Farm and Ranch Water Infrastructure Program Regulations, 2023, F-8.001 Reg 52

1 2023 FARM AND RANCH WATER INFRASTRUCTURE PROGRAM F-8.001 REG 52 The 2023 Farm and Ranch Water Infrastructure Program Regulations being Chapter F-8.001 Reg 52 (effective February 8, 2023; expires on March 31, 2029). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 2023 FARM AND RANCH F-8.001 REG 52 WATER INFRASTRUCTURE PROGRAM Table of Contents 1 Title 8 Eligible expenditures 2 Definitions 9 Claim for program payments 3 Program established 10 Program payments 4 Account established 11 Overpayments 5 Minister to administer account and program 12 Termination of approvals 6 Program eligibility 13 Coming into force 7 Eligible projects 3 2023 FARM AND RANCH WATER INFRASTRUCTURE PROGRAM F-8.001 REG 52 CHAPTER F‑8.001 REG 52 The Farm Financial Stability Act Title 1 These regulations may be cited as The 2023 Farm and Ranch Water Infrastructure Program Regulations. Definitions 2 In these regulations: “account” means the 2023 Farm and Ranch Water Infrastructure Program Account established pursuant to section 4; “Act” means The Farm Financial Stability Act; “approved project” means an eligible project that has been approved by the minister; “eligible applicant” means an applicant who meets the requirements set out in section 6; “eligible expenditures” means expenditures for items and activities that are determined to be eligible pursuant to section 8; “eligible project” means a project that meets the requirements set out in section 7; “fund” means the Saskatchewan Agricultural Stabilization Fund continued pursuant to section 23 of the Act; “Indian band” means a band as defined in the Indian Act (Canada), and includes the council of a band; “irrigation” means irrigation within the meaning of The Irrigation Act, 2019 for primary agricultural purposes; “ministry” means the ministry over which the minister presides; “person” includes a partnership, association, Indian band or other organization; “policy” means program eligibility, administration and payment criteria as set out in the 2023 Farm and Ranch Water Infrastructure Program Policy established by the minister, dated April 1, 2023, as amended from time to time; “program” means the 2023 Farm and Ranch Water Infrastructure Program established pursuant to section 3; “program payment” means a payment made to an eligible applicant; “program year” means the period commencing on April 1 in one year and ending on March 31 of the following year; “secure and sustainable water supply” means the supply of a long-term source of water. 17 Feb 2023 c F-8.001 Reg 52 s2. 4 2023 FARM AND RANCH F-8.001 REG 52 WATER INFRASTRUCTURE PROGRAM Program established 3(1) The 2023 Farm and Ranch Water Infrastructure Program is established. (2) The purpose of the program is to provide payments to eligible applicants to support the adoption of practices and projects that: (a) develop a secure and sustainable water supply in Saskatchewan; (b) increase irrigation capacity in Saskatchewan; (c) improve energy and water efficiency for existing irrigation infrastructure; or (d) the minister considers to be in the interest of the agricultural and environmental priorities of the Government of Saskatchewan. 17 Feb 2023 c F-8.001 Reg 52 s3. Account established 4(1) Pursuant to clause 24(2)(a) of the Act, the 2023 Farm and Ranch Water Infrastructure Program Account is established in the fund. (2) The Minister of Finance is authorized to deposit into the account: (a) all contributions from the Government of Canada that are directed to the account for the purposes of the program pursuant to an agreement made pursuant to subsection 22(2) of the Act; and (b) from moneys appropriated by the Legislature, all contributions of the Government of Saskatchewan to the program pursuant to an agreement made pursuant to subsection 22(2) of the Act. (3) The account consists of: (a) all contributions mentioned in clause (2)(a); (b) all moneys appropriated by the Legislature: (i) for the purposes of the program; or (ii) for any other farm income stabilization purpose, if the Minister of Finance directs that those moneys are to be paid into the account; (c) all earnings on investments of moneys in the account; and (d) all other moneys received in the account for the purposes of the program. (4) All program payments are to be paid from the account. (5) Any surplus remaining in the account when the program is completed is to be returned to the Government of Canada and the Government of Saskatchewan in proportion to each government’s contribution to the account. (6) The fiscal year of the account is the program year. 17 Feb 2023 c F-8.001 Reg 52 s4. 5 2023 FARM AND RANCH WATER INFRASTRUCTURE PROGRAM F-8.001 REG 52 Minister to administer account and program 5(1) The minister shall administer the account and the program in accordance with these regulations. (2) For the purposes of administering the account and the program, the minister may: (a) exercise the powers given to the minister pursuant to the Act; and (b) do any other thing that the minister considers necessary to administer the account or the program. (3) Without limiting the generality of subsection (2), for the purpose of administering the account or the program, the minister may: (a) enter into any agreement that the minister considers advisable with any person, agency, organization, association, institution or body; (b) undertake research, conduct studies and provide information to agricultural producers, eligible applicants or persons who, in the minister’s opinion, may become eligible applicants in relation to eligible projects or the program; (c) use any moneys received in the account: (i) to pay for the administration of the account and the program; and (ii) to make program payments; (d) invest any moneys in the account that are not presently required for the purposes of the program in any securities or class of securities authorized pursuant to The Financial Administration Act, 1993 for the investment of moneys in the general revenue fund; and (e) dispose of any investment made pursuant to clause (d), subject to the terms of the investment, in any manner, on any terms and in any amount that the minister considers expedient. 17 Feb 2023 c F-8.001 Reg 52 s5. Program eligibility 6(1) Any of the following may apply to the program with respect to an eligible project: (a) an individual who is a Saskatchewan resident and at least 18 years of age; (b) a body corporate, co-operative, partnership or other entity if it is authorized to carry on business in Saskatchewan and is subject to Saskatchewan income tax; (c) an Indian band that has reserve land in Saskatchewan; (d) a rural municipality; (e) an irrigation district within the meaning of The Irrigation Act, 2019; (f) a Crown land pasture grazing association. 6 2023 FARM AND RANCH F-8.001 REG 52 WATER INFRASTRUCTURE PROGRAM (2) An applicant must meet any other eligibility criteria set out in the policy, including: (a) in the case of an applicant mentioned in clause (1)(a) or (b): (i) the gross income requirement; and (ii) participation in regulatory programs that the minister considers to be in the interest of the agricultural and environmental priorities of the Government of Saskatchewan; or (b) in the case of an applicant mentioned in subclause clause (1)(c), (d), (e) or (f), the criterion mentioned in subclause (a)(ii). (3) If the minister receives an application pursuant to this section and is satisfied that the application is complete, that the eligible applicant meets the criteria set out in these regulations and that it is appropriate to do so, the minister may approve the application. 17 Feb 2023 c F-8.001 Reg 52 s6. Eligible projects 7(1) For the purposes of these regulations, an eligible project is a project that meets the following requirements: (a) the project is located in Saskatchewan; (b) the project is undertaken by an eligible applicant; (c) the project involves the development or improvement of a secure and sustainable water supply that, in the opinion of the minister, is substantially for environmental or agricultural purposes; (d) the project: (i) meets requirements contained in the agricultural funding framework as agreed to between the Government of Saskatchewan and the Government of Canada; or (ii) in the case of projects that are not funded by the Government of Canada, meets the requirements of the policy, or the part of the policy, for that type of project; (e) the project meets the criteria set out in the policy; (f) in the case of a project pre-approved pursuant to The 2018 Farm and Ranch Water Infrastructure Regulations, the minister approves that project for transfer into the program. (2) No eligible applicant shall supply any false or misleading information to the minister on any application form or in response to any request for information from the minister. (3) An eligible applicant shall provide the minister with any changes to the information on the applicant’s application form as soon as is practicable after that information has changed. 17 Feb 2023 c F-8.001 Reg 52 s7. 7 2023 FARM AND RANCH WATER INFRASTRUCTURE PROGRAM F-8.001 REG 52 Eligible expenditures 8(1) In this section, “fair market value” means the fair market value as determined by the minister based on the report of a qualified person or another person who is satisfactory to the minister. (2) Subject to these regulations, the minister may approve the following expenditures if the minister is satisfied that those expenditures are incurred by an eligible applicant for use in an eligible project: (a) the cost of capital items; (b) construction costs; (c) licensing, permitting and consulting costs. (3) Subject to these regulations, in determining the eligible amount of an applicant’s expenditures for the purposes of an eligible project, the minister shall use the lesser of the applicant’s actual costs and the fair market value of the services rendered. (4) For the purpose of subsection (2), the applicant must provide evidence satisfactory to the minister that the eligible project, or a portion of the eligible project, was completed in the manner claimed by the applicant. (5) The minister may approve expenditures and costs not specifically referenced in these regulations if the minister is satisfied that those costs are necessary for the functionality or sustainability of the project. 17 Feb 2023 c F-8.001 Reg 52 s8. Claim for program payments 9(1) An eligible applicant must, for the purposes of making a claim for a program payment, submit a request, in a form and manner approved by the minister, to the minister by: (a) December 31, 2028; or (b) any other date determined by the minister. (2) A request made pursuant to subsection (1) is to include: (a) a summary of all eligible expenditures with respect to the claim; and (b) any other information that the minister reasonably requires for the purpose of evaluating the claim. (3) An eligible applicant shall provide the minister with any changes to the information that was submitted pursuant to subsection (2) as soon as is practicable after the eligible applicant becomes aware of those changes. (4) An eligible applicant shall allow the minister, or any person designated by the minister, to inspect: (a) projects that are the subject of an application; and (b) any records, regardless of their location, that the minister considers necessary or relevant to evaluate the claim or ensure compliance with these regulations and the policy. 17 Feb 2023 c F-8.001 Reg 52 s9. 8 2023 FARM AND RANCH F-8.001 REG 52 WATER INFRASTRUCTURE PROGRAM Program payments 10(1) If the minister is satisfied that an eligible applicant has completed an eligible project, or a portion of the eligible project, and has provided the minister with any information that the minister may reasonably require, the minister may make a program payment to the eligible applicant in accordance with this section respecting the eligible project that is the subject of the application. (2) The minister may impose any terms and conditions that the minister considers appropriate on a program payment, including with respect to: (a) eligible project costs; (b) program funding caps; (c) minimum claim amounts; (d) items that are not eligible for funding as part of an eligible project; and (e) the date of commencement for eligible expenditures. (3) An eligible applicant shall comply with any terms and conditions imposed by the minister on a program payment. (4) If an eligible applicant fails to comply with these regulations and the policy, the minister may deny the claim for a program payment. (5) If the minister denies a claim for a program payment, the minister shall notify the applicant. (6) An applicant mentioned in subsection (5) may request, in a form and manner approved by the minister, that the minister reconsider the decision mentioned in that subsection. 17 Feb 2023 c F-8.001 Reg 52 s10. Overpayments 11(1) The minister may determine any program payment made to an eligible applicant to be an overpayment if the minister is satisfied that: (a) the applicant has knowingly made a false or misleading statement with respect to a material fact on any form or in any information or document provided to the minister pursuant to these regulations; (b) the applicant has knowingly omitted to make a statement or to provide any information or document if the omission results in a statement with respect to a material fact being misleading; or (c) the applicant has failed to comply with these regulations and the policy. (2) If the minister determines a program payment to be an overpayment, the amount of the overpayment is deemed to be a debt due and owing to the Government of Saskatchewan and may be recovered from the eligible applicant in any manner authorized pursuant to The Financial Administration Act, 1993 or in any other manner authorized by law. 17 Feb 2023 c F-8.001 Reg 52 s11. 9 2023 FARM AND RANCH WATER INFRASTRUCTURE PROGRAM F-8.001 REG 52 Termination of approvals 12(1) Notwithstanding any other provision of these regulations, if the minister determines that moneys in the account have been fully allocated to approved projects: (a) the minister may refuse to approve any application of an eligible applicant that is received by the minister after the date of that determination; and (b) an eligible applicant mentioned in clause (a) is not eligible to receive any program payment in that program year with respect to that application. (2) If the minister makes a determination pursuant to subsection (1), the minister may cause the effective date of the determination: (a) to be posted on the ministry’s website; and (b) to be made public in any other manner that the minister considers appropriate. (3) The effective date of the determination may be an earlier date than the date on which the minister makes public the effective date of the determination. 17 Feb 2023 c F-8.001 Reg 52 s12. Coming into force 13(1) These regulations come into force on the day on which they are filed with the Registrar of Regulations. (2) These regulations expire on March 31, 2029. 17 Feb 2023 c F-8.001 Reg 52 s13. 10 2023 FARM AND RANCH F-8.001 REG 52 WATER INFRASTRUCTURE PROGRAM REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023