On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Government of Ontario recognizes the important economic and social contribution that agriculture makes in Ontario;

And whereas the Government of Ontario wants to further foster the growth of agriculture in Ontario;

And whereas the Government of Ontario established the Program pursuant to the Previous Order to assist the ginseng sector deal with temporary marketing disruptions due to covid-19;

And whereas the Government of Ontario would like to make changes to the Program to provide more flexibility in terms of security taken on A-Loans while at the same time ensuring the Crown’s interests are protected;

And whereas section 4(1) 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 as well as such other powers and requires the Minister to perform such other functions and duties as are assigned to the Minister by the LGIC;

And whereas section 7(1) of the Ministry of Agriculture, Food and Rural Affairs Act allows the LGIC to establish, upon the recommendation of the Minister, a program for any branch of agriculture, food and rural affairs;

And whereas section 7(5) of the Ministry of Agriculture, Food and Rural Affairs Act provides the LGIC with the authority to establish programs retroactively;

And whereas section 8 of the Ministry of Agriculture, Food and Rural Affairs Act allows the LGIC to agree to provide, upon the recommendation of the Minister, a guarantee for the payment of any loan or loans made to farmers for the encouragement of any branch of agriculture or food upon the terms the LGIC considers proper;

And whereas sections 46, 49 and 54 of the Legislation Act, 2006 have the effect of providing the LGIC with the power to amend, revoke or replace from time to time an order establishing a program under sections 7(1) and 8 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas the Previous Order establishing the Program was issued pursuant to sections 7(1) and 8 of the Ministry of Agriculture, Food and Rural Affairs Act;

And whereas the Minister has recommended to the LGIC that the amendments to the Previous Order set out herein be made;

Now therefore and pursuant to my authority under sections 7(1), 7(5) and 8(1) of the Ministry of Agriculture, Food and Rural Affairs Act as well as sections 49 and 54 of the Legislation Act, 2006, I hereby order the Previous Order be amended as set out herein.

Part 1 – Interpretation Of This Order

  1.  
    1. For the purposes of this Order, the following terms will have the following meanings:
      “Order”
      means this Order-in-Council; and
      “previous order"
      means Order-in-Council 572/2022.
    2. Any capitalized term not defined herein will have the same meaning as set out in the Previous Order.

Part 2 – Amendment To Part I – Interpretation Of Previous Order

  1. The definition of “AgriStability” in section 1 of the Previous Order is amended by adding “, as it may be continued thereafter through any means” after the reference to “Minister’s Order 0004/2018”.

Part 3 – Amendments To Part IV – Administration Of The Program Of Previous Order

  1. The first sentence in section 16(3) of the Previous Order is revoked and replaced with the following:
    1. The Minister shall enter into an Administrative Agreement with the entity before allowing the Administrator to issue any A-Loans under the Program.

Part 4 – Amendments To Part V – Eligibility Requirements For Loans Under The Program Of Previous Order

  1.  
    1. Section 26(2)(c) of the Previous Order is revoked and replaced with the following:
      1. The A-Loan is secured by:
        1. The Stored Security,
        2. Any proceeds from the Stored Security,
        3. The Producer Holdback, and
        4. Any other security set out in the Administrative Agreement, provided the Administrator has posted a notice of what that security is on its website;
    2. Section 26(6) of the Previous Order is revoked and replaced with the following:
      1. The Administrator shall, at a minimum, secure the A-Loan in a manner that ensures the Administrator has a first charge in the Stored Security.

Part 5 – Amendment To Part VI – Eligibility Requirements And Loss Of Eligibility For Producers Under The Program Of Previous Order

  1. Section 27(2)(f) of the Previous Order is revoked and replaced with the following:
    1. Be enrolled in AgriStability;

Part 6 – Amendment To Part VIII – Process In Which The Administrator Or Producer Is In Default Of A L-Loan Or An A-Loan And Consequences Of Default Under The Program Of Previous Order

  1.  
    1. Section 38(1) of the Previous Order is revoked and replaced with the following:
      1.  
        1. In the event a default relates to a Producers failure to make a payment owing under the A-Loan, the Administrator:
          1. Shall, if practicable, use any security the Administrator has a security interest over that does not require the liquidation of the Stored Security and apply the proceeds from realization on the security to pay any outstanding debt under the A-Loan;
          2. , if a debt still exists under the A-Loan after the steps in paragraph (a) are completed, liquidate the Stored Security the Administrator has a security interest over and apply the proceeds from the sale of the Stored Security to pay any outstanding debt owing under the A-Loan;
          3. Shall, if a debt still exists under the A-Loan after the steps in paragraph (b) are completed, liquidate any other security the Administrator has a security interest over and apply the proceeds from the sale of the security to pay any outstanding debt owing under the A-Loan; and
          4. May, if a debt still exists after the steps in paragraph (c) are completed, make a claim on the Guarantee to pay any outstanding debt owing under the A-Loan.
    2. Section 39(2) of the Previous Order is revoked and replaced with the following:
      1. In the event a default relates to a Producers failure to make a payment owing under the A-Loan, the Administrator:
        1. Shall, if practicable, use any security the Administrator has a security interest over that does not require the liquidation of the Stored Security and apply the proceeds from realization on the security to pay any outstanding debt under the A-Loan;
        2. Shall, if a debt still exists under the A-Loan after the steps in paragraph (a) are completed, liquidate the Stored Security the Administrator has a security interest over and apply the proceeds from the sale of the Stored Security to pay any outstanding debt owing under the A-Loan;
        3. Shall, if a debt still exists under the A-Loan after the steps in paragraph (b) are completed, liquidate any other security the Administrator has a security interest over and apply the proceeds from the sale of the security to pay any outstanding debt owing under the A-Loan; and
        4. May, if a debt still exists after the steps in paragraph (c) are completed, make a claim on the Guarantee to pay any outstanding debt owing under the A-Loan.

This Order comes into effect on April 1, 2022.

Ministry of Agriculture, Food and Rural Affairs

Approved and Ordered: April 28, 2022