Minister’s Order: Veterinary Incentive Program

Signed Minister’s Order number 0008/2023.

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Minister’s Order

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

And whereas the government recognizes that access to veterinary services for the health and welfare of food animals is important to strengthen the agri-food sector, support economic growth and ensure an efficient, reliable and responsive food supply.

And whereas there is a need to improve veterinary access in the Underserviced Areas of Ontario.

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 aimed at encouraging veterinary graduates to practice on food animals in underserviced areas of Ontario should be in place;

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 Veterinary Incentive Program is hereby established for the encouragement of agriculture, food and rural affairs, to improve access to veterinary services in underserviced areas of 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 the Person responsible for delivering the Program on behalf of the Crown.

"Administrator Agreement" means a delivery agreement entered between the Crown and an Administrator whereby the Administrator agrees to deliver the Program on behalf of the Crown in return for an Administrator Payment.

"Administrator Payment" means the payment of money to an Administrator to cover the costs the Administrator incurs to deliver the Program on behalf of the Crown.

"Applicant" means a Person who has applied to the Program.

"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.

"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.

"Guidelines" means the written document setting out the requirements, terms and conditions governing the operation of the Program.

"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.

"Order" means this Minister’s Order.

"Overpayment" means a Payment to which the Recipient:
1. Was not eligible to receive at the time the Recipient received the Payment; or
2. Ceases to be eligible to receive at any time after the Recipient received the Payment.
"Participant" means an Applicant that was accepted to participate in the Program.

"Payment" means the direct or indirect provision of funds to a Recipient who is eligible to receive the funds under the Program.

"Person" means an individual.

"Personal Information" has the same meaning as set out in section 2 of the Freedom of Information and Protection of Privacy Act.

"Program" means Veterinary Incentive Program, as established under this Order.

"Program Administrator" means the Assistant Deputy Minister of the Ministry’s Food Safety & Environment Division and includes any acting Assistant Deputy Minister of the Ministry’s Food Safety & Environment Division as well as any successor position.

"Program Director" means the Director of the Ministry’s Animal Health & Welfare Branch – Food Safety & Environment Division and incudes any acting Director of the Ministry’s Animal Health & Welfare Branch – Food Safety & Environment Division as well as any successor position.

"Recipient" means a Participant that received a Payment.

"Requirements Of Law" means statutes, regulations, by-laws, ordinances, codes, official plans, rules, Guidelines, approvals, permits, licences, authorizations, orders, decrees, injunctions, directions and agreements, as they may be amended from time to time.

"SIN" means Social Insurance Number.

"Underserviced Areas" means:
1. The geographic areas covered by the Veterinary Assistance Program, namely, all areas in the province of Ontario north of, and including, the County of Renfrew, the County of Haliburton, the Township of Addington Highlands, the Township of Carlow/Mayo, the Township of Limerick, the Township of Wollaston, the Township of Georgian Bluffs, the Town of South Bruce Peninsula, and the District Municipality of Muskoka; and
2. Any other areas that have veterinary coverage for some species but are underserviced for other food animals (e.g., beef cattle, sheep), as determined by the Administrator.
"Veterinarian" means a person licensed by the College of Veterinarians of Ontario under the Veterinarians Act.

Part I.2 — Interpretation

For the purposes of interpreting this Order:
1. Words in the singular include the plural and vice versa;
2. The headings do not form part of this Order — they are for reference purposes only and will not affect the interpretation of this Order;
3. Any reference to dollars or currency in this Order will be to Canadian dollars and currency;
4. Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated;
5. 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;
6. Any reference to a Minister’s Order is to that Minister’s Order as it may be amended from time to time and to any Minister’s Order that may be made that has the effect of supplanting or superseding that Minister’s Order unless a provision of this Order provides otherwise; and
7. The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive.

Part I.3 — Purpose of the Program

The purpose of the Program is to improve the overall accessibility to veterinary services in Underserviced Areas. The Program seeks to achieve this by offering grants to newly licensed veterinarians who choose to practice at a food animal or mixed animal practice that services food animals in Underserviced Areas of Ontario. The grants under this Program serve as an incentive for veterinarians to provide their services in regions of Ontario with recognized veterinary access issues to food animal veterinary services.

Part II — Term of the Program

Part II.1 — Commencement

(1) The Program will begin on the date on which this Order is signed.
(2) For greater certainty, section 4(1) of this Order does not prevent the carrying out of any actions needed to have the Program operationalized for when this Order comes into force and effect. This includes:
1. Entering Administrator Agreements;
2. Approving the Guidelines;
3. Approving forms to be used for the Program; and
4. Any other ancillary action that is required for the Program to be operational for when this order comes into force and effect.

Part II.2 — Termination of Program

(1) The Program Administrator may terminate this Program without prior notice if the Program Administrator is of the opinion the Program is not meeting its intended purpose, as set out under section 3 of this Order. Where this Program is terminated, the following will apply:
1. 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 in which it was terminated; or
2. The Program Administrator will immediately notify any Administrator and cause the Administrator to post a notice on the Administrator’s website setting out that this Program has been terminated and the date in which it was terminated; and
3. Any Payments owing at the time of termination will be paid.

Part III — Funding for the Program

Funding for the Program will be from the monies allocated to the Ministry by the Legislature for those purposes. The Program Administrator may provide funding or allow funding to be provided to any Participant that is contemplated or permitted under the Program. The Program Administrator may also provide funding or allow funding to be provided to an Administrator that the Program Administrator determines are reasonable or prudent for the administration of the Program established thereunder.
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 Guidelines, the Minister reserves the power to take any action or make any decision that has been assigned to the Program Administrator or the Program Director under this Order or any Guidelines upon the Minister’s own initiative.
(2) Where the Minister choses to exercise their power under section 8(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 8(1) of this Order.

(3) The Minister will not exercise any power under section 8(1) of this Order until the Minister has provided the written notice required under section 8(2) of this Order to the Program Administrator.
(1) Without limiting section 8(1) of this Order, the Minister also reserves the power for the Minister to, upon request, waive any requirement set out under this Order or the 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 9(1) of this Order.

Part IV.2 — Program Administrator’s authority

(1) The Program Administrator is responsible for the overall administration of the Program. This includes:
1. Entering into one or more Administrator Agreements with one or more Administrators for the purposes of administering the Program;
2. Terminating the Program pursuant to section 5(1) of this Order;
3. Limiting the amount of Personal Information collected under a Program to what is necessary to administer the Program;
4. Approving the Program Guidelines;
5. Making decisions pursuant to sections 10(2), 10(3) and 10(4) of this Order;
6. Setting out any additional eligibility requirements Applicants must meet to participate in the Program in addition to what is set out under section 15 of this Order in the Guidelines;
7. Undertaking any actions assigned to the Program Administrator under this Order that are not set out by sections 10(1)(a) to 10(1)(f) of this Order; and
8. Approving anything that needs to be approved for the Program that has not been assigned to the Program Director.
(2) The Program Administrator may waive any terms or conditions set out in any Administrator Agreement the Program Administrator enters pursuant to section 10(1)(a) of this Order, provided:
1. The Program Administrator believes such a waiver is appropriate given the circumstances; and
2. The waiver does not conflict with any waiver issued pursuant to section 9(2) of this Order.
(3) The Program Administrator may, upon receiving a request from an Applicant, Participant or Recipient, waive any requirement for the Program set out in this Order for that Applicant, Participant or Recipient, provided the Program Administrator is of the opinion that not providing such a waiver would create an unfair result for that Applicant, Participant or Recipient requesting the waiver.

(4) The Program Administrator may impose terms and conditions on any decision that is made pursuant to sections 10(2) or 10(3) of this Order that the Program Administrator believes are reasonably appropriate, provided those terms or conditions will not result in a conflict with any terms or conditions imposed pursuant to section 9(2) of this Order.

Part IV.3 — Program Director’s authority

(1) The Program Director is responsible for the implementation and operation of the Program. This includes:
1. Establishing standards and procedures for the delivery of the Program;
2. Approving the application form and other forms for the Program;
3. Monitoring the performance of all aspects of the Program;
4. Monitoring any Administrator’s delivery of the Program;
5. Making decisions pursuant to sections 11(2), 11(3), 11(4), 16, 17, 18, 19 and 20 of this Order;
6. Undertaking any actions assigned to the Program Director under this Order that are not set out by sections 11(1)(a) to 11(1)(e) of this Order; and
7. Carrying out all other administrative functions required for the successful operation of the Program.
(2) The Program Director may, upon receiving a request from a Participant, allow that Participant to continue participating in the Program even if that Participant does not meet all the eligibility requirements set out in this Order or the Guidelines for the Program, where:
1. The Participant was originally found to be eligible to participate in the Program;
2. The Participant acted in good faith to be found eligible to participate in the Program;
3. The Participant acted in good faith while participating in the Program; and
4. The Program Director is of the opinion that not allowing the Participant to continue participating in the Program would create an unfair result for that Participant.
(3) The Program Director may, upon receiving a request from an Applicant, Participant or Recipient, waive any requirement for the Program set out in the Guidelines for that Applicant, Participant or Recipient, provided the Program Director is of the opinion that not providing such a waiver would create an unfair result for that Applicant, Participant or Recipient requesting the waiver.

(4) The Program Director may impose terms and conditions on any decision that is made pursuant to sections 11(2) or 11(4) of this Order that the Program Director believes are reasonably appropriate, provided those terms or conditions will not result in a conflict with any terms or conditions imposed pursuant to section 8(2) of this Order.

Part IV.4 — Administrator

(1) The Program Administrator may enter an Administrator Agreement with one or more Administrators to administer the Program on behalf of the Crown.
(2) If an Administrator Agreement is entered, that Administrator Agreement will include, at a minimum, the following:
1. The roles and responsibilities of the Program Administrator, the Program Director and the Administrator regarding the delivery of the Program;
2. The Administrator Payment;
3. Service standards, if any, the Administrator will be required to meet;
4. Reporting and audit requirements;
5. Provisions for corrective action to address any events of default by the Administrator;
6. Performance measures; and
7. Anything else the Program Administrator believes is prudent for the successful delivery of the Program.
(3) The Administrator may:
1. Approve the Guidelines;
2. Approve the forms to be used for the Program; and
3. Either:
  1. Approve Applicants, or
  2. Recommend Applicants be approved by the Minister under the Program where the Minister has elected to decide which Applicants should be approved under the Program pursuant to section 8(1) of this Order, if the Administrator Agreement gives such power to the Administrator.
(4) No Administrator Payment will be made to an Administrator unless that Administrator is in compliance with the terms and conditions of this Order, the Guidelines and the Administrator Agreement.

Part IV.5 — Exercise of administrative powers

The Program Administrator and the Program Director have all incidental powers needed to administer the Program.

Part IV.6 — Guidelines

(1) The Program Administrator will create or cause to be created Guidelines for the Program. The Guidelines will not conflict with anything contained in this Order. For the purposes of determining whether the Guidelines conflict with this Order, a conflict will exist if:
1. The Guidelines provide for something that is prohibited under this Order; or
2. The Guidelines provide that something is not needed which this Order requires.
(2) Without limiting the Program Administrator’s general administrative authority set out in section 10(1) of this Order, the Program Administrator’s authority to create or cause to be created Guidelines includes the authority to set out, or cause to be set out, in the Guidelines terms and conditions in relation to:
1. Administrative deadlines for the Program;
2. Setting out additional eligibility requirements an Applicant must meet to be eligible to participle in the Program than what is set out under section 15(1) of this Order;
3. Establishing the requirements, terms and conditions for any Payments that may be made, including:
  1. The methodology in which Payments may be calculated,
  2. Caps on any Payments,
  3. Minimum Payments,
  4. The timing of Payments, and
  5. Whether Payments can be assigned;
4. Setting out reporting and audit requirements for the Program in addition to what is set out under this Order;
5. Setting out how documents are to be served under the Program;
6. Setting out any requirements for the Program that must be set out in the Guidelines under this Order; and
7. Establishing any other requirements, terms or conditions that are reasonably necessary for the successful administration and delivery of the Program.
(3) The Program Administrator will:
1. Post the Guidelines or cause the Guidelines to be posted on the Ministry’s website or will require the Guidelines to be posted on a publicly available website; or
2. Require an Administrator or cause the Administrator to post the Guidelines on that Administrator’s website.
(4) The Program Administrator may amend or cause the Guidelines to be amended. Where the Guidelines are amended, the following will apply:
1. The amended Guidelines will:
  1. Be posted on the Ministry’s website or on another publicly available website, or
  2. Be posted on the website of the Administrator delivering the Program; and
2. Any amendments to the Guideline will not have any retroactive effect.

Part V — Operation of the Program

Part V.1 — Eligibility requirements and loss of eligibility

Eligibility requirements

(1) An Applicant will not be eligible to participate in the Program unless that Applicant:
1. Is a:
  1. Veterinarian, who is:
    1. Licensed to practice in Ontario no more than 5 years prior to the date of application,
    2. Practicing or relocating to practice in an Underserviced Area,
    3. Self-employed or work as a staff veterinarian in a clinic,
    4. Practicing in a full-time capacity and on food animals either as sole focus or as part of a mixed-animal practice, and
    5. Providing in-person service, regular on-farm service and/or emergency on-farm service to an underserviced area; or
  2. Student practicing veterinarian medicine:
    1. At a university accredited to teach veterinarian medicine, and
    2. Is in their final year of study;
    3. Applies to the Program using an Administrator-approved application form;
    4. Applies to the Program by the deadline set out in the Guidelines;
    5. Provides its SIN prior to receiving the Payment if the Person is eligible to be a Participant as well as receives a Payment;
    6. Meets any additional eligibility requirements set out in the Guidelines; and
    7. Agrees to be bound by the terms and conditions of the Program, as set out in this Order and the Guidelines.
(2) Applicants practicing in clinics outside of the named eligible areas may qualify if they:
1. Meet the requirements set out in Section 15(1);
2. Demonstrate to the Administrator that food animal clients are underserved in their area.
(3) Applying to the Program does not create a legal, equitable or other right to participate in the Program.

Loss of eligibility

An Applicant, Participant or Recipient that willfully provides false or misleading information under the Program:
1. Will lose their ability to participate in the Program or will have their eligibility to participate in the Program revoked; and
2. Will repay any Payments received under the Program.
An Applicant, Participant or Recipient that negligently provides false or misleading information or is found to have acted in a negligent manner in allowing false or misleading information to be submitted on their behalf under the Program:
1. May lose their ability to participate in the Program or may have their eligibility to continue to participate in the Program revoked; and
2. Will repay any Payments received under the Program.
(1) An Applicant, Participant or Recipient that is abusive toward any individual responsible for delivering the Program will receive one written warning from the Program Director. If they continue with their abusive behaviour, they may lose their ability to participate in the Program or may have their eligibility to participate in the Program revoked.
(2) In the event the Applicant, Participant or Recipient has been found to be ineligible to participate in the Program pursuant to section 18(1) of this Order and they are abusive toward any individual responsible for delivering the Program after being allowed to participate in the Program again, they may have their ability to participate in the Program revoked while this Order is in effect.
An Applicant, Participant or Recipient may lose their ability to participate in the Program or may have their eligibility to participate in the Program revoked where they:
1. Owe a debt to the Crown and are not in a repayment plan with Crown, including an agent of the Crown; or
2. Are not in compliance with any repayment plan they have with the Crown, including an agent of the Crown.
A Participant or Recipient may have their eligibility to participate in the Program revoked where they fail to:
1. Continue to meet any eligibility requirements while participating in the Program; or
2. Remain in compliance with the following for its business operations while participating in the Program:
  1. Veterinarian-related Requirements Of Law,
  2. Environmental-related Requirements Of Law,
  3. Labour-related Requirements Of Law,
  4. Tax-related Requirements Of Law, and
  5. Material compliance with all other Requirements Of Law.

Part V.2 — Payments

Participating in the Program does not create a legal, equitable or other right to receive a Payment.
The Guidelines will set out how the Payments will be distributed to the Participants under the Program.
Any Payment a Participant may be eligible to receive may be pro-rated in the event there are insufficient funds to make full Payments owing.
(1) A limit or cap may be placed on the quantum of a Payment a Participant is eligible to receive.
(2) Where a limit or a cap is placed on the quantum of a Payment a Participant is eligible to receive pursuant to section 24(1) of this Order, that limit or cap will be set out in the Program Guidelines.
A Participant or Recipient will not assign any Payment to another Person unless the Program Guidelines authorize such assignment.
Any Payment a Recipient receives is considered income for the purposes of the Income Tax Act (Canada) and will be recorded as such.
Any Payment made is provided in connection with a social or economic policy and the Program as a whole is a social or economic program.

Part VI — Collection, use and disclosure of Personal Information under the Program

The collection of certain Personal Information is necessary for the proper administration of this Program. The Program Administrator will only collect or will only allow others to collect on the Program Administrator’s behalf the minimum amount of Personal Information necessary to meet the Program’s objectives.
Personal Information collected from Applicants, Participants or Recipients, other than demographic information, pursuant to the Program as a requirement for participation in the Program will be used and disclosed for the purposes of:
1. Enforcing the terms and conditions of the Program, including:
  1. Confirming the Recipient paid taxes on a Payment and verifying other information provided under the Program,
  2. Conducting audits, and
  3. Collecting any debt an Applicant, Participant or Recipient may owe to the Crown arising:
    1. Prior to their participation in the Program, or
    2. From participating in the Program; and
2. Any other use and disclosure set out in the Guidelines that is required for enforcement purposes.
A Participant authorizes the collection, use and disclosure of that Participant’s SIN, as collected pursuant to section 15(d) of this Order, where that Participant is eligible to receive a Payment.
Applications to the Program 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 29 of this Order.
(1) The Program Administrator will not collect, use or disclose or allow for the collection, use or disclosure of Personal Information under this Part VI of the Order if the information that is required can be obtained by using non-Personal Information.

Part VII — Providing information and audits under the Program

An Applicant, Participant or Recipient 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.
An Applicant, Participant or Recipient will submit to any audits that may be conducted under the Program. Audits may be conducted during normal business hours upon giving the Applicant, Participant or Recipient a minimum of twenty-four (24) hours’ notice.
An Applicant, Participant or Recipient will provide reasonable assistance during any audit. This includes allowing for:
1. 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;
2. The inspection of any records that relate to the Program;
3. The copying of any records that relate to the Program as well as the removal of any copied documents from the premises; and
4. The taking of pictures or other recordings.
The Guidelines will contain a notice about the audit rights set out under this Part VII of the Order.

Part VIII — Collection of debts under the Program

Part VIII.1 — Collection of existing debts owed to the Crown under the Program

(1) A Payment may be set-off against any existing debt that Participant may owe to the Crown.
(2) The right of set-off provided under section 37(1) of this Order is in additional to any other remedies the Crown may have at law, in equity or otherwise.

Part VIII.2 — Collection of debts from Recipients arising under the Program

Any Recipient who received an Overpayment owes a debt to the Crown.
The Program Administrator will use, or cause to be used, reasonable efforts to collect a debt arising from an Overpayment.
The termination of the Program will not, in any way, affect the obligation to repay an Overpayment.
(1) A Recipient that received an Overpayment agrees the Crown may set-off that debt against any other payments the Crown may owe to that Recipient.
(2) The right of set-off provided under section 41(1) of this Order to collect on any debts arising under the Program is in addition to any other remedies the Crown may have at law, in equity or otherwise.

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

Original signed by:

The Honourable Lisa M. Thompson
Minister of Agriculture, Food and Rural Affairs

Executed on this 27th day of September, 2023.

Updated: October 27, 2023

Published: October 27, 2023