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Land Management Assistance Program
(LMAP)

The Agreement
 

This AGREEMENT made this 25 Day of March,1992

 

BETWEEN:

The Government of Canada as represented by the Minister of Agriculture for Canada, hereafter referred to as Canada;

AND

The Government of Ontario as represented by the Minister of Agriculture and Food for Ontario, hereafter referred to as Ontario;

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 importance of matching land use and production systems to the natural characteristics and long-term productive capabilities of the land in order to minimize environmental damage;

WHEREAS Canada and Ontario recognize that producers of grains and oilseeds and edible horticultural crops require short-term income assistance to develop and maintain environmentally sustainable farming practices;

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 the Government-in-Council by Order in Council P.C. 1991 - 4/995 of the 30th day of May, 1991, has authorized the Minister of Agriculture to enter into this Agreement on behalf of Canada;

NOW THEREFORE the parties hereto mutually agree as follows:

1. DEFINITIONS

1.1

"Committee" means the Agreement Management Committee.

1.2

"Federal Minister" means the Federal Minister of Agriculture and includes any person authorized to act on the Minister's behalf.

1.3

"Fiscal Year" means a period of twelve months commencing on April 1 of one year and ending on March 31 of the following year.

1.4

"Project" means a program, initiative or project as outlined in the workplan.

1.5

"Provincial Minister" means the Minister of Agriculture and Food for Ontario and includes any person authorized to act on the Minister's behalf.

1.6

"Workplan" means the description of a Project and the terms, conditions and obligations under which the parties will carry out the Project under this Agreement.

2. PURPOSE

2.1

The purpose of this Agreement is to facilitate the adoption of effective resource management and environmental sustainability farming practices as a key to increase the long-term sustainability of the natural resource base for agriculture, and competitiveness of the agri-food sector.

3. IMPLEMENTATION AND MANAGEMENT

3.1

This Agreement shall be co-managed by a Federal/Provincial Agreement Management Committee under the direction of the Canada/Ontario Environmental Sustainability Accord Committee, herein called the Accord Committee. As stated herein, the parties agree the Agreement Management Committee will be the same committee presently responsible for the management of the National Soil Conservation Program and Environmental Sustainability Initiative in Ontario.

The duties of the Agreement Management Committee shall be to:

  1. ensure that the intent and the terms and conditions of this Agreement are carried out;

  2. develop a detailed Workplan, including the establishment of program details such as maximum levels of support, to implement this Agreement;

  3. review the activities of both parties periodically to ensure consistency with the intent of this Agreement;

  4. coordinate activities with other government departments and agencies;

  5. ensure the environmental soundness of all Projects under this Agreement;

  6. ensure the review, approval and inspection of eligible Projects under this Agreement;

  7. approve all amendments to any Project under this Agreement where it considers that the purpose of this Agreement would be furthered;

  8. recommend to the Federal and/or Provincial Minister of Agriculture the public information and promotional material to be released under this Agreement;

  9. establish advisory and technical committees as are deemed necessary to carry out the implementation of this Agreement;

  10. carry out any other powers or functions specified elsewhere in this Agreement.

3.2

Each party to the Agreement shall have equal representation on the Agreement Management Committee with the number of representatives to be agreed between Canada and Ontario.

3.3

Subject to the Access to Information Act and the Privacy Act of Canada and the Ontario Freedom of Information and Protection of Personal Privacy Act, Canada and Ontario shall provide the Agreement Management Committee with all data and information deemed necessary to carry out its responsibilities.

4. WORKPLAN

4.1

Canada and Ontario agree to undertake a Work Planning process for the implementation of this Agreement and any Project undertaken under this agreement. The Workplan shall be reviewed and updated as required by the Accord Committee.

4.2

The Workplan shall include the details of each Project including, but not necessarily limited to, the purpose or objectives of the Projects, necessary guidelines for performing the work, time frame for completion of each stage of the Project and for finalization, monitoring and evaluating the Project, reporting requirements, financial and human resources, payment schedule including provisions and terms for advance payments, accountability, auditing and delivery arrangements for this Agreement, consistent with the types of Projects listed in Schedule A of this Agreement.

4.3

The Workplan may include, but is not restricted to, details of activities under each Project element. These activities will address the natural resource and land improvement issues facing the agri-food sector in Ontario. The activities will focus on facilitating the adoption of effective resource management and environmental sustainability practices, sustainability of the natural resource base for agriculture, and competitiveness of the agri-food sector.

4.4

The Workplan will be developed in consultation with relevant departments, ministries, agencies, producer and local organizations and associations as appropriate, and where possible accommodate to the extent possible their goals and objectives.

4.5

The Accord Committee will approve the Workplan..

5. FINANCIAL PROVISIONS

5.1

Notwithstanding anything in this Agreement, the total contributions payable by Canada shall not exceed Fifteen Million, Two Hundred and Forty Two Thousand Dollars ($15,242,000).

5.2

The financial provisions to be addressed in the Workplan shall include:

  1. the work implementation responsibilities of each party and the resources to be committed, and;

  2. where provincial programs are being topped up or extended, clear identification of the costs which will be regarded as a contribution under this Agreement.

5.3

The provision of financing by Canada for the implementation of this Agreement is subject to appropriation of funds by the Parliament of Canada.

5.4

Canada shall be responsible for financing all activities as defined in the Workplan. Based on need and the approval of the Accord Committee, funds may be shifted from one Project to another.

5.5

Canada and Ontario shall require recipients of funds pursuant to the Agreement to repay overpayments, unexpended balances and disallowed expenses and make a declaration that such amounts constitute debts due the Crown.

5.6

Administrative costs incurred by Ontario under this Agreement shall be borne by Ontario.

5.7

Administrative costs incurred by Canada under this Agreement shall be borne by Canada.

6. PAYMENT AND AUDITS

6.1

Method of Payment

  1. The program must be approved by a signed Workplan by the Accord Committee before federal payments to recipients can begin.

  2. Quarterly statements will be prepared of the actual payments made to eligible recipients.

6.2

Audit Arrangements

  1. Where appropriate, Ontario shall ensure the distribution of benefits to producers as stipulated in the Workplan.

  2. 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.

  3. Each party, within six (6) months of the termination of this Agreement, shall perform an audit in accordance with their respective government's policy. The funding of the audit shall be determined by the Accord Committee.

  4. Participants must be advised of, and agree to, the exchange of information relating to this and other related government programs from which they receive payments.

  5. Recipients must be advised that participants misrepresenting information may be required to forfeit all benefits under this Agreement and may be subject to prosecution and exclusion from participating in future programs administered by Agriculture Canada and the Ontario Ministry of Agriculture and Food.

  6. Any money paid in excess to a recipient including overpayment or lapsed funding shall be an amount due to the Government of Canada.

7. EVALUATION

7.1

During the term of this Agreement, but in no case later than six (6) months from the termination of this Agreement, Canada and Ontario shall jointly effect an evaluation of the Projects carried out under this Agreement with regard to the objectives stated in the Workplan. Canada will be responsible for funding the evaluation of this Agreement.

7.2

Each party to this Agreement shall provide all relevant information and data as may reasonably be required for any evaluation that pertains to this Agreement. Refer to Section 3.3 of this Agreement.

8. PUBLIC INFORMATION

8.1

Parties to this Agreement will cooperate in the planning, development and delivery of public information activities under this Agreement.

8.2

All public information undertaken in connection with this Agreement shall, where appropriate, be in both official languages; clearly make reference to being delivered under this Agreement; and fully and fairly reflect the contribution of the Government of Canada.

8.3

Major announcements will be approved by the Federal Minister of Agriculture and the Provincial Minister of Agriculture and Food, give equal prominence to each party involved, and be issued simultaneously.

9 GENERAL PROVISIONS

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.

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.

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.

9.4

This Agreement and Schedule "A" constitute the entire Agreement between the parties hereto with respect to the subject matter hereof.

9.5

This Agreement is subject to the laws in force in the Province of Ontario.

10. TERMINATION AND AMENDMENT

10.1

This Agreement shall terminate on March 31, 1994. No project completion date shall extend beyond March 31, 1994 and no claim shall be paid after the close of 94/95 fiscal year.

10.2

This agreement may be amended from time to time by written agreement of the Federal Minister of Agriculture and the Provincial Minister of Agriculture and Food.



IN THE PRESENCE OF


GOVERNMENT OF CANADA


_______________________ ______________________________
Witness Minister of Agriculture


Date: 25 Mar 1992





GOVERNMENT OF ONTARIO


_______________________ ______________________________
Witness Minister of Agriculture and Food

Date: 11 Mar 1992




 

SCHEDULE "A"

PROJECT LISTING
LAND MANAGEMENT ADJUSTMENT PROGRAM (LMAP)

$15,242,000 IN FEDERAL ACTIVITIES (1992-94)

NOTES

  1. with the concurrence of the Canada-Ontario Environmental Sustainability Accord Committee, conservation farm plans may be a pre-requisite in Year Two for funding permanent cover and crop residue Projects.
  2. dollar figures quoted below include the cost of delivery, audit and evaluation costs, etc.

 


 

Approx. Funding Project Description
$4,000,000 Permanent Cover Program
  • approximately $4,000,000 to be provided for funding of grass and tree buffer strips along watercourses, windbreaks, managed buffer strips around wetlands (including fencing) and wide buffer strips.
  • a maximum of $10,000 will be paid to participants, including amounts previously received under NSCP.
$6,000,000 30% Crop Residue Program
  • provide funds to participants to increase the amount of erosion protection on their farms by offering an incentive to achieve residue cover in excess of 30%.
  • a maximum of $3,000 per year will be paid to participants.
$3,892,000 Technology Transfer of Environmentally Sustainable Agricultural Practices
  • provide funding assistance to farmers' conservation clubs to implement specific Projects which would allow for more effective farmer to farmer demonstration and technology transfer.
  • fund the development of "best management practices" materials, workshops, training sessions and other educational materials to assist in the technology transfer of environmentally sustainable agricultural practices.
$ 750,000 Ontario Rural Groundwater Survey - Part II
  • enlarge scope of existing Ontario rural groundwater survey by sampling the 1500 farm wells and up to 300 multi-level wells an additional two to three times over the course of 1992/93; this to obtain seasonal samples to complement initial survey conducted in 1991/92 under the Canada-Ontario Environmental Sustainability Initiative.
  • provide funding to allow retesting in 1993/94 of problem wells identified in the 1991-1993 survey.
$ 600,000 Extension of Pilot Demonstration Watersheds
  • to extend the Pilot Demonstration Watersheds component of SWEEP for an additional six month period to allow for sampling of the 1992 spring freshette. This extension would overcome to some extent the data problems which resulted from the droughts of 1988 and 1990 and the flood of 1991.
 

 

 

 LMAP Program

 

Created: October 24, 1997 09:40:52 AM
Last Revised:  Tuesday, May 10, 2011 02:45:46 PM