British Columbia Order in Council — Order under Farm Income Insurance Canada-British Columbia Wildlife Damage Companion Agreement (O.C. 338/2001)

O.C. 338/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 338 , Approved and Ordered MAR 3 0 20 0 t.ieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the Minister of Agriculture, Food and Fisheries and Minister Responsible for Rural Development, on behalf of the Province, to sign the Canada-British Columbia Wildlife Damage Companion Agreement, substantially in the form attached.

Minister of Agriculture, Food and Fisheries and siding Member of the Executive Council Minister Responsible for Rural Development (This

part is for administrative purposes only and is not pan of the Order.) Authority under which Order is made: Act and section: Farm income Insurance Act (RSBC 1996, c. 130, s. 5) Other (specify): 3 oco o \--13

CANADA-BRITISH COLUMBIA WILDLIFE DAMAGE COMPENSATION COMPANION AGREEMENT THIS AGREEMENT made this day of , 2001. BETWEEN: The Government of Canada (referred to as "Canada"), represented by the Minister of Agriculture and Agri-Food, OF THE FIRST PART; - and - The Government of British Columbia (referred to as "British Columbia"), represented by the Minister of Agriculture, Food and Fisheries, OF THE SECOND PART. Canada and British Columbia together are referred to as the "parties".

WHEREAS Canada and British Columbia have agreed to share the administrative costs and compensation payments for a Wildlife Damage Compensation Companion Program that will compensate producers for a portion of commercial crop losses resulting from wildlife or waterfowl crop damage and for livestock injury or death resulting from predation; and

WHEREAS both parties have the required authorities to enter into this Agreement; THEREFORE, both parties agree as follows: 1.0

DEFINITIONS 1.1 "Administrative Expenses" means those expenses defined in Annex A incurred by British Columbia in the administration of the Program for the Fiscal Years 2000-01, 2001-02 and 2002-03. Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../1

- 2 - 1.2 "Agreement" means the Canada-British Columbia Wildlife Damage Compensation Companion Agreement. 1.3 "Bees or Related Products" means honey, honey bees or broods that are contained in beehives, beehives and related equipment, leafcutter bees or broods that are contained in shelters, leafcutter eggs and larvae, shelters, nesting materials and related equipment. 1.4 "Compensation Payment" means the payment to be made to a producer for up to 80% of losses due to: (

a) damage to Eligible Produce by Waterfowl or Wildlife; or (

b) damage to Bees or Related Products by Waterfowl or Wildlife, if the parties agree through the Program Details to compensate for such damage; or (

c) injury or death of Eligible Livestock that resulted from Predators. 1.5 "Counted Programs" means programs funded solely by British Columbia that, as agreed by the parties through an exchange of letters, are counted towards British Columbia's cost-sharing commitments under the Canada-British Columbia Framework Agreement on Agricultural Risk Management. 1.6 "Eligible Livestock" means livestock set out in the Program Details and determined by the parties to be eligible under the Program. 1.7 "Eligible Produce" means produce set out in the Program Details and determined by the parties to be eligible under the Program. Canada-British Columbia Wildlife Damage Compensation Companion Agreement

-3 1.8 "Fiscal Year" means a period of twelve months beginning April 1 and ending March 31. 1.9 "Predators" means predators set out in the Program Details and determined by the parties to be eligible under the Program. 1.10 "Program" means the Wildlife Damage Compensation Companion Program. 1.11 "Program Details" means the detailed description of the Wildlife Damage Compensation Companion Program agreed to by the parties. 1.12 "Responsible Officer" means a person identified by British Columbia to be responsible for submitting the records and information required by this Agreement. 1.13 "Waterfowl" means waterfowl set out in the Program Details and determined by the parties to be eligible under the Program. 1.14 "Wildlife" means wildlife set out in the Program Details and determined by the parties to be eligible under the Program. 2.0 PURPOSE Purpose 2.1 The purpose of this Agreement is to provide for contributions to be made by Canada and British Columbia for Compensation Payments and Administrative Expenses during the Fiscal Years 2000-01, 2001-02 and 2002-03.

Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../3

- 4 - 3.0 BASIS OF PAYMENT TO PRODUCERS 3.1 Losses shall be determined according to generally established adjusting procedures developed by British Columbia. 3.2 Subject to the approval of Canada, British Columbia may cap the losses to be paid on Eligible Livestock at an amount that will encourage producers to carry private insurance on valuable animals. 3.3 Losses due to Waterfowl or Wildlife damage shall be paid at a lesser rate if it is determined to be agronomically feasible to produce another crop on the damaged area in the same growing season.

In such cases, the amount and basis of the loss to be paid shall be determined by British Columbia. 3.4 Livestock losses covered by this Agreement shall be paid at the lesser of the veterinary expenses incurred to treat the animal or the commercial value of the animal, all as determined by British Columbia. 3.5 Losses due to Waterfowl or Wildlife damage shall not be eligible for payment where: (

a) the acreage of the damaged crop has been harvested prior to inspection, (

b) it is determined that the crop was seeded too late to reasonably expect normal yields, (

c) it is determined that the damage occurred after the majority of the crops in the same vicinity were harvested, (

d) the crop was a result of volunteer growth, or (

e) the crop was seeded on land considered Canada-British Columbia Wildlife Damage Compensation Companion Agreement

- 5 - unsuitable for crop production, all as determined by British Columbia. 3.6 The minimum loss to be paid in respect of any claim shall be as determined by British Columbia. 3.7 At the discretion of British Columbia, all or part of a Compensation Payment may be made in the form of materials that will help prevent similar damage in the future. 3.8 British Columbia shall ensure that no Compensation Payments are made for any portion of wildlife losses that has been or will be indemnified under the Canada-British Columbia Crop Insurance Program. 3.9 Payments to producers shall be prorated to ensure that British Columbia's contributions to Compensation Payments do not exceed any limit set out in paragraph 4.3(d). 4.0 FUNDING AND COST-SHARING Appropriation of Funding Canada's contributions 4.1 The obligations of the parties under this Agreement are subject to appropriations of funding by Parliament and the provincial legislature for each of the Fiscal Years 2000-01, 2001-02 and 2002-03.

If, at any time during the duration of this Agreement, Parliament or the provincial legislature changes its funding, the parties agree to renegotiate this Agreement. 4.2 Canada's contributions for Compensation Payments and Administrative Expenses shall not exceed the following amount in a Fiscal Year: (

a) Canada's funding for General Risk Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../5

- 6 - Management Programming allocated to British Columbia as set out in the Canada- British Columbia Framework Agreement on Agricultural Risk Management; plus (

b) Canada's funding for General Risk Management Programming rolled over from previous years, if applicable; less (

c) Canada's funding for the NISA, Fall Cash Advance, and Crop Insurance Programs and other province-based programs pursuant to the following agreements: (

i) Canada-British Columbia Peace River Agriculture Development Program Companion Agreement, and (ii) Canada-British Columbia Companion Agreement to provide for Provincial Contributions to the NISA and Crop Insurance Programs. Federal-provincial cost-sharing 4.3 (

a) Subject to paragraph (b), subsections 4.2 and 6.3 and receipt of the financial estimates set out in subsection 6.2, Canada shall contribute up to 100 percent of Compensation Payments and Administrative Expenditures. (

b) Federal-provincial cost-sharing for the Program shall be calculated to respect the terms of subsection 6.1 of the Canada- British Columbia Framework Agreement on Agricultural Risk Management. (

c) Any Compensation Payments or Administrative Expenses not paid by Canada shall be paid by British Columbia. Canada-British Columbia Wildlife Damage Compensation Companion Agreement ...16

-7 (

d) Notwithstanding paragraph (c), British Columbia's contributions to Compensation Payments shall not exceed any limit that may be agreed to by the parties through an exchange of letters. 5.0 PROGRAM ADMINISTRATION Responsibility for administration 5.1 British Columbia shall administer this Program pursuant to generally established adjusting procedures Where damage relates to injury or death to Eligible Livestock, British Columbia may use the services of other agencies, as required, to assess the damage.

Access to documentation 5.2 British Columbia shall allow representatives of Canada to access any records, information, databases, and other documentation for the purpose of Program audit and evaluation, and for the verification of invoices with respect to payments to applicants and administrative costs. British Columbia shall retain all documentation for a minimum of six (6) years after issuing the final payments under the Program.

Program Details 5.3 Before April 1 of each year of the Program, British Columbia shall submit the Program Details to Canada for Canada's review and approval in writing and prior to distribution to producers. The Program Details may be amended at any time during the duration of the Program with the agreement of the parties. Changes to the Program Details shall only be eligible for contributions where both parties have specifically agreed to such changes in writing. 6.0 FINANCIAL MANAGEMENT Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../7

- 8 - Program account Cost-sharing forecasts Contribution forecast 6.1 British Columbia shall establish and maintain a Program account into which shall be deposited contributions by the parties to Compensation Payments and Administrative Expenses, and any interest income therefrom.

The Program account shall only be used to pay Compensation Payments and Administrative Expenses and the repayment to Canada and British Columbia any amounts paid by Canada and British Columbia. 6.2 In order to calculate the federal-provincial cost- sharing pursuant to paragraph 4.3(b), British Columbia shall provide Canada with an estimate of British Columbia's contribution to each Counted Program at the beginning of each quarter for the current Fiscal Year.

For the first quarter of each Fiscal Year, only an estimate for the Fiscal Year is required, but for subsequent quarters the actual amount contributed by British Columbia for the current Fiscal Year and the balance remaining to be paid in the current Fiscal Year shall be identified for each Counted Program. 6.3 The projected amount of Canada's contribution for Compensation Payments and Administrative Expenditures shall be established and limited on the basis of a forecast at November 30 of the previous Fiscal Year.

Canada shall review and amend that limit throughout the Fiscal Year based on updated forecasts of safety net expenditures as they become available. However, Canada's contribution shall not exceed 90 percent of the estimated amount available for the Program until:

a) British Columbia's safety net allocation for the current Fiscal Year has been reconciled on the basis of all Counted Programs and all programs funded under the federal safety net em dope, and Canada-British Columbia Wildlife Damage Compensation Companion Agreement

9-

b) all revenue and expenditures for this Program have been reconciled to the audited financial statements referred to subsections 7.2 and 7.3. Compensation Payments 6.4 Canada shall pay its contributions for Compensation Payments providing the Responsible Officer delivers to Canada, not more frequently than monthly, a claim detailing the actual Compensation Payments made under the Program, as follows: (

a) the total contributions paid by British Columbia by category (Waterfowl, Wildlife and Eligible Livestock) during the claim period and cumulatively for the year, (

b) the total contributions payable by Canada to British Columbia for the claim period and cumulatively for the Fiscal Year, and (

c) any payments made by British Columbia to producers for more than 80% of losses for the claim period and cumulatively for the Fiscal Year. Administrative Expenses 6.5 The parties shall agree by March 1 whether Canada's share of Administrative Expenses for the following Fiscal Year will be: (

a) in the form of reimbursement to British Columbia on a quarterly basis for Canada's share of actual expenditures claimed as Administrative Expenses; or (

b) in the form of quarterly advances to British Columbia based on quarterly cash flow projections of Administrative Expenses. Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../9

- 10 - Advances for Administrative Expenses 6.6 (

a) Subject to subsection 6.5, advances for Administrative Expenses shall be made in the form of monthly advances to British Columbia based on projections contained in quarterly cashflow statements certified by the Responsible Officer. These statements shall be provided by British Columbia to Canada by the 15th day of the month following the end of each quarter and shall contain details of the Administrative Expenses related specifically to the Program, by category. (

b) Accounting for advances shall be done on the basis of the quarterly cashflow statements. In these statements, prior quarters shall be updated using actual Administrative Expenses paid by category and upcoming quarters shall be updated using more recent estimates. At no time shall more than one quarter's advance be outstanding and unaccounted for. Any advances for a given Fiscal Year which cannot be accounted for by Provincial expenditures related to the same Fiscal Year shall be returned to Canada. (

c) In addition to the quarterly cash flow statements, British Columbia shall deliver to Canada, no later than March 1 prior to each Fiscal Year of the Program, a projection of Administrative Expenses by quarter for the following Fiscal Year. Reconciliation 6.7 Within 60 days of the receipt of the audited financial statements, referred to in subsections 7.2 and 7.3, Canada shall pay to British Columbia the balance owing by Canada, if any, for the difference between actual and forecasted expenditures. If an Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../10

amount is repayable by British Columbia with respect to any Fiscal Year, Canada shall deduct the said amount from the first contribution payment following receipt of the audited financial statements.

Upon termination of the Program by one or both of the parties, any outstanding amount identified on the final reconciliation shall be paid or reimbursed to the appropriate party within 60 days of the receipt of the final audited financial statements. 7.0 EVALUATION AND AUDIT Program evaluation Financial Audit Audit of Counted Programs 7.1 British Columbia shall complete an evaluation of the Program by March 31, 2004, based on the terms of reference agreed to by Canada and British Columbia. 7.2 British Columbia shall be responsible for conducting an annual financial audit of the Program, which shall be carried out by the provincial auditor or by a recognized independent accredited auditor, approved by British Columbia.

Financial information relating to this Program shall be presented separately in the audited financial statements. The audit report and an accompanying management letter shall be forwarded to Canada no later than November 30 following the end of the Fiscal Year. 7.3 For each Counted Program, British Columbia shall forward an annual financial audit report or an excerpt from British Columbia's Public Accounts setting out expenditures under these Counted Programs, no later than November 30 following the end of the Fiscal Year.

Compliance audit 7.4 Canada shall be responsible, at its expense, to Canada-British Columbia Wildlife Damage Compensation Companion Agreement

- 12 - ensure an independent audit is conducted to determine that the Program has been administered in accordance with the terms and conditions set out in this Agreement. Where practical and to avoid any duplication, Canada will coordinate this audit with any similar audit undertaken by British Columbia with respect to British Columbia's share of the Program. This audit shall be performed for the 2001-02 Fiscal Year.

Canada may perform an audit on subsequent Fiscal Years. 8.0 COMMUNICATIONS Public information 8.1 All public information in connection with this Agreement distributed by either or both parties shall clearly make reference to this Agreement and fairly reflect the contribution of each party to the Agreement. Language of 8.2 Press releases, announcements and other communications information related to this Agreement shall be available in both official languages upon request.

The availability of this information in the other official language shall be clearly stated in that official language. 9.0 GENERAL PROVISIONS Program Termination Duration 9.1 Upon termination of this Program, any surplus in the Program account not used for Compensation Payments or Administrative Expenses shall be returned to the parties in proportion to their contributions. 9.2 This Agreement comes into effect once signed by both parties and provides for expenditures to the Program for the Fiscal Years 2000-01, 2001-02 and Canada-British Columbia Wildlife Damage Compensation Companion Agreement ...112

- 13 - 2002-03.

Termination Indemnification of the Crown Representation by a party Eligibility of Members of the House of Commons Eligibility of former federal public office holders or public servants 9.3 The terms of this Agreement shall terminate March 31, 2003, with the exception of the audit and review clauses which shall remain in effect until these activities have been completed. 9.4 British Columbia shall indemnify and save harmless Canada, the Minister, his or her officers, servants and agents against all claims, demands, losses, damages, actions and other proceedings against Canada made by any third party arising out of the administration of the Program. 9.5 Nothing in this Agreement is to be construed as authorizing one party to contract or incur any obligation on behalf of the other party, unless specifically provided for in this Agreement. 9.6 No Member of the House of Commons shall be allowed to derive any financial advantage resulting from the operation of this Agreement.

Canada shall be fully responsible for paying any incremental costs related to the administration of this provision and for recovering any overpayments made as a result of the contravention by an applicant. 9.7 Applicants who are not in compliance with the federal Conflict of Interest and Post- Employment Code for Public Office Holders or the federal Conflict of Interest and Post- Employment Code for the Public Service shall not derive a direct benefit from the Federal Compensation under this Agreement.

Canada shall be fully responsible for paying any incremental costs related to the administration of this provision and for recovering any overpayments made as a result of the contravention by an applicant. Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../13

- 14 - Registration of 9.8 British Columbia shall ensure that a person lobbyists lobbying, as defined in the federal Lobbyists Registration Act, on behalf of an applicant in that Province is registered pursuant to the Act. For greater clarity, this Act does not apply to, among others, members of the legislature of a province or territory or their staffs and employees of provincial and territorial governments. Canada-British Columbia Wildlife Damage Compensation Companion Agreement .../ 1 4

- 15 - IN WITNESS THEREOF this Agreement is duly executed by the authorized representatives of the parties. Signed in counterpart with the two counterparts taken together to constitute the whole Agreement. WITNESS SIGNATURE DATE Minister of Agriculture and Agri-Food Canada Minister of Agriculture, Food and Fisheries British Columbia Canada-British Columbia Wildlife Damage Compensation Companion Agreement

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 338/2001
Type	order_in_council
Volume / chapter	arc oic 0338 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a18e498d4d354edd225127e27302d11be54132ea

Source file is stored in the law ingest library (pdf).