Introduction

Good governance is essential for the effective functioning of local boards established under the Farm Products Marketing Act (FPMA) and marketing boards established under Milk Act (hereafter "board" will be used to refer to both). One of the key characteristics of a well-governed marketing board is that it has processes in place to ensure the integrity and credibility of its electoral processes.

This guide is intended to assist boards with designing and implementing open, fair, and transparent electoral processes. As set out below, some of the recommendations may not be applicable to all marketing boards. Where appropriate, boards have the option to use this document in whole or to select relevant sections that apply to their specific local needs and circumstances.

This guide is not a legal document and should be used in conjunction with relevant regulations that govern the electoral framework specific to that board.

Commission's expectations for elections

The Ontario Farm Products Marketing Commission (commission) is a Crown agency established under the Ministry of Agriculture, Food and Rural Affairs Act (MAFRAA).

The commission:

  • exercises regulatory and regulation-making authority under the FPMA and the Milk Act
  • supervises activities of boards to maintain lines of accountability and to ensure that they operate within their delegated authority
  • develops and implements policy related to regulated marketing within Ontario
  • provides advice, leadership and educational tools for Ontario's boards and other industry stakeholders in order to increase the effectiveness and efficiency of the province's regulated marketing system

As part of its mandate, the commission expects boards to adhere to key principles when designing and carrying out their electoral processes.

Transparency, fairness and electoral integrity are key to establishing trust and confidence in board elections, and ultimately, the work of the elected board. An open, fair and transparent election process is one in which:

  • boards have up-to-date by-laws, policies and procedures governing their electoral process
  • all eligible producers have equitable opportunities to vote and/or compete in elections
  • elections are free of any undue influence, intimidation, and corrupt practices
  • processes are in place to provide for independent and impartial oversight and/or audit
  • each step is open to scrutiny
  • voters have a means to verify that the results are an accurate reflection of the will of the electorate

Regulatory context

Each marketing board established under the FPMA and the Milk Act has a Plan regulation, which, among other things, specifies how board directors will be elected or appointed (most marketing boards are governed by elected directors). Except for a few boards, most Plan regulations are not prescriptive, but instead set out broad election parameters for how a board must conduct its elections, including candidate and voter eligibility, representation, term of office, and the time frame in which elections must be held.

Many boards also have by-laws, policies and procedures that govern the details of their elections, including nominations and voting methods. These by-laws, policies and procedures must be consistent with the applicable statute, regulations and any order or direction of the commission. For example, a by-law may not establish additional eligibility criteria for voters or candidates in an election.

Roles and responsibilities

It takes the work of many individuals to run successful board elections and it is important that these individuals know exactly what their roles and responsibilities are.

This section provides a brief description of the key players required in the planning, designing and implementation of successful board elections.

Returning officer

The returning officer is a central figure in ensuring successful elections and is responsible for administering the nomination and election process.

The returning officer plays an important role in making sure that the election is conducted in an open, fair and transparent manner.

Boards must ensure that the returning officer has the necessary tools to successfully carry out their duties, which include:

  • if necessary, appointing additional election officials to assist with various aspects of the election, such as tellers, election secretary etc.
  • developing and distributing communications
  • overseeing the nomination process
  • finalizing the voter list
  • confirming candidate and voter eligibility
  • preparing and sending voting packages to eligible voters
  • overseeing the voting and ballot counting processes
  • ensuring proper destruction of election records
  • carrying out other tasks that are necessary to conduct a board election

In carrying out their duties, the returning officer needs to be independent and impartial. Where a board's general manager or other staff usually act as the returning officer, every effort should be made to maintain the integrity and transparency of the electoral process.

Board of directors

As a governing body, the board of directors is primarily responsible for setting the electoral framework, which includes:

  • ensuring that the board has up-to-date policies and procedures governing board elections
  • approving election budgets
  • appointing a returning officer
  • making sure that elections are held in compliance with board policies, procedures and other applicable regulations and legislation

Board staff

Board staff are often responsible for providing information or assistance to the returning officer. For example, the returning officer may need help to finalize voter lists. In some cases, staff may also be responsible for the custody of election materials and their destruction in accordance with board by-laws and policies governing record retention.

Teller's committee

The committee is responsible for ensuring that the results are an accurate reflection of the will of the electorate. The committee consists of tellers whose job is to collect and count votes. Typically, the committee is overseen by a head teller. In carrying out their duties, the head teller needs to be independent and impartial. Where a board's general manager or other staff acts as the head teller, every effort should be made to maintain the integrity and transparency of the vote tallying process.

The success of the teller's committee depends on several factors, including:

  • Collecting and counting ballots requires a well-thought-out plan. The goal is to make sure that:
    • only eligible voters or their designates vote
    • each voter votes only once, unless they are holding a proxy for another voter or a board's regulation allows to vote more than once
    • results are accurate
  • Each committee member must clearly understand their roles and responsibilities

Critically examine your board's election process

As a first step, a board should:

  • review its existing elections by-laws, policies and procedures
  • evaluate its recent elections
  • examine any issues/problems that are evident and think about ways to address them in the next election

When evaluating a board's electoral framework and practices, it is important to seek producers' perspective. An anonymous survey could be a potential tool to gather honest feedback. There are several survey platforms that offer their basic services for free, including:

Doing so would help the board identify areas that require improvement and would help develop a plan to address those gaps. The survey may also let the board know that its electoral framework meets the standards of open, fair and transparent elections.

Questions for reflection

  • Are our producers satisfied with and/or confident in the board's electoral process?
  • Is our electoral process inclusive? Does it provide equitable opportunities for all eligible producers (in this document, the term "member" means "a producer") to participate?
  • What is the voter turnout? If it is low, what is the reason?
  • What is the acclamation rate? If it is high, what is the reason?
  • Are there any barriers preventing the producers from actively engaging in the electoral process?
  • Are all steps of the electoral process open and available for scrutinization and verification by candidates, voters and other relevant stakeholders?

Developing a plan to close gaps

If a board identifies areas for improvement, it should subsequently develop a plan with clearly articulated goals, timelines, a budget and accountabilities.

An open, fair and transparent election can save time and money by mitigating instances of wasted time for staff, costly recounts, negative publicity and potential legal action.

To develop a workable plan, a board will need to set realistic and achievable objectives to enhance its electoral framework. In setting a board's objectives, board needs must be considered to accomplish these objectives.

In most cases, enhancing a board's election processes will only require changes to certain election practices, which will be described later in this document. In some cases, a board may need to update its by-laws and policies. For significant changes to board governance (for example, changes to eligibility rules, the introduction of term limits), an amendment to the board's Plan regulation may be necessary. A marketing board may request that the commission amend its Plan regulation. An amendment to a Plan regulation is subject to the approval of the Minister of Agriculture, Food and Rural Affairs.

Questions for reflection

  • Do we need to increase voter turnout?
  • Should we be attracting more diverse candidates to run for office?
  • Is there a lack of certain skill sets, expertise or perspectives at the board table?
  • Do we need to enhance the transparency of the electoral process?
  • Is there a need to improve processes that safeguard the confidentiality and security of elections?
  • Are the interests of all producers equitably represented at the board table?

Choosing a voting method(s)

It is important for a board to look for ways to enhance the openness, fairness, transparency, and accountability of its electoral process.

First, a board will need to pick the voting method that works best for its producers. In some cases, a board may need to offer a combination of voting methods.

There are three popular methods that are typically used:

In-person voting

Voting takes place at a physical location, typically at a district meeting or an annual general meeting. Eligible (best practice is to confirm voter eligibility before voters go into a meeting) voters use paper or electronic ballots, clickers or other technology (for example, applications that allow to record one's vote by phone). Necessary arrangements must be in place to allow producers to freely exercise their right to vote, such as a designated area for voting with a secret ballot box.

Voting by mail

Eligible voters receive voting packages by mail. The package includes paper ballots, voting instructions, a ballot envelope, a pre-paid return envelope, and other relevant information such as candidate profiles. Voters complete the ballot and mail it back to the board.

Boards set a date by which eligible voters should receive voting packages and make sure that they know who to contact should they not receive their package.

See Appendix A for more details on voting packages.

Online voting

Each eligible voter receives an email with a unique, secure, and single-use web link for voting purposes. Usually, the email also contains voting instructions.

If a board decides to use online voting for the first time, it should allocate additional time and resources to educate its membership on how to vote online.

Online elections are becoming popular because they:

  • contribute to increased voter turnout
  • are accessible, efficient, and cost effective
  • produce faster and more accurate results, such as no ballot errors
  • can be customized to organizational needs
  • can offer auditable trail and reports
  • offer flexible voting time for voters

There are several electronic voting platforms that are currently available for organizations. Many platforms provide boards with the option to self-administer elections or to allow an independent third party to conduct elections on the board's behalf. Electronic platforms also provide election officials with tools, training and services to monitor election activity, in addition to providing support and supervision throughout the voting period.

The purpose of elections is to provide producers with an opportunity to exercise their right to vote. Therefore, boards need to make every possible effort to ensure that all eligible voters have an equitable chance to participate in the electoral process.

Regardless of the voting method(s), voting should be held by secret ballot, so that voters can feel free to vote without fear of intimidation or coercion.

Producers may have diverse needs. What works for one group may not necessarily work for another.

Some producers from remote areas may not have access to the internet. While others may prefer voting from the comfort of their home as opposed to driving to a physical location to cast their ballot.

It is important to seek producer feedback to determine the best method or combination of methods for voting.

Questions for reflection

  • What are the current and expected demographic trends in our membership?
  • What is our board's record in ensuring that elections are accessible and inclusive?
  • Does the voting method meet the needs and desires of our producers?
  • Have we sought feedback from all of our producers? How responsive have we been to their feedback in choosing a voting method(s)?

Maintaining an up-to-date membership list

A membership list is a list of individuals and non-individuals (for example, joint ventures, partnerships, corporations, etc.) who are eligible to vote in an election or run for office or be appointed to the board (non-individual producers may designate someone to participate in the election process on their behalf, subject to the requirements contained in a board's Plan regulation). Generally, the list should, at minimum, include:

  • producer names
  • producer addresses
  • if applicable, the district where the producer can vote or run for office

It is possible that not all producers who are eligible to vote can also run for office. In this case, boards will need to prepare two separate lists:

  1. a list of eligible voters
  2. a list of producers who are eligible to run for office

A board must check its Plan regulation for candidate eligibility rules to see if two separate lists are necessary.

It is very important that boards have a current and accurate producer list. The quality of the information contained in this document will have a significant impact on the outcome of your board's election. If the list is incomplete or inaccurate, some producers will not receive election-related information, such as election and nomination notices and ballots.

Finalizing producer list swell ahead of the nomination process will help avoid issues and stress. It is important to:

  • verify that the list captures all eligible producers
  • update contact information
  • collect any missing information

For non-individual voters, boards should have a name(s) and contact information for the individual(s) who will receive the election-related information.

Questions for reflection

  • When was our producer list last updated?
  • Does the producer list contain the required information?
  • Who has access to our producer list?
  • How do we usually collect information about our producers? Is this process effective?

Designing an open and fair nomination process

A board's nomination process, to a large extent, will depend on the voting method(s) that have been selected for the election. No matter which nomination method or methods are chosen, boards should make sure that the process is open, fair and equitable to everyone who wishes to participate in it.

It is the board's responsibility to create an environment where producers feel comfortable to openly and actively participate in the nomination process without any fear of retribution or intimidation.

Securing nominations can be one of the most challenging tasks. There may be a lack of interest among producers, or some producers may simply not be aware of the nomination process or may not know what the job entails. A board should make it a priority to encourage its producers to run for office. This should be an ongoing process.

Below are several popular methods for seeking nominations, which can be used separately or in combination depending on a board's needs and circumstances.

Nominations from the floor

Also known as open nominations, nominations from the floor allow producers who are present at a meeting to put forward a nomination from the floor. This method is often used in elections that are held at district or annual general meetings. Most boards are familiar with this method.

The process for floor nominations is subject to certain rules, such as:

  • a producer should not nominate more than one person for office until everyone has had the opportunity to make nominations
  • nominations do not have to be seconded
  • a producer can nominate themselves
  • a producer can decline their nomination during the nomination process (typically, after close of nominations, the election chair asks the nominees if they are willing to let their name stand; however, producers may request that their name be removed from nomination at any time during the nomination process)
  • nominees do not have to leave the room during the nominations, when the vote is taken, or when the vote is counted
  • a nominee must either be present at the meeting or submit a signed document expressing their willingness to accept a nomination

Floor nominations may be intimidating for producers who are considering becoming a candidate or nominating another producer, particularly if there are incumbents.

Nominations by ballot

This method gives all eligible producers present at a meeting an opportunity to make nominations by completing a nominating ballot. The teller's committee then counts the ballots and presents a report to the election chair. The report becomes a list of nominees, provided that the nominees agree to let their names stand.

Boards should give clear instructions to their producers on the nomination process, including:

  • how to properly fill out a ballot
  • who to contact for assistance
  • how ballots will be tallied
  • what makes a ballot invalid
  • how results will be announced

The teller's committee should consist of individuals who are perceived by producers as impartial. To enhance the transparency of the vote tallying process, scrutineers should be allowed to be present during vote tallying.

Nominations by a nominating committee

A board may use a nominating committee to assemble a list of qualified candidates who are willing to run for office. The committee, if properly used, can play a valuable role in identifying producers who can bring competencies and skills that are missing from the board.

The nominating committee typically works throughout the year to identify strong and qualified candidates. The committee reports back at the annual general meeting with a list of candidates who are willing to run for election.

Sometimes, the nominating committee's report may create a perception that "everything is cut and dry," and discourage other producers, present at the annual general meeting, to run for office. The nominating committee's work, therefore, should not be presented to producers as the final list of nominees.

Nominations by mail

This method allows each eligible producer to submit a nomination prior to an election.

A board or election officer, if appointed, should issue a nomination notice to all producers in advance of the first day of the nomination period. In a call for nominations, a board should provide clear instructions on the nomination process, including:

  • a list of the positions up for election (in each district or at large)
  • details for who is eligible for nomination and who is eligible to nominate
  • an explanation for how to designate a district where the producer can stand for election if the producer has more than one place of production in more than one district
  • information on how nominations can be submitted or withdrawn
  • if applicable, information about how nomination forms may be obtained
  • the time and date for the close of nominations
  • information about who to contact for assistance

Clearly communicating all applicable timelines is essential. Nominations should not fall on a weekend to allow those reviewing the nominations time to contact the applicants and address any mistakes and/or questions prior to the deadline.

Questions for reflection

  • Are there any barriers to encouraging more people to run for office? If so, what are they and how can we mitigate them?
  • How can we make the role of a board director attractive to our producers?
  • Are our producers aware of the roles, responsibilities, duties, time commitment and rewards of being a board director?
  • Are there any competencies and skills that are missing from our board?
  • If applicable, what is our nominating committee's record in recruiting qualified candidates through an open, fair and transparent process?
  • Does our nomination process allow nominees to share their expertise and skills with those voting?

Establishing transparent and auditable vote tallying processes

Election results must accurately reflect the will of the voters. Boards should have the necessary safeguards and processes in place to ensure this. Failing to do so will undermine the integrity and credibility of the electoral process, resulting in decreased confidence in a board's governance, negative publicity, voter apathy, and costly recounts.

To maintain the credibility of the vote tallying process, there are three fundamental principles that boards should comply with:

  • accuracy
  • transparency
  • secrecy of the vote

It's important to establish rules governing the vote tallying process, including:

  • the composition of the teller's committee
  • the appointment and role of scrutineers
  • grounds for rejecting a ballot
  • the process for breaking tie votes
  • the process for recounting ballots
  • the content of the election report and the process for announcing results
  • the process for retaining/destroying election records

Best practice is to seek producers' perspective on these rules before finalizing them. These rules must be clearly communicated to producers well in advance of the vote tallying stage (for example as part of the call for nominations prior to the meeting date, or, in case of mail-in voting, as part of voting packages).

Below are some recommendations for vote counting. Depending on the voting method chosen and whether the elections are conducted by staff or a third-party company, the steps taken will vary.

In-person voting

Paper ballots

  • When voting deadline closes, the teller's committee takes the ballot box to an area designated for the counting of votes and opens the ballot box.
  • Scrutineers or other designated observers should be allowed to observe the vote tallying process. This ensures transparency.
  • Once tallying begins, no one should be allowed to enter or leave the area where votes are tallied until the counting is completed.
  • Each ballot is examined for acceptability.
  • Rejected ballots are separated from the accepted ballots.
  • The teller's committee counts and records the accepted and rejected ballots and produces an election report.
  • After the count, absent a rule or motion to the contrary (if a board does not have a record retention policy governing the destruction of election related materials, on election day, producers may consider passing a motion to destroy the ballots after a certain period of time (for example, at the end of a recount), the marked ballots, the rejected ballots, and the unused ballots should be sealed along with any other election documents in a large envelope and handed over to the election secretary. The sealed envelopes should only be opened in the case of a recount.

Voting technology (for example, clickers, web-based voting)

  • Board must use a secure and reliable voting technology that can ensure the accuracy and secrecy of the vote.
  • The system should be tested prior to the vote to make sure it works.
  • The process should be auditable if requested by a producer for accommodation purposes.
  • As a contingency plan, a paper ballots should be ready in case of technological issues.

Voting by mail

  • The teller's committee, in the presence of scrutineers (if appointed), opens the mailbox that contains envelopes mailed by voters. These envelopes will contain a smaller ballot envelope (or inner envelope) with the actual vote in it.
  • Voter information on the outer envelope is verified to make sure that:
    • the ballot was submitted by an eligible voter or their designate, i.e., a person on the list of eligible voters
    • if applicable, the voter is voting in the correct district
  • The voter's name is crossed off the voters' list to record that they have mailed their ballot. This ensures that each eligible voter gets only one ballot.
  • The inner envelope, which contains a ballot, is removed from the outer envelope, which identifies the voter, and is placed in the ballot box without being opened. This ensures the secrecy of the vote.
  • Once all ballots have been placed in the ballot box, each ballot envelope is opened, and each ballot is examined for acceptability.
  • The rejected ballots are separated from the accepted ballots.
  • The teller's committee counts and records the accepted and rejected ballots and produces an election report.
  • After the count, absent a rule or motion to the contrary, the marked ballots, the rejected ballots, and the unused ballots should be sealed along with any other election documents in a large envelope and handed over to the election secretary. The sealed envelopes should only be opened in the case of a recount.

Online voting

  • Boards should use a secure and reliable online voting system that can ensure the accuracy and secrecy of the vote.
  • A third party can be used to independently manage the electoral process.
  • The system should be tested prior to the vote to make sure it works.
  • The process should be auditable if requested.

Election results

Transparency is key when sharing election results. The following should be included in an election report/announcement:

  • the total number of eligible voters
  • the total numbers of cast votes
  • the number of votes received for each candidate
  • the number of rejected ballots

Recounts

It is essential that both candidates and those voting be able to fully participate in and scrutinize each step of the election process, including the opportunity to verify the accuracy of voting results if necessary.

Everyone should clearly understand when recounts can be requested, the process for how such requests can be made, including who they should be sent to and by what date, and the grounds upon which a candidate or a voter may apply for a recount (for example, a close result, a possible miscount, ineligible votes or a large number of rejected ballots). Scrutineers or other designated observers should be allowed to be present during the recount.

Rejected ballots

Ground should be established for rejecting ballots prior to the voting day/period. Reasons for rejecting a ballot could include:

  • the ballot contains votes for more persons than available vacancies
  • the ballot contains information which identifies the voter
  • the ballot was not distributed by the board/election administrator
  • the ballot was submitted by a person who is ineligible to vote

Questions for reflection

  • What policies and procedures do we currently have in place with respect to vote tallying?
  • What improvements are necessary to:
    • Enhance the transparency of the vote-tallying process?
    • How do we ensure that election results accurately reflect the will of the voters?
    • How do we ensure that we are protecting the secrecy of the vote?
  • How can we increase our membership's confidence in the outcome of our elections?

Developing an effective communication and promotion strategy

An election is an important event that shapes the leadership of a board, which makes decisions that impact the entire industry on behalf of its producers. While it is in the interest of producers to participate in the electoral process, it is a board's responsibility to increase civic engagement. A well-thought-out and comprehensive communication and promotion strategy is therefore essential in any successful election.

Keeping members informed and engaged

It is important to make sure that all producers are aware of upcoming elections and how to participate in them.

Thinking about producer demographics and communication channels (for example, newsletters, events, email, social media, web announcements, etc.) is essential to determining the most effective way to connect with producers.

In addition to keeping producers informed, it is important to promote the importance of elections and why participation is essential for the success of an industry.

Clear language should be used in communications and other election materials. A well-thought-out schedule will also help get producers' attention, keeping them interested and engaged.

Helping producers make informed choices

The easier it is for voters to find the information they need to make an informed decision, the greater the chances of them being more engaged. This is an important component of voter education, which needs to be incorporated into the communication and promotion strategy.

Candidate profiles are a good resource for voters to learn about individuals running for office. These profiles allow a candidate to tell voters who they are, why they are the right person for the job and what they hope to accomplish on the board. They can include a short biography, a list of key priorities, qualifications, and interesting and important facts about them. To preserve the integrity of the electoral process, all candidates must be given equal opportunities to submit their profiles.

Boards may also wish to create a dedicated page on their website or hold a "question and answer" session on their social media account where producers can submit questions for candidates. Candidates should also be encouraged to campaign. Such initiatives have a potential to generate interest and increase engagement by giving producers an opportunity to learn where candidates stand on the issues that matter to the electorate.

Questions for reflection

  • What communications channels and tools do we have to reach our producers? Are they effective?
  • How do we make sure that our producers have equitable access to election materials in both digital and non-digital formats?
  • Are there any producers whose needs and circumstances are not reflected in our communication and promotion strategy?
  • What strategies can we use to keep our producers interested and engaged in the electoral process?
  • How can we help our producers become informed voters?

Providing adequate support for members

Elections are held to give producers an opportunity to choose the organization's leadership. An election therefore needs voters, and the success of the election will largely depend on the supports that are available to voters.

Boards should make it a priority to provide adequate support to their producers during the voting day/period by:

  • providing clear voting instructions
  • developing and distributing a set of questions and answers in digital and non-digital formats
  • providing voters who may need help with voting assistance
  • providing contact information for assistance

Lack of adequate support will negate all of a board's hard work prior to the voting day/period. Frustrated and unhappy producers may criticize an election and cause negative publicity and reputational damage to an organization.

Questions for reflection

  • What supports do we usually provide to our producers during elections? Are they sufficient? If not, what improvements are necessary?
  • How can we enhance the voting experience of our producers?
  • Have we sought feedback from our producers on what supports they need?

Evaluating the electoral framework regularly

One important way of exhibiting good governance principles is to ensure continuous monitoring of a board's performance and adjustments to its governance processes and practices as necessary.

If the elections process does not display principles of good governance, it may result in an electoral system that is out of touch with electors' expectations and could discourage participation. After each election, a board should take the time to evaluate the electoral process, including what worked well and what didn't.

Questions for reflection

  • How satisfied were producers with the last election?
  • What went well? What could be improved?
  • Did we receive any suggestions and/or complaints from producers?

Appendix A: voting packages

Mailed out voting packages should include:

  • An envelope clearly stating the purpose of the package and the voting deadline.
  • A voter authorization form that:
    1. includes the producer's name, producer (licence) number, district number (if applicable), business address, phone number, and email address
    2. indicates whether the producer is an individual or a non-individual designate (such as the voter for a particular operation such as a partnership, corporation, etc.)
    3. includes a space for the voter's signature
    4. includes a sequentially numbered ballot separated by a dotted line, which may be initialed by the election administrator
  • A ballot envelope
  • A postage-paid pre-addressed return envelope
  • Candidate profiles, if applicable
  • Information about voter eligibility
  • The required post-marked on or before date for mailing the return envelope back to the election administrator
  • Voting instructions that state the following:
    1. complete the attached voter authorization form completely and accurately
    2. sign the voter authorization form
    3. mark the appropriate box on the ballot to indicate which candidate or candidates you wish to vote for
    4. detach the ballot by tearing along the dotted line
    5. place the detached ballot in the "Ballot Envelope" and seal the envelope
    6. put the sealed ballot envelope and the completed, signed voter authorization form in the postage-paid envelope addressed to the address specified by the elections officer
  • Instructions on how and when the returning envelope must be submitted
  • Reasons for rejecting a ballot