The Agreement
This AGREEMENT made this 6th day of September 1991,
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BETWEEN:
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HER MAJESTY THE QUEEN in right of Canada (herein referred to as "Canada"),
represented by the Minister of Agriculture;
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AND:
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HER MAJESTY THE QUEEN in right of Ontario (herein referred to as "Ontario"),
represented by the Minister of Agriculture and Food
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WHEREAS Canada and Ontario recognize that agri-food sector producers may
be suffering severe income losses as a consequence of environmental degradation;
WHEREAS Canada and Ontario recognize the need to conserve and enhance the
natural resources that agriculture uses and shares;
WHEREAS Canada and Ontario recognize the need for agriculture to be compatible
with other environmental resources that are affected by agriculture;
WHEREAS Canada and Ontario recognize the need to be proactive in protecting
the agri-food sector from the environmental impacts caused by other sectors
and factors external to agriculture;
WHEREAS the Federal/Provincial Agriculture Committee on Environmental Sustainability,
established under the Agri-Food Policy Review, has developed an action plan
to address resource base and environmental quality issues facing Canada's
agri-food sector;
WHEREAS Canada and Ontario plan to sign an "Environmental Sustainability
Accord Respecting the Agri-Food Sector" which shall provide umbrella guidelines
and a management structure for this Agreement;
WHEREAS the Governor-in-Council by Order in Council P.C. 19911/939 of the
23rd day of May, 1991, has authorized the Minister of Agriculture to enter
into this Agreement on behalf of Canada; WHEREAS the Lieutenant Governor-in-Council
by Order in Council No. 3032/90 of the 31st day of July, 1990, has authorized
the Minister of Agriculture and Food to undertake the work described in section
2, Schedule A to this Agreement on behalf of Ontario;
NOW THEREFORE the parties hereto mutually agree as follows;
1. DEFINITIONS
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1.1 |
"Federal Minister" means the Minister of Agriculture for Canada and
includes any person authorized to act on the Minister's behalf. |
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1.2 |
"Federal Responsible Officer" means the federal officer designated
to manage this Agreement. |
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1.3 |
"Fiscal Year" means a period of one year commencing on April 1 and
ending on March 31. |
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1.4 |
"Ministers" refers to the Federal and Provincial Ministers who are
signatory to this Agreement. |
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1.5 |
"Program" or "Initiative" means a principle component of this Agreement
as outlined in the workplan. |
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1.6 |
"Provincial Minister" means the Minister of Agriculture and Food for
Ontario and includes any person authorized to act on the Minister's behalf. |
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1.7 |
"Provincial Responsible Officer" means the provincial officer designated
to manage this Agreement. |
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1.8 |
"Workplan" means a plan that sets out the federal and provincial actions
and resources for each Program or Initiative under this Agreement. |
2. PURPOSE
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2.1 |
The overall purpose of this Agreement is to facilitate effective resource
management and environmental sustainability practices as a key to increasing
long term financial returns to agri-food sector producers, sustainability
of the natural resource base for agriculture, and competitiveness of the
agri-food sector. |
3. IMPLEMENTATION AND MANAGEMENT
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3.1 |
This Agreement shall be co-managed by a Federal/Provincial Agreement
Management Committee. This Federal/Provincial Agreement Management Committee
shall be the same committee presently responsible for the National Soil
Conservation Program in Ontario.
The duties of the Management Committee shall be to:
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ensure that the intent and the Terms and Conditions of this Agreement
are carried out;
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develop a workplan required to implement the intent of this Agreement;
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review the activities of both parties periodically to ensure consistency
with the intent of this Agreement;
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coordinate activities with other departments and agencies within
their respective governments;
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ensure the environmental soundness of all Programs and projects under
this Agreement;
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ensure that projects under this Agreement are reviewed, approved
and inspected for eligibility;
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approve all amendments to any Program under this Agreement where
it considers that the purpose of this Agreement would be furthered;
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approve public information and promotional material released under
this Agreement;
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establish advisory and technical committees as are deemed necessary
to carry out the implementation of this Agreement;
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carry out any other powers or functions specified elsewhere in this
Agreement.
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3.2 |
The Federal Minister shall designate the Federal Responsible Officer(s)
and the Provincial Minister shall designate the Provincial Responsible
Officer(s) with equal Federal/Provincial representation. |
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3.3 |
Canada and Ontario shall provide the Agreement Management Committee
with all data and information deemed necessary to carry out its responsibilities; |
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3.4 |
Subject to the Access to Information Act and the Privacy Act of Canada,
Canada and the Province shall provide the Agreement Management Committee
with all information necessary for the performance of its functions. In
case of written information, it is understood that all the information
shared by one party to the other shall not be considered confidential
unless both parties treat the shared information in confidentiality. |
4. WORKPLAN
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4.1 |
Canada and Ontario agree to undertake a work planning process for the
implementation of this Agreement. The Workplan shall be reviewed and updated
as required by the Agreement Management Committee. |
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4.2 |
The Workplan shall define the principles, financial and human resource
commitments, activities and delivery arrangements for this Agreement consistent
with the types of projects listed in Schedule A of this Agreement. |
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4.3 |
Approval of the Workplan shall be through the signatures of the Agreement
Management Committee for this Agreement. |
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4.4 |
The Workplan may include, but is not restricted to, details of activities
under each program element. These activities shall address the natural
resource and environmental quality issues facing the agri-food sector
in Ontario. The activities shall focus on one or more of the eight issues
identified in the Report of the Federal-Provincial Agriculture Committee
on Environmental Sustainability to Agriculture Ministers dated June 30,
1990. |
5. FINANCIAL PROVISIONS
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5.1 |
Notwithstanding anything in this Agreement, the total contributions
payable by Canada shall not exceed One Million Eight Hundred Thousand
Dollars ($1,800,000). |
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5.2 |
Notwithstanding anything in this Agreement, the total contributions
payable by Ontario shall not exceed One Million Eight Hundred Thousand
Dollars ($1,800,000). |
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5.3 |
Each party shall be responsible for financing its own activities as
defined in the Workplan; and within its own activities, each party may
shift its funds from one project to another based on need. |
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5.4 |
The financial provisions to be addressed in the Workplan shall include:
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the work implementation responsibilities of each party and the resources
to be committed by each party, and;
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clear identification of the costs which shall be regarded as a contribution
under this Agreement.
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5.5 |
Pursuant to Section 40 of the Financial Administration Act, the financial
obligations of Canada hereunder are subject to the express condition that
there be an appropriation by the Parliament of Canada for the funds necessary
for the Fiscal Year in which they are required. |
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5.6 |
The financial obligations of Ontario hereunder are subject to the express
condition that there be an appropriation by the Legislative Assembly of
Ontario for the funds necessary for the Fiscal Year in which they are
required. |
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5.7 |
Canada and Ontario agree to obligate recipients of funds pursuant to
this Agreement to repay overpayments, unexpended balances and disallowed
expenses and make a declaration that such amounts constitute debts due
the Crown. |
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5.8 |
Administrative costs incurred by Ontario under this Agreement shall
be borne by Ontario. |
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5.9 |
mAdministrative costs incurred by Canada under this Agreement shall
be borne by Canada. |
6. PAYMENT AND AUDITS
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6.1 |
Method of Payment
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Monies expended by the province on acceptable environmental sustainability
Initiatives since April 1, 1990 and not already cost shared against
other federal programs are eligible.
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Provincial Initiatives to be included in this Initiative must be
approved by the Federal Minister.
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The Initiative must be approved by a signed workplan by the federal
and provincial representatives before federal payment can begin.
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Ontario shall provide periodic statements, at least annually, of
the forecasted or actual cash flow of payments to eligible participants.
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6.2 |
Audit Arrangements
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Where appropriate, the Province of Ontario shall ensure the distribution
of benefits to producers as stipulated in the Workplan.
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The Province of Ontario shall allow representatives of the federal
government access, for audit purposes, to accounting materials related
to the implementation of all Programs covered by this Initiative, and
ensure that proper and accurate records are maintained for three years
after the termination date of this Agreement.
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Within six (6) months of the termination of this Agreement, an audit
of both parties shall be performed. The funding of the audit shall be
determined by the Agreement Management Committee.
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Recipients misrepresenting information may be required to forfeit
all benefits under the Initiative and may be subject to prosecution
and exclusion from participating in future programs administered by
Agriculture Canada.
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7. EVALUATION
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7.1 |
During the term of this Agreement, but in no case later than six (6)
months from the termination of this Initiative, Canada and Ontario shall
jointly effect an evaluation of the Program with regard to the objectives
stated in the Workplan. Funding of the evaluation shall be determined
by the Agreement Management Committee. |
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7.2 |
Canada and Ontario shall provide each other with all relevant information
and data as may reasonably be required for any evaluation that pertains
to this Agreement. |
8. PUBLIC INFORMATION
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8.1 |
Parties to this Agreement shall cooperate in the planning, development
and delivery of public information activities under this Agreement. |
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8.2 |
All public information undertaken in connection with jointly funded
projects under this Agreement shall be in both official languages, shall
clearly make reference to being delivered under this Agreement and fully
and fairly reflect the contribution of both parties. |
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8.3 |
Each party shall keep the other fully informed on all public information
activities planned or delivered under this Agreement. |
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8.4 |
All major announcements considered important by the Agreement Management
Committee shall be approved by the Federal and Provincial Ministers, give
equal prominence to both parties and be issued simultaneously. |
9. GENERAL PROVISIONS
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9.1 |
No member of the House of Commons of Canada, the Senate of Canada or
the Legislative Assembly of Ontario shall be admitted to any share of
this Agreement or of any benefit arising therefrom. |
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9.2 |
Nothing in this Agreement is to be construed as authorizing one party
to contract or incur any obligation on behalf of the other party. |
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9.3 |
Canada and Ontario shall ensure that the intent of the federal and
provincial environmental assessment and review procedures are followed
for all projects under this Agreement. |
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9.4 |
Nothing in this Agreement shall prevent the party implementing Programs
and projects from arranging with the other party for delivery of all or
part of a Program or project. |
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9.5 |
This Agreement and Schedule "A" constitute the entire Agreement between
the parties hereto with respect to the subject matter hereof. |
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9.6 |
This Agreement is subject to the laws in force in the Province of Ontario. |
10. TERMINATION AND AMENDMENT
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10.1 |
This Agreement shall terminate on March 31, 1992. No project completion
date shall extend beyond March 31, 1992, and no claim shall be paid after
the close of the 1991-92 Fiscal Year. |
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10.2 |
This Agreement may be amended from time to time by agreement of the
Ministers expressed in writing. |
IN WITNESS WHEREOF, this Agreement has been executed on behalf of Canada
by the Minister of Agriculture and on behalf of Ontario by the Minister of
Agriculture and Food;
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IN THE PRESENCE OF:
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HER MAJESTY THE QUEEN IN RIGHT
OF CANADA
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______________________________
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______________________________
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Witness
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Minister of Agriculture
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Dated 6 SEPTEMBER, 1991
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HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE
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___________________________
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______________________________
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Witness
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Minister of Agriculture and Food
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Dated August, 1991
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SCHEDULE "A"
WORKPLAN
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1.
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ENVIRONMENTAL SUSTAINABILITY INITIATIVE (ESI) $1,800,000 IN FEDERAL
ACTIVITIES,
1991-92
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$125,000
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RESEARCH: U of G (Bev Kay) study, in conjunction with NSCP.
"Methodologies for assessing soil structure and prediction of crop
responses to changes in soil quality: Phase I".
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$ 65,000
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POLICY/CONSULTATION: Stakeholder Workshop on Green Plan.
A workshop of some 50-70 stakeholders in agri-food environmental sustainability
to identify priorities and recommend programming under the Green Plan.
Core of this workshop group will be long-term advisory committee to Accord
Committee.
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$ 60,000
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AWARENESS: TVO proposal for hour-long TV show on environmental sustainability
in agriculture.
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$150,000
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AWARENESS: Soil & Water Conservation Info Bureau.
Three specific programs, part of the original operating plan when the
Bureau was set up with SWEEP funding:
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Newsletter
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Networking/Focus groups with stakeholders
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Improve Agriculture's image classroom software
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$ 50,000
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AWARENESS: CONSERVATION FARMING 1992.
Similar to "Conservation Farming '88", updated.
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$ 75,000
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AWARENESS: CTV special two minute slots.
Two minute science cameos. $75K covers production costs on five of
these, each of which are to be aired 18 times over a 13 week period. Commercial
advertisers pay for air time.
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$500,000
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RESEARCH, INCENTIVE: Rural Groundwater Quality Survey
Groundwater contamination can be caused by many farm activities (eg.
from fertilizer, pesticides, manure, fuel tank leaks, etc.). There has
not yet been a comprehensive survey of rural Ontario to test for the broad
range of possible chemical and bacterial contaminants. This sampling project
will involve well water testing plus field testing with multi-level samplers.
Results will provide baseline data, plus identify specific areas where
more testing and action may be needed to determine causes of contamination.
Some awareness activities may be included.
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$500,000
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EXTENSION & AWARENESS: "Best Management Practices" book, conference,
and field workshops.
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Research, edit and print 50,000 farmer guides to "Best Management
Practices", patterned after the 1991 "Conservation Farm Planning Guide".
Complete by December 1991 with a couple of full-time writers heading
up the writing team, with the team consisting of staff from OMAF, Agriculture
Canada, University of Guelph, Soil and Water Conservation Information
Bureau, etc. Cost estimate: $100K staff etc. to write, $300K printing.
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Conference & workshops: Prepare audio-visuals, organize and staff
150 local meetings. Explain the "BMP" guide, get local input, tie in
with other activities and programs. Cost estimate: $100K.
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$275,000
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OTHER PROJECTS & INCENTIVES: As approved by the Agreement Management
Committee, in accordance with the overall Program criteria of the federal
Environmental Sustainability Initiative.
Expand scope of other projects listed above, and/or increase activities
of the present National Soil Conservation Program (NSCP) -- for example,
broaden the eligibility criteria such as increasing the eligible width
of buffer strips, add windbreaks, increase acreage eligible for block
planting of trees, more demonstration sites, extra awareness, etc.
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$1,800,000 - TOTAL FEDERAL ACTIVITY
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2.
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ENVIRONMENTAL SUSTAINABILITY INITIATIVE (ESI) $1,800,000 IN PROVINCIAL
ACTIVITIES, 1991-92
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$1,800,000
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INCENTIVES: "Land Stewardship II" (LSII) program of the Ontario Ministry
of Agriculture and Food (OMAF)
LSII is a $38 million program. Grants of over $10 million will be made
in the 1991-92 fiscal year to farmers for activities consistent with the
criteria for ESI and with the eight issues identified by the 1990 "Report
of the Federal-Provincial Committee on Environmental Sustainability in
the Agri-Food Sector", and of this amount a specific $1.8 million will
be identified as matching funds for ESI.
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$1,800, 000 - TOTAL PROVINCIAL ACTIVITY
Created: October 24, 1997 09:38:25 AM
Last Revised:
Tuesday, May 10, 2011 11:15:32 PM
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