Order in Council 511/2017

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 Ontario wine and grape industry is a diverse, growing industry that includes approximately two hundred (200) grape wineries and approximately five hundred (500) grape growers;

and whereas on October 13, 2009, the Government of Ontario announced a five year “Ontario Wine and Grape Strategy”, a plan designed to build on the success of Ontario’s VQA wines, made from 100% Ontario grapes, and has continued to support that strategy ever since;

and whereas the Ontario Wine Fund was established under Order in Council 162/2015 dated February 4, 2015 (referred to in Order in Council 162/2015 as the “Program”), for which the term was originally from April 1, 2015 to March 31, 2017;

and whereas consultation has taken place with stakeholders in the wine and grape industry to discuss future program design and allocation for the components under the Program for the next three years;

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 and food 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 the encouragement of any branch of agriculture or food;

and whereas the legislative power to make something includes the legislative power to revoke what is made;

now therefore, and pursuant to section 4 and subsection 7(1) of the Ministry of Agriculture, Food and Rural Affairs Act, Order in Council 162/2015 is hereby revoked and the program known as the

the ontario wine fund

shall continue to operate as of the date the LGIC signs this OIC:

Part I – Interpretation

Definitions

For the purposes of this OIC, including its recitals, the terms below shall have the following meanings:

“Active Grower” means a wine grape grower that has marketed processing grapes or late harvest juice within the past two (2) years, or a wine grape grower with established grape vines who can demonstrate a clear plan to market grapes within two (2) years of applying to the Program;

“Administrator” means the entity selected to administer the Program or a Component or Sub-component thereof on behalf of the Minister;

“AgriCorp” means the without share capital corporation established in accordance with the AgriCorp Act, 1996, S.O. 1996, c. 17;

“Applicant” means a Person who applies for funding under the Program;

“Business Day” means any working day, Monday to Friday inclusive, but excluding statutory and other holidays on which the Government of Ontario has elected to be closed for business;

“Component” means the VQAC or the MVIP, as the context requires;

“Component Cap” means the maximum annual amount of grant funding available to all Recipients under a given Component;

“Components” means the VQAC and the MVIP, including the sub-components within MVIP, collectively;

“Eligible Costs” means those costs that are:
1. Direct and necessary for the completion of a Project;
2. One-time costs that are directly attributable to the development, implementation and completion of a Project; and
3. Consistent with the Guidelines.
“Fiscal Year” means the period between April 1 of a year and March 31 of the following year;

“Funding Cap” means the maximum annual grant funding that a Recipient may be entitled to receive calculated in accordance with the Guidelines;

“GGO ” means Grape Growers of Ontario or any successor body;

“GGO Number” means a licence number issued by the GGO to authorize the production or marketing of grapes or late harvest juice and includes any number issued by a successor to the GGO;

“Government-Industry Steering Committee” means an advisory panel responsible for providing non-binding recommendations to the Minister concerning the administration, operation and delivery of the Program;

“Guidelines” means the written document prepared by the Minister, or a third party in accordance with this OIC, that sets out the rules, terms and conditions for the operation of the Ontario Wine Fund Program, or any component or sub-component thereof;

“Industry Organization” includes the GGO, the WGAO or the WCO, depending on the context. It may also include any other industry organization that the Minister believes should be included for the purposes of this OIC;

“LCBO” means the Liquor Control Board of Ontario;

“LGIC” means the Lieutenant Governor in Council;

“Minister” means the Minister of Agriculture, Food and Rural Affairs or any such other Minister who may be designated from time to time as the responsible Minister in relation to this Program in accordance with the Executive Council Act unless the context indicates otherwise;

“Ministry” means the Ministry of the Minister;

“Ministry of Agriculture, Food and Rural Affairs Act” means the Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990, c. M. 16, as amended;

“MVIP ” means the Marketing and Vineyard Improvement Program component of the Program, as set out in Part VI of this OIC and which shall be comprised of the MTEDI, VII, RIDI and PMI sub-components. A general reference to MVIP in this OIC shall include its sub-components, MTEDI, VII, RIDI and PMI;

“MTEDI”means the Marketing, Tourism and Export Development Initiative sub-component of MVIP ;

“OIC” means this Order in Council;

“Ontario” means Her Majesty the Queen in Right of Ontario, as represented by the Minister, unless the context indicates otherwise;

“Ontario Wine Fund” means the Program commencing in 2015 to build on the success of VQA wines made from 100% Ontario grapes;

“Overpayment” means any Payment to which the Recipient is not entitled to receive at the time of the Payment or to which the Recipient ceases to be entitled to receive at any time after the Payment was made;

“Payment” means the provision of funding under the Program;

“Person” for the purposes of this OIC includes a sole proprietor, corporation, partnership and unincorporated association;

“PMI”means the Performance Management Initiative sub-component of MVIP;

“Program” means the Ontario Wine Fund including all its Components;

“Project” means an undertaking approved under the Program;

“Recipient” means a Person who receives funding under the Program;

“RIDI”means the Research and Innovation Development Initiative sub-component of MVIP ;

“Sub-component” means MTEDI, VII, RIDI or PMI as the context requires;

“VII” means the Vineyard Improvement Initiative sub-component of MVIP ;

“VQA” means Vintners Quality Alliance;

“VQAC ” means the Vintners Quality Alliance Wine Support Program component of the Program, as set out in Part V of this OIC;

“VQAC Funding Cap” means the maximum annual grant funding that a Recipient may be entitled to receive under the VQAC calculated in accordance with the Guidelines;

“WCO ” means the Wine Council of Ontario or any successor body;

“Wine Grape Acreage” means acreage under production of wine grape varietals as detailed in the Guidelines; and

“WGAO” means the Winery and Grower Alliance of Ontario or any successor body;

Purpose

The purpose of the Program is to provide support to, and increase the competitiveness of, the Ontario wine and grape industry as well as to promote economic development and tourism within Ontario through the provision of funding to eligible Recipients.

The Program will consist of the following Components:
1. The VQAC, which will provide financial support to eligible wineries to encourage the sale and promotion of VQA wines, increase the efficiency of production of Ontario VQA wines or to develop new markets for the distribution and sale of Ontario VQA- wines;
2. The MVIP, which will include the following four (4) sub-components:
  1. The MTEDI, which will promote activities and initiatives that strengthen the VQA brand and grown-in-Ontario products in Ontario and out-of-province, encourage market diversification, stimulate tourism in Ontario’s wine regions and increase demand for Ontario VQA wines and grapes;
  2. The VII, which will support grower investment in vineyard improvements that enable them to adapt to ongoing and emerging vineyard challenges, increase productivity and profitability, and produce quality grapes to meet the growing demands of Ontario wine manufacturers;
  3. The RIDI, which will promote industry-wide access to innovative tools, technologies, resources, knowledge and information to help improve the quality, productivity and adaptability of Ontario grape and wine production; and
  4. The PMI, which will provide benchmarking and performance data to support performance reporting commitments, to improve industry’s access to sector performance information to enable more strategic and collaborative decision-making and to support firm-level business decision-making for improved profitability.

Part II – Term and review

Term of the Program

This Program shall commence on April 1, 2015.
This Program shall be reviewed by the Minister prior to March 31, 2020.
Notwithstanding section 5 of this OIC or the Guidelines, this Program shall terminate in the event there is an insufficient appropriation for any payment that is to be made under the Program. Where the Program terminates pursuant to this section of the OIC, the following rules shall apply:
1. The Minister shall post a notice on the Ministry’s website indicating the Program has been terminated and the date that it was terminated. The Program shall be considered terminated as of the date indicated in the notice; and
2. The Minister shall provide notice of the termination to any third party that is delivering the Program on behalf of the Minister or that has operational control over the Program (as the case may be) and that third party shall post notice of the Program’s termination on its website; and
3. Any claims for a payment currently being considered as of the date of termination shall not be paid.
Notwithstanding section 5 of this OIC or the Guidelines, the LGIC may terminate this Program, or a Component or Sub-component thereof, at any time if the LGIC determines, in the LGIC'ssole and absolute discretion, that the Program should not continue. Where the LGIC terminates the Program pursuant to this section of the OIC, the following rules shall apply:
1. The Minister shall post a notice on the Ministry’s website indicating the Program has been terminated and the date that it was terminated. The Program shall not be considered terminated until the notice required by this section of the OIC has been complied with; and
2. The Minister shall provide notice of the termination to any third party that is delivering the Program on behalf of the Minister or that has operational control over the Program (as the case may be) and that third party shall post notice of the Program’s termination on its website; and
3. Any claims for a payment currently being considered as of the date of termination shall, if they are otherwise eligible, be paid.
For greater certainty, the termination of one Component or Sub-component of the Program pursuant to sections 6 or 7 of this OIC does not:
1. Terminate all Components or Sub-components of the Program or the Program itself;
2. Terminate any obligations that a Recipient may have under an agreement that the Recipient has entered into under the Program, or Component thereof; and
3. Terminate any Overpayment repayment obligations a Recipient may have to Ontario under the Program.

Part III – Funding

Funding for the Program shall be from the monies allocated to the Ministry for the purpose of the Program. The Minister may provide to any person any funding that is required, contemplated or permitted under the Program. The Minister may further provide for any administrative costs that the Minister determines are reasonable or prudent for the administration of the Program.
Funding allocated to the Program shall be used only for the Program and for the costs of administering the Program.

part IV – administration of the ontario wine fund

Minister’s General Administrative Authority

1. The Minister shall be responsible for the administration and delivery of the Program. This includes:
  1. Establishing standards and procedures for the delivery of all aspects of the Program;
  2. Monitoring the performance of all aspects of the Program;
  3. Establishing Guidelines for requirements of Program Components and Sub-components that this OIC indicates may be set out in the Guidelines, including:
    1. Formula(s) for funding for the Program, Components and Sub-components;
    2. Funding Caps;
    3. Component and Sub-component Caps;
    4. Process and criteria for merit-based funding for the <VII Sub-component;
    5. Eligibility requirements for Applicants;
    6. Eligible Costs;
    7. Terms and conditions of the Program, Components, and Sub-components;
    8. Reporting requirements; and
    9. Additional application rules (as needed);
  4. Establishing rules, terms and conditions for making payment of funds under the Program;
  5. Setting out the percentage of funding the Ministry will provide under the VII Sub-component in accordance with section 26(1) of this OIC;
  6. Determining the annual funding allocation to be made to each Sub-component within the MVIP Component of the Program;
  7. Setting out, subject to the requirements of this OIC, additional categories of Eligible Costs, including any types of costs that may fall under the additional categories of Eligible Costs, under the Guidelines;
  8. Approving anything that needs to be approved for the Program;
  9. Carrying out all other administrative functions required for the successful operation of the Program.
2. The Minister may create Guidelines for the Program Components and Sub-components, provided those Guidelines do not conflict with anything contained in this OIC. For the purposes of determining whether the Guidelines conflict with this OIC, a conflict will be found if the Guidelines provide for something that is prohibited under this OIC or if the Guidelines provide that something is not needed which is strictly required under this OIC. A conflict shall not, however, exist if the Guidelines set out additional requirements that must be followed in order for an Applicant to be eligible for funding under the Program.
3. Where the Minister creates Guidelines for a Program Component or Sub-component, those Program Guidelines shall be posted on the Ministry’s website.
4. For the period February 4, 2015 to March 31, 2017, the Minister may amend the Guidelines. Where the Minister amends the Guidelines the following rules shall apply:
  1. A summary of the changes to the Guidelines shall be set out on the Ministry’s website;
  2. Any changes shall be clearly set out in the Guidelines;
  3. The summary of changes to the Guidelines and the updated Guidelines shall be posted on the Ministry’s website by November 1 of each year; and
  4. Any changes to the Program shall be effective November 1 onwards and shall not have any retroactive effect;
5. From April 1, 2017 onwards, the Minister may amend the Guidelines. Where the Minister amends the Guidelines the following rules shall apply:
  1. A summary of the changes to the Guidelines shall be posted on the Ministry’s website;
  2. Any changes shall be clearly set out in the Guidelines;
  3. The updated Guidelines shall be posted on the Ministry’s website; and
  4. Any changes to the Program shall be effective as of the date set out in the Guidelines, or, if no date is set out, as of the posting of the Guidelines onwards. In no case shall the guidelines have any retroactive effect.

Third-Party Delivery Agent or Third-Party Program Operator

The Minister may enter into agreements with third parties, which may include but not be limited to AgriCorp, to deliver, administer or take operational control of any Component or Sub-component, on behalf of the Minister.
If the Minister enters into an agreement with a third party to deliver, administer or take operational control of a Component or Sub-component, on the Minister’s behalf, the Minister shall enter into an agreement with that party which will provide, at a minimum, the following:
1. The roles and responsibilities of the Minister and the third party in relation to the Component or Sub-component;
2. The money that the third party is able to receive for its work in relation to the Component or Sub-component;
3. Performance measures, if applicable and appropriate;
4. Reporting and audit requirements; and
5. Provisions for corrective action to address any events of default.
The Minister shall require a third party that is taking operational control of a Component or Sub-component to create Guidelines for the Component or Sub-component the third party may be delegated to operate. The Minister shall require the third party to ensure that the Guidelines do not conflict with anything contained in this OIC. For the purposes of determining whether the Guidelines conflict with this OIC, a conflict shall exist if the Guidelines provide for something that is prohibited under this OIC or if the Guidelines provide that something is not needed which this OIC requires. A conflict shall not, however, exist if the Guidelines set out additional requirements that a Person must follow in order to be eligible under the Program or to receive a payment under the Program.
The Minister shall require the third party to post the Guidelines on the third-party’s website.
1. For the period February 4, 2015 to March 31, 2017, the Minister may allow the third party to amend the Guidelines. Where the third party amends the Guidelines, the following rules shall apply:
  1. A summary of the changes to the Guidelines shall be posted on the third party’s website;
  2. The changes shall be set out in the Guidelines;
  3. The summary of the changes to the Guidelines and the amended Guidelines shall be posted on the third party’s website by November 1st of each year the Program is in effect; and
  4. Any changes to the Program shall not have any retroactive effect.
2. From April 1, 2017 onwards, the Minister may allow the third party to amend the Guidelines. Where the third party amends the Guidelines, the following rules shall apply:
  1. A summary of the changes to the Guidelines shall be posted on the third party’s website;
  2. The changes shall be set out in the Guidelines;
  3. The summary of the changes to the Guidelines and the amended Guidelines shall be posted on the third party’s website; and
  4. Any changes to the Program shall not have any retroactive effect.
The Minister or a third party selected by the Minister, as the case may be, has all necessary authority to operate the Program, Component or Sub-component thereof.
When exercising any powers granted under or complying with requirements set out in this OIC, the Minister, or a third party, as the case may be, shall do so in compliance with any requirements of law, including the requirements set out in this OIC and the Guidelines.

Seeking Advice Regarding the Program

The Minister may select individuals to form a Government-Industry Steering Committee which shall serve to provide advice about any aspect of the Program that the Minister wishes to seek advice about. The Government-Industry Steering Committee shall engage with stakeholders in the wine and grape industry including the GGO, WCO and WGAO and shall be responsible for providing non-binding recommendations, in writing, to the Minister on the issue(s) the Minister is seeking advice for in relation to the Program.

part v – the VQAC component

Funding of the VQAC Component

1. The VQAC provides grant funding to a Recipient for costs in carrying out their operation. For the period April 1, 2015 to March 31, 2017, Recipients must match VQAC grant funding with their own investment on eligible projects. The requirements for the Recipient’s matching investment will be set out in the Guidelines. For the period April 1, 2015 to March 31, 2017, a condition of the grant will be a requirement that a Recipient’s matching investment must be verified at the end of each Fiscal Year in which the Recipient receives VQAC funding.
2. For the period April 1, 2015 to March 31, 2017, the following categories of costs shall be considered as being Eligible Costs under the VQAC :
  1. Project facility modifications or upgrades that are directly related to the production of VQA wines;
  2. The purchase of equipment or machinery that are directly related to the development or implementation of a Project;
  3. Materials and one-time labour charges directly related to the development or implementation of a Project; or
  4. Research, development or marketing costs related to the development or implementation of a Project.
3. For the period April 1, 2015 to March 31, 2017, Eligible Costs under the VQAC shall not include:
  1. Ongoing operational costs such as labour, materials or overhead costs;
  2. Equipment depreciation and maintenance;
  3. General working capital requirements including debt servicing and taxes;
  4. Purchase of land or buildings; or
  5. Mergers or acquisitions.
4. The Minister may set out the types of Eligible Costs that fall within the VQAC in the Guidelines. The Minister may create additional categories of Eligible Costs as well as setting out the types of costs that fall within those categories of Eligible Costs, in the Guidelines, if the Minister is of the opinion that such new categories of Eligible Costs, as well as the types of costs that fall within the additional category of Eligible Costs, if any, are reasonably necessary for the successful operation of the Program.
(5.0) For the period April 1, 2015 to March 31, 2017, a VQAC Funding Cap for each Recipient will be determined as a percentage of the Applicant’s VQA wine sold by the LCBO in the previous Fiscal Year. The VQAC Funding Cap in each year of the Program may be adjusted taking into consideration the number of Program Applicants each year and the VQAC Component Cap.

(5.1) From April 1, 2017 onwards, funding under the VQAC Component for each Recipient will be calculated using a formula that is based on the Applicant’s VQA wine sold through the LCBO, including grocery store channels, in the previous Fiscal Year and considers the volume of sales, the value of sales, and a VQAC Funding Cap where appropriate. The VQAC Funding Cap in each year of the Program may be adjusted taking into consideration the number of Program Applicants each year and the VQAC Component Cap.
1. Under no circumstances shall a Recipient receive more than the VQAC Funding Cap determined in accordance with the Guidelines in each year.
2. In kind contributions, as defined in the Guidelines, will not count toward the Recipient’s contribution.

Eligibility Requirements Under the VQAC

1. The VQAC shall be an application-based program.
2. Funding under the VQAC shall be available to all eligible VQA wine producers who have VQA wine sales by the LCBO in the previous year subject to the annual funding allocation made in each year of the VQAC, as set out in the Guidelines. The Minister may set out additional application rules (as needed) in the Guidelines to ensure that funding is distributed fairly. For the period April 1, 2015 to March 31, 2017, Applicants will be required to complete an approved Project, or make the approved purchases included in their application, within the year in which they are approved. Failure to do so may result in a Payment being an Overpayment. A new application will be required in each year of the Program.
3. Applicants shall meet all eligibility requirements set out in the Guidelines.
4. At a minimum, all Applicants shall meet the following eligibility criteria:
  1. Be a Person;
  2. Be a licensed producer of VQA wines in the Province of Ontario for at least twelve (12) months or a Person with a controlling interest, as determined by the Minister, in one or more licensed producer of VQA wines in the Province of Ontario;
  3. Provide a certified and accurate accounting of the Applicant’s VQA wine sales by the LCBO for the Fiscal Year prior to the date of the Application;
  4. Apply to the Program using a Ministry-approved application form;
  5. Submit the application form by the date and time indicated in the Guidelines;
  6. Agree to comply with the terms and conditions of the Program, as set out in this OIC and the Guidelines;
  7. Have appropriate governance structures, accountability and control processes in place to administer and manage the grant funds and complete the Project for which funding will be provided; and
  8. Be in compliance with and remain in compliance with all applicable federal, provincial and municipal laws.
5. Program Recipients will be required to complete a benchmarking survey at the end of each year in which funding is received. The satisfactory completion of the survey shall be a condition of receiving funding in any subsequent year of the Program.
6. Applicants shall be required to declare all sources of federal, provincial or municipal funding, including the program(s) under which the funding is being provided, in their funding application.
7. Recipients may be required to complete any Project or make any purchase that formed the basis for their application within the Fiscal Year in which they applied for funding.
8. For the period February 4, 2014 to March 31, 2017, Recipients shall provide satisfactory proof of matching investment as required by the Guidelines.
9. Where funding is subject to Eligible Costs, any and all funding received through the VQAC shall be spent on Eligible costs approved by the Minister, or a third party delegated by the Minister to operate the Program in accordance with an agreement.

part vi – the mvip component

Purpose

The purpose of the MVIP Component is provide funding to projects and initiatives to support the wine and grape industry that relate to enhanced marketing efforts with an emphasis on tourism and export development, vineyard improvements, research and innovation development and performance measurement. The MVIP Component will consist of four (4) Sub-components.

Delivery of the MTEDI, RIDI and PMI Sub-Components of MVIP

Without limiting the generality of section 14 of this OIC, if the Minister selects a third party to operate the MTEDI, RIDI or PMI Sub-components, the agreement entered into between the Minister and a third party selected to operate one or more of the Sub-components shall include the following terms and conditions:
1. MTEDI, RIDI or PMI funding shall be administered at the discretion of the third party operator for the purposes of funding Projects that demonstrate a clear benefit to the wine and grape industry in Ontario by increasing VQA wine sales in Ontario and out-of-province, stimulating tourism in Ontario’s wine regions, increasing demand for Ontario VQA wines and grapes, improving industry productivity and innovation, providing demonstrable benefits to Ontario grape growers or supporting performance reporting commitments and access to sector and firm-level performance information;
2. An annual business plan for the approved eligible activities and initiatives that will be undertaken with MTEDI, RIDI or PMI funding will be prepared by the third party;
3. The third party will be required to provide an annual report to the Ministry detailing Program results for the prior year as a condition of receiving additional funding for the delivery of the Program Sub-component;
4. The third party shall comply with the terms and conditions of the MTEDI, RIDI or PMI as set out in this OIC and any agreement that it enters into with the Minister; and
5. The Minister may take back operations of the MTEDI, RIDI or PMI if the third party is not in compliance with the agreement entered into with the Minister or the terms and conditions of the MTEDI, RIDI or PMI as set out in this OIC.

Funding of the VII Sub-Component of MVIP

1. The VII shall operate on a cost-share basis, whereby Recipients will be provided with a percentage amount of funding by the Ministry, as set out in the Guidelines, for any Eligible Costs associated with a Project that are set out in the Program Guidelines. The Program Guidelines for the VII Sub-component may establish specific vineyard improvement Projects which will have priority in determining eligibility for Program funding. Recipients shall bear the remaining percentage of costs for the Project.
(2.0) For the period April 1, 2015 to March 31, 2017, the following categories of costs shall be considered as being Eligible Costs under the VII:
1. Vineyard modifications or upgrades intended to enhance or improve grape quality and production;
2. The purchase of equipment or machinery intended to enhance or improve grape quality and production; or
3. Materials and one-time labour charges directly related to the development or implementation of a Project.
(2.1) From April 1, 2017 onwards, the following categories of costs shall be considered as being Eligible Costs under the VII:
1. Vineyard modifications or upgrades intended to enhance or improve grape quality and production;
2. The purchase of equipment or machinery as set out in the Guidelines; or
3. Materials and one-time labour charges directly related to the development or implementation of a Project.
1. Eligible Costs under the VII shall not include:
  1. Ongoing operational costs such as labour, materials or overhead costs;
  2. Equipment depreciation and maintenance;
  3. General working capital requirements including debt servicing and taxes; or
  4. Purchase of land or buildings.
2. The Minister may set out the types of costs that fall within the VII in the Guidelines. The Minister may create additional categories of Eligible Costs as well as setting out the types of costs that fall within those categories of Eligible Costs, in the Guidelines, if the Minister is of the opinion that such new categories of Eligible Costs, as well as the types of costs that fall within the additional category of Eligible Costs, if any, are reasonably necessary for the successful operation of the Program.
3. A Recipient shall not receive more than an amount to be determined on the basis of the Recipient’s Wine Grape Acreage and calculated in accordance with the Guidelines in each Fiscal Year of the Program. The allowable amount per acre and the maximum funding that a Recipient may be eligible to receive in a Fiscal Year will be determined by the Minister and set out in the Guidelines.
4. Only Wine Grape Acreage will be counted toward the calculation of an Applicant’s funding eligibility under the VII.
5. Recipients can apply more than once to the VII but under no circumstances shall a Recipient receive more than the maximum allowable funding in a Fiscal Year calculated in accordance with the Guidelines.
6. In kind contributions may count toward the Recipient’s contribution but in kind rates will be capped for both labour and machinery within the Guidelines.

Eligibility Requirements Under the VII Sub-Component

1. The VII shall be an application-based program. The Minister may create more than one phase for the approval process depending upon the range of Project funding requests under the VII.
2. The following applies unless the Minister has set out a process for merit based funding in the Guidelines:
  1. For the period April 1, 2015 to March 31, 2017, funding under the VII shall be available to all eligible Active Growers on a first-come, first-serve basis in each year of the VII, as set out in the Guidelines. Once all available first year funding has been allocated, a queue of applicants will be established with priority access to funding available in the next year. From April 1, 2017 onwards, as set out in the Guidelines, a queue of Applicants for the application cycle may be established with priority access to funding for any eligible Active Grower who applied for funding for an eligible project in the previous application cycle but did not receive funding, and who applies for funding for the same project or a new project during the current application cycle. All other Active Growers may apply on a first come, first served basis for funding, as set out in the Guidelines.
  2. The Minister may set out additional application rules (as needed) in the Guidelines to ensure that funding is distributed fairly. Applicants will be required to complete the approved Project, or make the approved purchases included in their application, within the year in which they are approved. Failure to do so will result in the expiry of the application approval. A new application during a future application cycle will be required if an Active Grower still wishes to participate in the VII once their approved application expires.
(2.1) The following applies if the Minister has set out a process and criteria for merit based funding in the Guidelines:
1. Funding under the VII shall be available to all eligible Active Growers based on the merit based process set out in the Guidelines. The merit based process will be developed in consultation with the Government-Industry Steering Committee with the intention of providing funding which supports the program objective of supporting industry investment in productivity and innovation.
2. The Minister may set out additional application rules (as needed) in the Guidelines to ensure that funding is distributed fairly. Applicants will be required to complete the approved project, or make the approved purchases included in their application, within the year in which they are approved. Failure to do so will result in the expiry of the application approval. A new application in a future application cycle will be required if an Active Grower still wishes to participate in the VII once their approved application expires.
1. Applicants shall meet all eligibility requirements set out in the Guidelines.
2. At a minimum, all Applicants shall meet the following eligibility criteria:
  1. Be a Person;
  2. Hold a Farm Business Registration Number;
  3. Hold a GGO Number;
  4. Be an Active Grower;
  5. Apply to the Program using a Ministry-approved application form;
  6. Submit the application form by the date and time indicated in the Guidelines;
  7. Agree to comply with the terms and conditions of the Program, as set out in this OIC and the Guidelines;
  8. Be in compliance with and remain in compliance with all applicable federal, provincial and municipal laws; and
  9. Fully cooperate in any audits that may be initiated in relation to any funding the Applicant receives under the Program.
3. Active Growers who lease the land upon which Wine Grape Acreage is planted are eligible to apply for funding under the VII provided the owner of the land has provided written consent on the Ministry-approved application form.
4. Applicants receiving funding from any other federal, provincial or municipal government program for similar expenses shall not be eligible to receive VII funding.
5. Applicants shall be required to declare all sources of federal, provincial or municipal funding, including the program(s) under which the funding is being provided, in relation to their Wine Grape Acreage.
6. Recipients shall be required to complete the Project or make the purchases that formed the basis of their application within the Fiscal Year in which they applied for funding. Failure to do so will result in the expiry of the Ministry’s commitment to provide funding to the Recipient. Recipients who have let their funding lapse after the first year must re-apply for funding in the second year if they still wish to participate in the VII.
7. Any and all funding received through the VII shall be spent on Eligible Costs associated with Projects pre-approved by the Ministry for vineyards located within Ontario.

Part VII – Reporting And Audits

A Person that has applied to the Program shall retain all records relating to any Payments under the Program for a period of at least seven (7) years from the date in which the Person filed the application or the date on which the Person received a Payment under the Program, whichever is the latter.
A Person that has applied to the Program consents to any audits that may be conducted in relation to the Program so that any claims for Payment can be verified or for the enforcement of the terms and conditions of the Program, as set out in this OIC and the Guidelines. The Person further consents to provide all necessary information required to verify and administer the Program.
A Person that has applied to the Program shall provide reasonable assistance to any auditor conducting an audit under that Program. This includes allowing access to any person, place or thing required for auditing purposes.
A Person that has applied to the Program authorizes the Minister or the third party delivering the Program on behalf of the Minister (as the case may be), including their respective delegates, to obtain information from any government department/ministry, agency or third party for the purposes of verifying the eligibility of any Payment that may be provided under the Program or any other information that the Person has provided under the Program.
A Person that has applied to the Program consents to the Minister or the third party delivering, administering or operating the Program on behalf of the Minister (as the case may be), including their respective delegates, to release information that they may have collected to any government department/ministry, agency or third party for the purposes of verifying the eligibility of any Payment that may be provided under the Program or any other information that the Person has provided under the Program.
A Person that has applied to the Program as a sole proprietor, as a partner within a partnership or as a member of an unincorporated authorizes the Minister or a third party delivering the Program on behalf of the Minister (as the case may be), including their respective delegates, to collect and use that Person’s Social Insurance Number where it is necessary for the purposes of ensuring the Person pays taxes on any Payments received under the Program, auditing the Person or collecting overpayments from the Person. The Person further consents to the Minister or the third party delivering the Program on behalf of the Minister (as the case may be), including their respective delegates, to release their Social Insurance Number where it is necessary for the purposes of ensuring the Person pays taxes on any Payments received under the Program, auditing the Person or collecting overpayments from the Person.

Part VIII – General

Applying to this Program for a Payment does not create any legal or other right to any Payment under this Program.
Any Payment a Person may be eligible to receive under this Program may be set off against any existing debt that that Person owes to Her Majesty the Queen in Right of Ontario.
If a Person receives an Overpayment, that Overpayment shall constitute a debt that is owed to Her Majesty the Queen in Right of Ontario and is payable immediately upon demand.
Any Person that provides false or misleading information under the Program shall have his/her/its/their participation in the Program immediately terminated. Any Payments that the Person received under the Program, including those provided prior to the submission of the false or misleading information, shall be deemed to be an overpayment and shall constitute a debt that is owed to Her Majesty the Queen in Right of Ontario payable immediately upon demand.
Her Majesty the Queen in Right of Ontario may charge interest on the debt that a Person owes as a result of receiving a Payment (through administrative error or otherwise) that that Person was not otherwise eligible to receive at the applicable interest rate that is charged by Her Majesty the Queen in Right of Ontario.
The right of set off is in addition to any other legal remedies that Her Majesty the Queen in Right of Ontario may have at law, equity or otherwise to recover any debt that a Person may owe to Her Majesty the Queen in Right of Ontario as a result of that Person receiving a Payment (through administrative error or otherwise) under this Program that that Person was not otherwise eligible to receive.
Funding under this Program is being provided in connection with a social and economic policy and this Program shall be deemed to be a social or economic program.

Ministry of Agriculture, Food and Rural Affairs

Approved and Ordered: March 08, 2017

Updated: June 29, 2022

Published: March 22, 2017