements set out under section 138 of this Order in relation to that Service Level Agreement; and
- Provide Designated Program Payments to a Person via a Transfer Payment Agreement upon application or their own initiative, provided they comply with the requirements set out under section 139 of this Order in relation to that Transfer Payment Agreement.
Part VI.2 — Designated Program Guidelines
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(1) The Program Administrator may create, or cause to be created, Designated Program Guidelines that apply to all Designated Programs under the Program. The Designated Program Guidelines will not conflict with anything contained in this Order. For the purposes of determining whether the Designated Program Guidelines conflict with this Order, a conflict will exist if the Designated Program Guidelines provide for something that is prohibited under this Order or if the Designated Program Guidelines provide that something is not needed which this Order requires.
(2) The Program Administrator's authority to create, or cause to be created, Designated Program Guidelines includes the authority to set out, or cause to be set out, requirements, terms and conditions in relation to:
- Any applicable administrative deadlines;
- Information regarding what an Applicant should submit when making a request for funding under a Designated Program;
- The criteria with which an Applicant's application will be evaluated;
- Setting out Eligible Costs and Ineligible Costs for all Designated Programs;
- Any additional reporting and audit requirements for the Designated Programs than what is already set out under this Order;
- Setting out any requirements for the Designated Program that must be set out in the Designated Program Guidelines under this Order in the Designated Program Guidelines; and
- Establishing any other requirements, terms or conditions that are reasonably necessary for the successful administration and delivery of the Designated Program.
(3) Where the Program Administrator creates Designated Program Guidelines, the Program Administrator will post, or cause to be posted, the Designated Program Guidelines on the Ministry's website.
(4) The Program Administrator may amend the Designated Program Guidelines or cause them to be amended. Where the Designated Program Guidelines are amended, the following applies:
- The Program Administrator will post, or cause to be posted, the amended Designated Program Guidelines on the Ministry's website; and
- Any changes to the Initiative Guideline will not have any retroactive effect.
(5) For greater certainty:
- The Program Administrator is not required to create, or cause to be created, Designated Program Guidelines for the Designated Programs to operate; and
- In the event Designated Program Guidelines are created, they will not prevent the Program Administrator, Designated Program Administrator or Designated Program Director from providing funds to a Person that did not apply to receive funds under a Designated Program.
Part VI.3 — Eligibility Requirements and Loss of Eligibility
Eligibility Requirements
- (1) To be eligible to enter a Service Level Agreement under a Designated Program, a Person will:
- Be undertaking an Eligible Activity under the Designated Program;
- Provide:
- Its CRA BN, or
- Its SIN if that Person is not eligible to receive a CRA BN and that Person is eligible to receive a Designated Program Payment prior to receiving that Designated Program Payment;
- Be in compliance with the following for its business operations at the time of signing the Service Level Agreement:
- Environmental-related Requirements of Law,
- Labour-related Requirements of Law,
- Tax-related Requirements of Law, and
- Material compliance with all other Requirements of Law;
- Not be, nor will any of its officers, directors or employees, if any, be a current or former federal public office holder or federal public servant, or if the Person is, including any officer, director or employee, if any, of the Person, that Person, or that officer, director or employee of the Person, if any, is in compliance with the Conflict of Interest Act (Canada), the Conflict of Interest Code for Members of the House of Comments (Canada), the Values and Ethics Code for the Public Sector (Canada) and the Policy on Conflict of Interest and Post-employment (Canada), as applicable;
- Not be, nor will any officer, director or employee of the Person, if any, be a member of the House of Comments on the Senate, or, if the Person is, or any officer, director or employee of the Person, if any, is, the Person, or the officer, director or employee of the Person, if any, is permitted under the Parliament of Canada Act (Canada) to receive funding from Canada under the Program;
- Agree that any intellectual property rights arising from their Service Level Agreement belongs to them;
- Agree the C-Crown or the O-Crown may publish information about the Service Level Agreement, including:
- The deliverables being provided,
- The Service Level Agreement,
- The name of the Person providing the deliverables,
- The amount of funding the Crown provided, and
- The outcome from the Service Level Agreement;
- Meet any additional eligibility requirements set out in the Designated Program Guidelines; and
- Agree to be bound by the terms and conditions of the:
- Designated Program, as set out in this Order, and
- The Service Level Agreement.
(2) To be eligible to enter into a Transfer Payment Agreement under a Designated Program, that Person will:
- Be an Eligible Person under the applicable Designated Program;
- Be undertaking an Eligible Activity under the applicable Designated Program;
- Be registered with Transfer Payment Ontario;
- Be registered with Supply Chain Ontario to receive direct deposits.
- Provide:
- Its CRA BN, or
- Its SIN if that Person is not eligible to receive a CRA BN and that Person is eligible to receive a Designated Program Payment prior to receiving that Designated Program Payment;
- Be in compliance with the following for its business operations at the time of signing the Transfer Payment Agreement:
- Environmental-related Requirements of Law,
- Labour-related Requirements of Law,
- Tax-related Requirements of Law, and
- Material compliance with all other Requirements of Law;
- Not be, nor will any of its officers, directors or employees, if any, be a current or former federal public office holder or federal public servant, or if the Person is, including any officer, director or employee, if any, of the Person, that Person, or that officer, director or employee of the Person, if any, is in compliance with the Conflict of Interest Act (Canada), the Conflict of Interest Code for Members of the House of Comments (Canada), the Values and Ethics Code for the Public Sector (Canada) and the Policy on Conflict of Interest and Post-employment (Canada), as applicable;
- Not be, nor will any officer, director or employee of the Person, if any, be a member of the House of Comments on the Senate, or, if the Person is, or any officer, director or employee of the Person, if any, is, the Person, or the officer, director or employee of the Person, if any, is permitted under the Parliament of Canada Act (Canada) to receive funding from Canada under the Program;
- Agree that any intellectual property rights arising from their Transfer Payment Agreement belongs to them;
- Agree the C-Crown or the O-Crown may publish information about the Transfer Payment Agreement, including:
- The Project,
- The Transfer Payment Agreement,
- The name of the Person providing undertaking the Project,
- The amount of funding the Crown provided, and
- The outcome from the Project;
- Meet any additional eligibility requirements set out in the Designated Program Guidelines; and
- Agree to be bound by the terms and conditions of the:
- Designated Program, as set out in this Order, and
- The Transfer Payment Agreement.
(3) Where a Person applies to receive funding from a Designated Program and the Program Administrator has created Designated Program Guidelines, that Person will also meet any requirements set out in the Designated Program Guidelines in addition to what is set out under section 132(2) of this Order before being eligible to enter a Transfer Payment Agreement.
(4) Applying to a Designated Program for funding does not create a legal, equitable or other right to enter a Transfer Payment Agreement under that or any other Designated Program.
Loss of Eligibility
- Any Person that the Designated Program Administrator found willfully provided false or misleading information under a Designated Program:
- Will lose their ability to participate in that Designated Program or will have their eligibility to participate in that Designated Program revoked while this Order is in effect as well as any other Designated Program the Designated Program Administrator decides is appropriate;
- Will have their Service Level Agreement or Transfer Payment Agreement terminated; and
- Will repay any Designated Program Payments received under the Designated Program.
- Any Person that the Designated Program Administrator found negligently provided false or misleading information or acted in a negligent manner in allowing false or misleading information to be submitted on their behalf under a Designated Program:
- May, if the Designated Program Administrator decides it is appropriate, lose their ability to participate in that Designated Program or may have their eligibility to continue to participate in that Designated Program revoked for the remainder of the calendar year in which the false or misleading information was negligently provided as well as any longer period of time the Designated Program Administrator decides is appropriate;
- May, if the Designated Program Administrator decides it is appropriate, have their Service Level Agreement or Transfer Payment Agreement terminated; and
- Will repay any Designated Program Payments received under the Designated Program related to the false or misleading information that was negligently provided.
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(1) Any Person that the Designated Program Director found to be abusive toward any individual responsible for delivering the Designated Program will receive one written warning from the Designated Program Director. If the Designated Program Administrator finds that Person continued with their abusive behaviour after receiving a written warning from the Designated Program Director, the Designated Program Administrator may revoke that Person's ability to participate in the Designated Program for one year following the continued abusive behaviour as well as any longer period of time the Designated Program Administrator decides is appropriate. Where a Person loses their eligibility to participate in the Designated Program, any Service Level Agreement or Transfer Payment Agreement entered with that Person under that Designated Program will be terminated.
(2) In the event the Designated Program Administrator has previously found a Person to be ineligible to participate in the Designated Program pursuant to section 135(1) of this Order and the Designated Program Administrator finds that Person is again abusive toward any individual responsible for delivering the Designated Program after being allowed to participate in the Designated Program, the Designated Program Administrator may revoke that Person's ability to participate in the Program while this Order is in effect or such other lesser time as the Designated Program Administrator decides is appropriate. Where a Person loses their eligibility to participate in a Designated Program or the Program, any Service Level Agreement or Transfer Payment Agreement entered with that Person under that Designated Program will be terminated.
- A Person may lose their ability to participate in a Designated Program or may have their eligibility to participate in the Designated Program revoked where the Designated Program Administrator finds they:
- Owe a debt to the C-Crown or the O-Crown and are not in a repayment plan with C-Crown or the O-Crown, including an agent of the C-Crown or the O-Crown; or
- Are not in compliance with any repayment plan they have with the C-Crown or the O-Crown, including an agent of the C-Crown or the O-Crown.
Where a Person loses their eligibility to participate in the Designated Program, any Service Level Agreement or Transfer Payment Agreement entered with that Person under that Designated Program will be terminated.
- (1) A Person may have their eligibility to participate in a Designated Program revoked where the Designated Program Administrator finds they failed to:
- Continue to meet any eligibility requirements while participating in the Designated Program; or
- Remain in compliance with the following for its business operations while participating in the Designated Program:
- Environmental-related Requirements of Law,
- Labour-related Requirements of Law,
- Tax-related Requirements of Law, and
- Material compliance with all other Requirements of Law.
Where a Person loses their eligibility to participate in a Designated Program, any Service Level Agreement or Transfer Payment Agreement entered with that Person under that Designated Program will be terminated.
Part VI.4 — Agreements
Service Level Agreements
- (1) The Program Administrator, Designated Program Administrator or Designated Program Director may enter a Service Level Agreement with a Vendor for the purposes of obtaining goods, services or both in relation to that Designated Program, provided:
- The total costs for the goods, services or both, being obtained under that Service Level Agreement falls within that person's DOFMA;
- The goods, services or both fall within the purpose of the Designated Program; and
- The Program Administrator, Designated Program Administrator or Designated Program Director is, as the case may be, of the opinion that obtaining the specialized knowledge or the goods, services or both is reasonably necessary for the successful operation of the Designated Program.
(2) The Program Administrator, Designated Program Administrator or Designated Program Director may, as the case may be, determine the terms and conditions of any Service Level Agreement they enter pursuant to section 138(1) of this Order, provided the terms and conditions of that Service Level Agreement are substantially similar.
(3) Despite section 138(2) of this Order, the Program Administrator, Designated Program Administrator or Designated Program Director may, as the case may be, include specific provisions within a particular Service Level Agreement to address any unique situations or risks that Program Administrator, Designated Program Administrator or Designated Program Director has identified regarding the Service Level Agreement they want to enter pursuant to section 138(1) of this Order.
Transfer Payment Agreements
- (1) The Program Administrator, Designated Program Administrator or Designated Program Director may enter a Transfer Payment Agreement with any Person for the purposes of allowing that Person to undertake a Project in relation to that Designated Program, provided:
- The total funds being provided under the Transfer Payment Agreement falls within that person's DOFMA;
- The Project falls within the purpose of the Designated Program; and
- The Program Administrator, Designated Program Administrator or Designated Program Director is, as the case may be, of the opinion that providing funds for that Project is reasonably necessary for the successful carrying out of the Designated Program's purpose.
(2) The Program Administrator, Designated Program Administrator or Designated Program Director may, as the case may be, determine the terms and conditions of any Transfer Payment Agreement they enter pursuant to section 139(1) of this Order, provided the terms and conditions of that Transfer Payment Agreement are substantially similar.
(3) Despite section 139(2) of this Order, the Program Administrator, Designated Program Administrator or Designated Program Director may, as the case may be, include specific provisions within a particular Transfer Payment Agreement to address any unique situations or risks that Program Administrator, Designated Program Administrator or Designated Program Director has identified regarding the Transfer Payment Agreement they want to enter pursuant to section 139(1) of this Order.
Part VI.5 — Eligible and Ineligible Costs
Eligible Costs
- Costs that are set out in any applicable Designated Program Guidelines, the Service Level Agreement or Transfer Payment Agreement.
Ineligible Costs
- (1) Costs related to the following are ineligible under a Designated Program:
- Applying to the Designated Program;
- Submitting a bid to obtain a Service Level Agreement;
- Negotiating a Service Level Agreement or a Transfer Payment Agreement;
- Lobbying any level of government in relation to the Project, obtaining Service Level Agreement or Transfer Payment Agreement, whether those costs are incurred by the Recipient, Ultimate Recipient or Vendor, including any Person employed by the Recipient, Ultimate Recipient or Vendor;
- Acquiring Capital Items, unless authorized by:
- Any applicable Designated Program Guidelines, or
- The Transfer Payment Agreement;
- Acquiring of, leasing of or construction of buildings and other facilities, including real estate fees and related costs, unless authorized by:
- Any applicable Designated Program Guidelines, or
- The Transfer Payment Agreement;
- Legal fees, unless authorized by:
- Any applicable Designated Program Guidelines, or
- The Transfer Payment Agreement;
- Transportation, meal, hotel, catering or any other hospitality, unless authorized by:
- Any Applicable Designated Program Guidelines, or
- The Transfer Payment Agreement;
- The value of in-kind goods or services provided, unless authorized by:
- Any applicable Designated Program Guidelines, or
- The Service Level Agreement or Transfer Payment Agreement;
- Coming into compliance with existing legal requirements, unless authorized by:
- Any applicable Designated Program Guidelines, or
- The Transfer Payment Agreement;
- Goods or services that are in the opinion of the Designated Program Director unreasonably incurred or unnecessary to carry out the Project or to provide any goods or services;
- Financing and loan interest payments;
- Normal and ongoing operating and business activities for the Recipient or Ultimate Recipient;
- Any credit, rebate or refund, including Harmonized Sales Tax, the Recipient, Ultimate Recipient or Vendor is eligible to receive, whether the Recipient, Ultimate Recipient or the Vendor applied for the credit, rebate or refund;
- Goods or services where the total funding a Recipient or Ultimate Recipient receives from any level of government exceeds:
- One hundred percent (100%), or
- Seventy-five percent (75%) for Capital Items required for a Project where the Recipient or Ultimate Recipient carries on business on a for-profit basis;
- Any goods or services not set out as being eligible in:
- Any applicable Designated Program Guidelines, or
- The Service Level Agreement or Transfer Payment Agreement; and
- Any goods or services set out as being ineligible in:
- Any applicable Designated Program Guidelines, or
- The Service Level Agreement or Transfer Payment Agreement.
(2) Without limiting anything set out in section 141(1) of this Order, any costs related to any good, service or both a Recipient obtains from third-party that is not Arm's Length from the Recipient is ineligible.
(3) Without limiting anything set out in section 141(1) of this Order, no Designated Program Administrator will allow any portion of the C-Crown's funding provided to the O-Crown pursuant to the SCAPBA to be provided back to the C-Crown.
(4) The Designated Program Administrator may, upon request, waive the prohibition set out under section 141(2) of this Order, provided:
- The waiver will not result in the O-Crown being in breach of the SCAPBA;
- The good, service or both was obtained at fair market value;
- The Designated Program Administrator is satisfied that the third-party did not receive any type of bonus or other benefit from the transaction; and
- The Designated Program Administrator is of the opinion it would be unfair to deny a waiver to the Recipient.
Part VI.6 — Designated Program Payments
- Having a Service Level Agreement or Transfer Payment Agreement under a Designated Program does not create a legal, equitable or other right to receive a Designated Program Payment.
- Despite any other provision in this Order or any applicable Designated Program Guidelines, no Designated Program Payment will be made to a Recipient or a Vendor unless that Recipient or Vendor is in compliance with all terms and conditions of the Designated Program, as set out in this Order, any applicable Designated Program Guidelines and the Service Level Agreement or Transfer Payment Agreement, as the case may be.
- A Designated Program Payment will not be assigned unless the Service Level Agreement or the Transfer Payment Agreement under which the Designated Program Payment is being provided permits otherwise.
- A Recipient that receives a Designated Program Payment will report that Designated Program Payment as income for the purposes of the Income Tax Act (Canada) if that Designated Program Payment qualifies as income under the Income Tax Act (Canada).
- Any Designated Program Payment is provided in connection with a social or economic policy and each Designated Program is a social or economic program.
Part VII — Operation of Initiatives
Part VII.1 — Establishment and Termination of Initiatives
Establishment of an Initiative
- (1) The Designated Program Administrator may establish an Initiative under an assigned Designated Program, provided the Initiative falls within the purpose of that Designated Program.
(2) The Designated Program Administrator will only establish an Initiative via Initiative Guidelines.
(3) An Initiative will not commence until the Initiative Guidelines have been:
- Approved by:
- The Designated Program Administrator, where the Ministry is delivering the Initiative, or
- The Administrator, where an Administrator is delivering the Initiative; and
- Posted on:
- The Ministry's website, where the Ministry is delivering the Initiative, or
- The Administrator's website, where an Administrator is delivering the Initiative.
- Approved by:
- The Designated Program Administrator will not establish, or allow to be established, an Initiative retroactively.
Termination of an Initiative
- The Designated Program Administrator may terminate an Initiative that Designated Program Administrator established pursuant to section 147 of this Order if that Designated Program Administrator believes the Initiative is not meeting its intended purpose. Where the Designated Program Administrator terminates an Initiative, the following applies:
- The Designated Program Administrator will post, or cause to be posted, a notice on the Ministry's website where a copy of this Order is posted as well as where the Initiative Guidelines for the Initiative are posted, setting out that the Initiative has been terminated and the date on which the Initiative was terminated; or
- The Designated Program Administrator will cause the Administrator to post a notice on the Administrator's website where the Initiative Guidelines for the Initiative are posted setting out that the Initiative has been terminated and the date on which the Initiative was terminated; and
- Any Eligible Costs submitted to the Ministry or the Administrator for, as the case may be, the Initiative before the Initiative was terminated will be paid, even if the claim for those Eligible Costs is not submitted until after the Initiative was terminated, provided the claim for those Eligible Costs was submitted within thirty (30) Business Days after the Initiative was terminated.
Part VII.2 — Initiative Guidelines
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(1) The Designated Program Administrator will create or cause to be created Initiative Guidelines for each Initiative established under an assigned Designated Program. The Initiative Guidelines will not conflict with anything contained in this Order. For the purposes of determining whether the Initiative Guidelines conflict with this Order, a conflict will exist if the Initiative Guidelines provide for something that is prohibited under this Order or if the Initiative Guidelines provide that something is not needed which this Order requires.
(2) The Designated Program Administrator's authority to create, or cause to be created, Initiative Guidelines for each Initiative established under an assigned Designated Program includes the authority to set out, or cause to be set out, the requirements, terms and conditions in relation to:
- Administrative deadlines;
- Any criteria by which an Applicant's application will be evaluated;
- Placing limits on the number of applications an Applicant may submit under the Initiative;
- Setting out Eligible Costs and Ineligible Costs for the Initiative;
- Setting out Eligible Activities for the Initiative;
- Establishing the requirements, terms and conditions for any Initiative Payments that may be made, including:
- The methodology by which Initiative Payments may be calculated, including the applicable Cost Share,
- Minimum Initiative Payments,
- Maximum Initiative Payments,
- The timing of Initiative Payments, and
- Whether Initiative Payments can be assigned;
- Additional reporting and audit requirements for the Initiative than what is already set out under this Order;
- Setting out how documents are to be submitted under the Initiative;
- Setting out any requirements for the Initiative that must be set out in the Initiative Guidelines under this Order; and
- Establishing any other requirements, terms or conditions that are reasonably necessary for the successful administration and delivery of the Initiative.
(3) The Designated Program Administrator will:
- Post the Initiative Guidelines, or cause them to be posted, on the Ministry's website where the Ministry is delivering the Initiative; or
- Require the Administrator, or cause the Administrator to be required, to post the Initiative Guidelines on the Administrator's website where an Administrator is delivering the Initiative.
(4) The Designated Program Administrator may amend the Initiative Guidelines or cause them to be amended. Where the Initiative Guidelines are amended, the following applies:
- The Program Administrator will:
- Post the amended Initiative Guidelines, or cause them to be posted, on the Ministry's website where the Ministry is delivering the Initiative, or
- Require the Administrator, or cause the Administrator to be required, to post the amended Initiative Guidelines on the Administrator's website where an Administrator is delivering the Initiative; and
- Any changes to the Initiative Guideline will not have any retroactive effect.
Part VII.3 — Eligibility Requirements and Loss of Eligibility
Eligibility Requirements
- (1) No Applicant will be eligible to participate in an Initiative unless that Applicant:
- Is an Eligible Person under the applicable Designated Program in which the Initiative is established;
- Is undertaking an Eligible Activity under the applicable Designated Program in which the Initiative is established;
- Applies to the Initiative using an Initiative Director-approved or an Administrator-approved application, as the case may be;
- Submits a completed application form for the Initiative by the deadline set out in the Initiative Guidelines;
- Provides:
- Its CRA BN, or
- Its SIN if the Applicant is not eligible to receive a CRA BN and the Applicant is found eligible to participate in the Initiative as well as receive an Initiative Payment prior to receiving the Initiative Payment;
- Is in compliance with the following for its business operations at the time of applying to the Initiative:
- Environmental-related Requirements of Law,
- Labour-related Requirements of Law,
- Tax-related Requirements of Law, and
- Material compliance with all other Requirements of Law;
- Is not, nor will any of its officers, directors or employees, if any, be a current or former federal public office holder or federal public servant, or if the Person is, including any officer, director or employee, if any, of the Person, that Person, or that officer, director or employee of the Person, if any, is in compliance with the Conflict of Interest Act (Canada), the Conflict of Interest Code for Members of the House of Comments (Canada), the Values and Ethics Code for the Public Sector (Canada) and the Policy on Conflict of Interest and Post-employment (Canada), as applicable;
- Is not, nor will any officer, director or employee of the Person, if any, be a member of the House of Comments on the Senate, or, if the Person is, or any officer, director or employee of the Person, if any, is, the Person, or the officer, director or employee of the Person, if any, is permitted under the Parliament of Canada Act (Canada) to receive funding from Canada under the Program;
- Agrees that any intellectual property rights arising from their Project, should the Applicant be found to be eligible to participate in the Initiative as well as receive an Initiative Payment, belongs to the Applicant;
- Agrees that the C-Crown or the O-Crown may, should the Applicant be found to be eligible to participate in the Initiative as well as receive an Initiative Payment, publish information, including:
- Project-related information,
- The Transfer Payment Agreement, if any,
- The name of the Applicant (now Recipient),
- The amount of funding the Crown provided, and
- The outcome of the Project;
- Meets any additional eligibility requirements set out in the Initiative Guidelines; and
- Agrees to be bound by the terms and conditions of the Initiative, as set out in this Order and the Initiative Guidelines.
(2) Applying to the Initiative does not create a legal, equitable or other right to participate in the Initiative.
Loss of Eligibility
- An Applicant, Recipient or Ultimate Recipient that the Designated Program Administrator found willfully provided false or misleading information under the Initiative:
- Will lose their ability to participate in the Initiative or will have their eligibility to participate in the Initiative revoked as well as any other Initiative or Designated Program the Designated Program Administrator decides is appropriate;
- Will have any Transfer Payment Agreement they entered under that Initiative terminated; and
- Will repay any Initiative Payments received under the Initiative.
- An Applicant, Recipient or Ultimate Recipient that the Designated Program Administrator found negligently provided false or misleading information or acted in a negligent manner in allowing false or misleading information to be submitted on their behalf under the Initiative:
- May, if the Designated Program Administrator decides it is appropriate, lose their ability to participate in the Initiative or may have their eligibility to continue to participate in the Initiative revoked as well as any other Initiative or Designated Program the Designated Program Administrator decides is appropriate;
- May have any Transfer Payment Agreement they entered under that Initiative terminated; and
- Will repay any Initiative Payments received under the Initiative related to the false or misleading information that was negligently provided.
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(1) An Applicant, Recipient or Ultimate Recipient that the Initiative Director has found to be abusive toward any individual responsible for delivering an Initiative will receive one written warning from the Initiative Director. If the Designated Program Administrator finds that Applicant, Recipient or Ultimate Recipient continued with their abusive behaviour after receiving the written warning from the Initiative Director, the Designated Program Administrator may revoke their ability to participate in the Initiative for the remainder of the Initiative as well as any other Initiative or Designated Program the Designated Program Administrator decides is appropriate. Where a Recipient or Ultimate Recipient loses their eligibility to participate in an Initiative, any Transfer Payment Agreement entered with that Recipient or Ultimate Recipient under the Initiative will be terminated.
(2) In the event the Designated Program Administrator has previously found an Applicant Recipient or Ultimate Recipient to be ineligible to participate in the Initiative pursuant to section 154(1) of this Order and the Designated Program Administrator finds that Applicant, Recipient or Ultimate Recipient is again abusive toward any individual responsible for delivering the Initiative after being allowed to participate in the Initiative again, the Designated Program Administrator may revoke that Applicant, Recipient or Ultimate Recipient's ability to participate in the Program while this Order is in effect, or such other lesser time as the Designated Program Administrator decides is appropriate. Where a Recipient or Ultimate Recipient loses their eligibility to participate in an Initiative or the Program, any Transfer Payment Agreement entered with that Recipient or Ultimate Recipient under the Initiative will be terminated.
- An Applicant Recipient or Ultimate Recipient may lose their ability to participate in an Initiative or may have their eligibility to participate in an Initiative revoked where the Designated Program Administrator finds they:
- Owe a debt to the C-Crown or the O-Crown and are not in a repayment plan with C-Crown or the O-Crown, including an agent of the C-Crown or the O-Crown; or
- Are not in compliance with any repayment plan they have with the C-Crown or the O-Crown, including an agent of the C-Crown or the O-Crown.
Where a Recipient or Ultimate Recipient loses their eligibility to participate in an Initiative, any Transfer Payment Agreement entered with that Recipient or Ultimate Recipient under the Initiative will be terminated.
- (1) A Recipient or Ultimate Recipient may have their eligibility to participate in an Initiative revoked where the Designated Program Administrators finds they failed to:
- Continue to meet any eligibility requirements while participating in the Initiative; or
- Remain in compliance with the following for its business operations while participating in the Initiative:
- Environmental-related Requirements of Law,
- Labour-related Requirements of Law,
- Tax-related Requirements of Law, and
- Material compliance with all other Requirements of Law.
Where a Recipient or Ultimate Recipient loses their eligibility to participate in an Initiative, any Transfer Payment Agreement entered with that Recipient or Ultimate Recipient under that Initiative will be terminated.
Part VII.4 — Eligible and Ineligible Costs
Eligible Costs
- Costs that are set out in the Initiative Guidelines.
Ineligible Costs
- (1) Costs related to the following are ineligible under an Initiative:
- Applying to the Initiative;
- Lobbying any level of government in relation to the Project, whether those costs are incurred by a Recipient or Ultimate Recipient or any Person employed by a Recipient or Ultimate Recipient;
- Acquiring Capital Items, unless authorized by the:
- Initiative Guidelines, or
- Designated Program Administrator in writing prior to being incurred;
- Acquiring, leasing or constructing buildings and other facilities, including real estate fees and related costs, unless authorized by the:
- Initiative Guidelines, or
- Designated Program Administrator in writing prior to being incurred;
- Legal fees, unless authorized by the:
- Initiative Guidelines, or
- Designated Program Administrator in writing prior to being incurred;
- Transportation, meal, hotel, catering or other hospitality, unless authorized by the:
- Initiative Guidelines, or
- Designated Program Administrator in writing prior to being incurred;
- The value of in-kind goods or services provided, unless authorized by the:
- Initiative Guidelines, or
- Designated Program Administrator in writing prior to being incurred;
- Coming into compliance with existing legal requirements, unless authorized by the:
- Initiative Guidelines, or
- Designated Program Administrator in writing prior to being incurred;
- Goods or services that are in the opinion of the Initiative Director unreasonably incurred or unnecessary to carry out the Project;
- Financing and loan interest payments;
- Normal and ongoing operating and business activities;
- Any credit, rebate or refund, including Harmonized Sales Tax, the Recipient or Ultimate Recipient is eligible to receive, whether the Recipient or the Ultimate Recipient applied for the credit, rebate or refund;
- Goods or services where the total funding a Recipient or Ultimate Recipient receives from any level of government exceeds:
- One hundred percent (100%), or
- Seventy-five percent (75%) for Capital Items required for a Project where the Recipient or Ultimate Recipient carries on business on a for-profit basis;
- Any goods or services not set out as being eligible in the Initiative Guidelines; and
- Any goods or services set out as being ineligible in the Initiative Guidelines.
(2) Without limiting anything set out in section 158(1) of this Order, any costs related to any good, service or both a Recipient or Ultimate Recipient obtains from third-party that is not Arm's Length from the Recipient or Ultimate Recipient, as the case may be, is ineligible.
(3) Without limiting anything set out in section 158(1) of this Order, no Designated Program Administrator will allow any portion of the C-Crown's funding provided to the O-Crown pursuant to the SCAPBA to be provided back to the C-Crown.
(4) The Designated Program Administrator may, upon request, waive the prohibition set out under section 158(2) of this Order, provided:
- The waiver will not result in the O-Crown being in breach of the SCAPBA;
- The good, service or both was obtained at fair market value;
- The Designated Program Administrator is satisfied that the third-party did not receive any type of bonus or other benefit from the transaction; and
- The Designated Program Administrator is of the opinion it would be unfair to deny a waiver to the Recipient or Ultimate Recipient, as the case may be.
Part VII.5 — Payments
- Participating in an Initiative does not create a legal, equitable or other right to receive an Initiative Payment.
- Despite any other provision in this Order or any Initiative Guidelines, an Initiative Payment will not be issued to a Recipient or Ultimate Recipient unless that Recipient or Ultimate Recipient is in compliance with the terms and conditions of the Initiative, as set out in this Order, the Initiative Guidelines and any applicable Transfer Payment Agreement.
- Initiative Payments will not be assigned unless the Initiative Guidelines permits otherwise.
- A Recipient that receives an Initiative Payment under an Initiative will report that Initiative Payment as income for the purposes of the Income Tax Act (Canada) if that Initiative Payment qualifies as income under the Income Tax Act (Canada).
- Any Initiative Payment made under an Initiative is provided in connection with a social or economic policy and that each Initiative established under a Designated Program is a social or economic program.
Part VIII — Collection, Use and Disclosure of Information under the Program
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(1) The collection of certain Personal Information is necessary for the proper administration of this Program.
(2) The Designated Program Administrator will only collect or will only allow others to collect on the Designated Program Administrator's behalf the minimum amount of Personal Information necessary to meet the Designated Program's objectives or an Initiative's objectives, as the case may be.
(3) Despite section 164(1) of this Order, the Designated Program Administrator may collect or may authorize others to collect on the Designated Program Administrator's behalf demographic information about an Applicant, Recipient, Ultimate Recipient, Administrator or Vendor provided the Applicant, Recipient, Ultimate Recipient, Administrator or Vendor, as the case may be, consents to the collection of that demographic information.
(4) For greater certainty, the Designated Program Administrator will not make the collection of demographic information a requirement to participate in a Designated Program or an Initiative or receive a Designated Program Payment or an Initiative Payment, as the case may be.
- Personal Information collected from Applicants, Recipients, Ultimate Recipients, Administrators or Vendors, other than demographic information, collected pursuant to a Designated Program or an Initiative as a requirement for participation in that Designated Program or Initiative, as the case may be, will be used and disclosed for the purposes of:
- Enforcing the terms and conditions of the Designated Program or Initiative, as the case may be, including:
- Confirming the Recipient, Ultimate Recipient, Administrator or Vendor paid any applicable taxes on a Designated Program Payment or an Initiative Payment, as the case may be, and verifying other information provided under the Designated Program or an Initiative, as the case may be,
- Conducting audits, and
- Collecting any debt an Applicant, Recipient, Ultimate Recipient, Administrator or Vendor may owe to the C-Crown or the O-Crown arising:
- Prior to their participation in the Designated Program or an Initiative, as the case may be, or
- From participating in the Designated Program or the Initiative, as the case may be; and
- Any other use and disclosure set out in the applicable Designated Program Guidelines or Initiative Guidelines, as the case may be, that is required for enforcement purposes.
- Enforcing the terms and conditions of the Designated Program or Initiative, as the case may be, including:
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(1) A Recipient or Ultimate Recipient participating as a sole proprietor, a partner within a partnership or a member of an unincorporated association in a Designated Program or an Initiative, as the case may be, authorizes the collection use and disclosure of that Recipient or Ultimate Recipient's SIN, as collected pursuant to section 132(2)(c)(ii) or section 151(e)(ii) of this Order, as the case may be, where that Recipient or Ultimate Recipient, as the case may be, does not have a CRA BN and that Recipient or Ultimate Recipient is eligible to receive a Designated Program Payment or an Initiative Payment, as the case may be.
(2) An Administrator or a Vendor operating as a sole proprietor, a partner within a partnership or a member of an unincorporated association authorizes the collection and use of that Administrator or Vendor's SIN where the Administrator or Vendor does not have a CRA BN and the Administrator or Vendor is eligible to receive a payment under a Designated Program.
- Any applications to a Designated Program or an Initiative will contain a notice of collection of Personal Information in accordance with section 39(2) of the Freedom of Information and Protection of Privacy Act and require the Applicant to consent to the collection, use and disclosure of that Personal Information for the purposes set out under section 165 of this Order.
- (1) The Designated Program Administrator will not collect, use or disclose or allow for the collection, use or disclosure of Personal Information under this Part VIII of the Order if the information that is required can be obtained by using non-Personal Information.
(2) Despite section 168(1) of this Order, but subject to section 164(3) of this Order, the Designated Program Administrator may collect, use or disclose or allow for the collection, use or disclosure of Personal Information where that Personal Information is demographic in nature and the Applicant or Recipient consented to the collection, use or disclosure of that demographic information.
Part IX — Provision of Information and Audits under the Program
Part IX.1 — Provision of Information
- An Applicant, Recipient, Ultimate Recipient, Administrator or Vendor will provide any information that is requested as soon as practicable after it has been requested and no later than the date set out in the request.
Part IX.2 — Audits
- An Applicant, Recipient, Ultimate Recipient, Administrator or Vendor will allow any audits that may be conducted under the Designated Program or any Initiative established thereunder. Audits may be conducted during normal business hours upon giving the Applicant, Recipient, Ultimate Recipient, Administrator or Vendor a minimum of twenty-four (24) hours' notice.
- An Applicant, Recipient, Ultimate Recipient, Administrator or Vendor will provide reasonable assistance during any audit. This includes allowing for:
- Access to any Person, place or thing required for auditing purposes as soon as practicable after the request has been made and no later than the date set out in the request;
- The inspection of any records that relate to the Initiative;
- The copying of any records that relate to the Initiative as well as the removal of any copied documents from the premises; and
- The taking of pictures or other recordings.
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(1) Any Designated Program Guidelines or Initiative Guidelines will contain a notice about the audit rights set out under this Part IX of the Order.
(2) An Administrator Agreement, Service Level Agreement or Transfer Payment Agreement will include, at a minimum, the audit rights set out under this Part IX of the Order.
(3) Any Designated Program Guidelines, Initiative Guidelines, Administrator Agreement, Service Level Agreement or Transfer Payment Agreement will include the C-Crown's right to conduct an audit of the Applicant, Recipient, Ultimate Recipient, Administrator or the Vendor, as the case may be.
Part X — Collection of Debts under the Program
Part X.1 — Collection of Existing Debts Owed to the Crown under the Program
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(1) Any Designated Program Payment or Initiative Payment that an Administrator, Recipient, Ultimate Recipient or Vendor may be eligible to receive may be set-off against any existing debt that Administrator, Recipient, Ultimate Recipient or Vendor may owe to the Crown.
(2) The right of set-off provided under section 173(1) of this Order is in addition to any other remedies the Crown may have at law, in equity or otherwise.
Part X.2 — Collection of Debts Owed to the Crown Arising from the Program
- Any Administrator, Recipient, Ultimate Recipient or Vendor that received an Overpayment owes a debt to the Crown.
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(1) The Designated Program Administrator will use, or cause to be used, reasonable efforts to collect a debt arising from an Overpayment under a Designated Program or an Initiative.
(2) Any Administrator administering an Initiative will use reasonable efforts to collect a debt arising from an Overpayment.
- The termination of a Designated Program or an Initiative in which an Overpayment arose will not affect the obligation to repay that debt to the Crown.
- (1) Any Administrator, Recipient, Ultimate Recipient or Vendor that received an Overpayment agrees the Crown may set-off that debt against any other payments the Crown may owe to that Administrator, Recipient, Ultimate Recipient or Vendor.
(2) The right of set-off provided under section 177(1) of this Order to collect on any debts arising under this Program is in addition to any other remedies the Crown may have at law, in equity or otherwise.
Part XI — General
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(1) Nothing in this Order affects any rights or obligations set out or arising under the Previous Order.
(2) All applications or claims that were submitted under the Previous Order will be governed by the terms and conditions of the Previous Order, including any applicable guidelines.
- Subject to section 178(2) of this Order, the Previous Order is revoked.
This Order comes into force and effect upon being signed.
Original signed by
The Honourable Lisa Thompson
Minister of Agriculture, Food and Rural Affairs
Executed on this 1st day of April, 2023.