Minister’s Order

Whereas Ontario’s Craft Ciders are an emerging area within the beverage alcohol sector that has experienced strong growth in the past;

And whereas in the 2024 Ontario budget, the Government of Ontario committed to exploring the establishment of an Ontario Craft Cider Marketing Fund;

And whereas in a letter dated April 23, 2024, from Minister Thompson to the Ontario Craft Cider Association, the Ontario Government confirmed that the Ontario Craft Cider Marketing Fund would provide up to $1 million annually for up to 6 years to help growers and producers scale up, compete, and reach new customers;

Now therefore, pursuant to my authority under sections 4 and subsection 6.2 (1) of the Ministry of Agriculture, Food and Rural Affairs Act, a program to be known as the

Ontario Craft Cider Marketing Fund

is hereby established to provide marketing and educational assistance to encourage Ontario craft cideries to scale up, compete, and reach new customers.

Part I — Definitions, Interpretation and Purposes

Part I.1 — Definitions

  1. For the purposes of this Order, the terms set out in this section 1 will have the meanings herein, unless the context indicates otherwise.

    “Administrator” means the Ontario Craft Cider Association.

    “Administrator Agreement” means a transfer payment agreement entered into between the Province and the Administrator setting out the terms and conditions whereby the Administrator agrees to deliver the Program.

    “Administrator Payment” means the funds paid to the Administrator to cover its costs to deliver 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.

    “Minister” means the Minister of Agriculture, Food and Agri-Business 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.

    “Person” means any legal entity, including natural persons, corporations, partnerships and associations.

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

    “Program” means the Ontario Craft Cider Marketing Fund established under this Order.

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

Part I.2 — Interpretation

  1. 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 — Purposes of the Program

  1. The purpose of the Program is to help the Ontario craft cider sector and Ontario craft cideries to achieve their full potential by investing in marketing, branding and consumer education to help producers and growers scale up, compete and reach new customers. Without limitation by the generality of the following, the Program shall,    
    1. Stimulate growth within the Ontario Craft Cider sector by 2030;
    2. Promote the sustainability of the Ontario Craft Cider sector;
    3. Develop and strengthen consumer awareness of the Ontario Craft Cideries’ quality local products; and
    4. Increase the sector’s capacity to take advantage of export opportunities 

Part II — Term of the Program and Termination

  1. (1) The Program will begin on September 1, 2024.

    (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 into Administrator Agreements; and
    2. Any other ancillary action that is required for the Program to be operational for when this order comes into force and effect.

    (3) The Program shall end on March 31, 2031.

  2. Notwithstanding subsection 4 (3), the Minister may terminate the Program without prior notice if they are of the opinion that it is not meeting its purposes as set out under section 3.  If the 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 upon 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 upon which it was terminated; and
    3. Any Payments owing at the time of termination will be paid.

Part III — Funding for the Program

  1. Funding for the Program will be from the monies allocated to the Ministry by the Legislative Assembly of Ontario for its purposes.
  2. Funding for the Program will only be used for the Program and the costs to administer the Program.

Part IV — Administration of the Program

  1. (1) Despite anything set out in this Order, the Minister or their delegate shall have the right to take any action or make any decision that has been assigned to the Program Administrator under this Order upon the Minister’s own initiative.

    (2) Where the Minister or their delegate exercises their right under subsection 8 (1), the Minister will provide a written notice to the Program Administrator setting out that the Minister is exercising their power under subsection 8 (1) of this Order.

    (3) Without limiting subsection 8 (1), the Minister or their delegate shall have the right to waive any requirement set out under this Order. The Minister shall have the right to impose any terms or conditions made pursuant to section 9 of this Order.
  2. Subject to the terms of any Administration Agreement or the directions of the Minister or their delegate, the Administrator is responsible for the overall administration of the Program. This includes: 
    1. Terminating the Program pursuant to section 5 of this Order; and
    2. Limiting the amount of Personal Information collected under a Program to what is necessary to administer the Program.   

Part V — Costs and Activities for the Purposes of the Program

  1. Eligible costs and activities under this Program are those costs that are properly and reasonably incurred, paid or reimbursed and necessary for the purposes of the Program and as are set out (and distinguished from ineligible costs and activities) in the Administrator Agreement. For greater certainty,
    1. the conditions under which services are to be provided under the Program shall be set out in the Administrator Agreement.
    2. the conditions under which any grants or other payments under the program may be made and the circumstances in which the grants and payments shall be repaid shall be set out in the Administrator Agreement;
    3. any restrictions on whether a grant or the payment made under the Program may be assigned, charged, attached or given as security, and the legal effect of any purported transaction that contravenes the restrictions shall be set out in the Administrator Agreement; and
    4. the circumstances under which eligible costs or expenses incurred by the Administrator may be reimbursed shall be set out in the Administrator Agreement.

Part VI — Collection, Use and Disclosure of Necessary Personal Information under the Program

  1. The collection of Personal Information may be necessary for the proper administration of the Program. Where that is so, the Administrator will only collect or will only allow others to collect on its behalf the minimum amount of Personal Information necessary to meet the Program’s objectives.

    Personal Information collected from Persons, including applicants, participants or recipients, other than demographic information, pursuant to the Program as a requirement for participation in the Program will only be used and disclosed for the purposes of enforcing any terms and conditions of the Program, including:

    1. Conducting audits, and
    2. Collecting any debt any person, including applicants, participants or recipients may owe to the Crown arising:
      1. Prior to their participation in the Program, or
      2. From participating in the Program.
    3. The Administrator shall not collect, use or disclose or allow for the collection, use or disclosure of Personal Information under the Program if such information can be obtained by using non-Personal Information.

Part VII — Audits and In-Force Date

  1. The Administrator will submit to any audits that may be conducted under the Program. The Administrator will provide any information that is requested by an auditor as soon as practicable after such a request and no later than the date set out in the request.
  2. The Administrator will provide all reasonable assistance during any audit. This includes allowing:
    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.
  3. This Order shall come into force and effect on the date it is signed.

Original signed by:

The Honourable Rob Flack
Minister of Agriculture, Food and Agribusiness

Executed on this 29th day of August, 2024.