Ontario Farm Products Marketing Commission:  Memorandum of Understanding

The parties to this memorandum of understanding agree to the following:

Purpose

1. The purpose of this memorandum of understanding (MOU) is to:
   • Establish the accountability relationships between the Minister of Agriculture, Food and Rural Affairs and the Chair of the Ontario Farm Products Marketing Commission on behalf of the Agency.
   • Clarify the roles and responsibilities of the Minister, the Chair, the Members, the Deputy Minister, and the Secretary/Director.
   • Clarify the operational, administrative, financial, staffing, auditing and reporting arrangements between the Ontario Farm Products Marketing Commission and the Ministry of Agriculture, Food and Rural Affairs that support the accountability requirements within a framework which recognizes that the Board makes independent regulatory decisions.
2. This MOU should be read together with the Ministry of Agriculture, Food and Rural Affairs Act. This MOU does not affect, modify, or limit the powers of the Agency as set out under the Ministry of Agriculture, Food and Rural Affairs Act., or interfere with the responsibilities of any of its parties as established by law. In case of a conflict between this MOU and any act or regulation, the act or regulation prevails.
3. The MOU replaces the memorandum of understanding between the parties dated March 2011.

Definitions

In this MOU:

1. “AAD” means the Treasury Board/Management Board of Cabinet Agencies & Appointments Directive.
2. “Act” means the Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990, c. M.16 that governs the Agency.
3. “Agency” means the Ontario Farm Products Marketing Commission, including the appointed Commission Members and the Secretariat staff and management.
4. “Annual Business Plan” means the annual business plan described under article 10.1 of this MOU.
5. “Annual Report” means the annual report referred to in article 10.2 of this MOU.
6.   “Applicable Government Directives” means the government directives, policies, standards, and guidelines that apply to the Agency, as may be amended or replaced from time to time.
7. “Appointed Commission” specifically means the collective of appointed Members of the Ontario Farm Products Marketing Commission (including the Chair and Vice Chair), as well as the role of the Secretary.
8. “Appointee” means a Member appointed to the Commission by the Lieutenant Governor in Council.
9. “Assistant Deputy Minister” means the Assistant Deputy Minister, Policy Division of the Ministry of Agriculture, Food and Rural Affairs, and those things delegated from the Deputy Minister.
10.  “Chair” means the appointed Chair of the Ontario Farm Products Marketing Commission.
11. “Constituting Instrument” means the Ministry of Agriculture, Food and Rural Affairs Act (MAFRAA) that established the Agency.
12. “Deputy Minister” means the Deputy Minister of the Ministry of Agriculture, Food and Rural Affairs.
13. “Director” means Director of the Ontario Farm Products Marketing Commission Secretariat reporting to the Assistant Deputy Minister, Policy Division through to the Deputy Minister of the Ministry of Agriculture, Food and Rural Affairs as a member of the Ontario Public Service.
14. “Executive Council Act” means the Executive Council Act, R.S.O. 1990, c. E. 25, as amended.
15. “FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended.
16. “Fiscal Year” means the period from April 1 to March 31 of the following year.
17. “Government” means the Government of Ontario.
18. “MBC” means the Management Board of Cabinet.
19. “Member(s)” means an appointed Member of the Ontario Farm Products Marketing Commission.
20. “Minister” means the Minister of Agriculture, Food and Rural Affairs or such other person who may be designated from time to time as the responsible Minister in relation to this MOU in accordance with the Executive Council Act; R.S.O. 1990, c. E. 25, as amended.
21. “Minister of Finance” means the Minister of Finance or such other person who may be designated from time to time under the Executive Council Act.
22. “Ministry” means the Ministry of Agriculture, Food and Rural Affairs or any successor to the Ministry.
23. “MOU” means this memorandum of understanding signed by the Minister and the Chair of the Agency.
24. "Ontario Farm Products Marketing Commission” is the official name of the Agency.
25. “Other acts” mean; the Farm Products Marketing Act, R.S.O. 1990, c. F. 9, the Milk Act, R.S.O. 1990, c. M. 12 and the Commodity Boards and Marketing Agencies Act, R.S.O. 1990 c. C. 19.
26. “President of the Treasury Board” means the President of the Treasury Board or such person who may be designated from time to time under the Executive Council Act.
27. “PSC” means the Public Service Commission.
28. “PSOA” means the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A, as amended.
29. “Secretariat” means the Ontario Farm Products Marketing Commission Secretariat within the Policy Division of the Ministry of Agriculture, Food and Rural Affairs, including staff and Director from within the Ontario Public Service that have been assigned to provide administrative support to the Commission.
30. “Secretary” means the Secretary of the Farm Products Marketing Commission, as set out in the Constituting Instrument and Other acts.
31. “Secretary/Director” means the combined roles of the Director and the Secretary, as defined herein.
32. “TBS” means the Treasury Board Secretariat.
33. “TB/MBC” means the Treasury Board/Management Board of Cabinet.
34. “Vice-Chair(s)” means one or more appointed Vice-Chair(s) of the Ontario Farm Products Marketing Commission.

Agency’s Legal Authority and Mandate

1. The legal authority of the Ontario Farm Products Marketing Commission is set out in the
2. Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990, c. M.16.
3. The Ontario Farm Products Marketing Commission also exercises powers and authority under the Farm Products Marketing Act, R.S.O. 1990, c. F. 9; the Milk Act, R.S.O. 1990, c.M. 12 and O. Reg. 68/98 under the Commodity Boards and Marketing Agencies Act.

Note:

• The Agency does not have a specified mandate prescribed in the Act or other acts, and as a non-board governed regulatory agency a mandate letter is not required.

The Chair’s Understanding of the Agency’s Mandate

The Ontario Farm Products Marketing Commission works to help drive the province’s regulated marketing system forward. This is done to enable prosperous, thriving, and dynamic agri-food industries within Ontario’s economy, and to promote investment confidence.

This is done by:

1. Administering the provisions of the Farm Products Marketing Act (FPMA) and the Milk Act and certain regulations governing regulated marketing; making regulations under these Acts governing regulated marketing; and, overseeing the activities of Ontario’s marketing boards and Section 12 (of the FPMA) representative associations to ensure that:
   1. marketing boards operate within the powers and authorities given to them;
   2. the lines of accountability are maintained.
2. Fostering enhanced stakeholder collaboration to achieve whole sector solutions through Industry Advisory Committees, and by advocating for Ontario’s interests locally, nationally, and globally.
3. Providing leadership and education in the form of advice, facilitation, and direction to Ontario’s marketing boards and Section 12 representative associations in order to increase the effectiveness and efficiency of the regulated marketing system.
4. Directing the development and implementation of policy or regulations related to regulated marketing in Ontario in consultation with the Minister and Ministry.

Agency Type and Public Body Status

1. The Agency is designated as a non-board governed, regulatory agency under the Agencies and Appointments Directive.
2. The Agency is prescribed as a public body and a Commission public body in accordance with Ontario Regulation 146/10 under the Public Service of Ontario Act, 2006. It is not organizationally part of the ministry, but it is considered to be within government.

Corporate Status and Crown Agency Status

1. The Agency is a Crown agency within the meaning of the Crown Agency Act, R.S.O. 1990, c C.48.
2. The Corporations Act, R.S.O. 1990, c. C.38 and the Corporations Information Act, R.S.O. 1990, c. C.39 do not apply to the Agency.
3. The Agency does not have the capacity, rights, power, and privileges of a natural person for carrying out its objects, subject to the limitations placed upon it under the MAFRAA and/or limitations imposed by Treasury Board/Management Board of Cabinet.

Guiding Principles

The parties agree to the follow principles:

1. The Minister recognizes that the Agency exercises powers and performs duties in accordance with its legal authority under the MAFRAA. The Minister recognizes the role of the Agency in the rendering of its regulatory decisions and further recognizes the need for the Agency’s regulatory decisions to be made, and be seen by the public to be made, independently and impartially.
2. The Minister recognizes that the Agency plays a meaningful role in the development of the policies of the Government of Ontario, as well as in the implementation of those policies through regulation.
3. The Chair acknowledges that it is accountable, through the Minister, to the Legislative Assembly in exercising its legal authority. Accountability is a fundamental principle to be observed in the management, administration, and operations of the Agency.
4. As an agency of the Government of Ontario, the Ontario Farm Products Marketing Commission conducts itself according to the management principles of the Government of Ontario. These principles include ethical behaviour; prudent, effective and lawful use of public resources; fairness; high quality service to the public; and openness and transparency to the extent allowed under the law.
5. The Minister and Chair are committed to empowering the Agency to fulfill its legal authority efficiently and effectively. They share the goal of establishing and maintaining a co-operative relationship that facilitates the efficient administration of the Agency and fulfillment of its statutory responsibilities.
6. The Agency and the ministry agree to avoid duplication of services wherever possible.
7. The Agency and the ministry will work together in a mutually respectful and collaborative manner.

Accountability Relationships

Minister

The Minister is accountable:

1. To Cabinet and the Legislative Assembly for the Agency’s fulfilment of its legal authority and its compliance with government policies, and for reporting to the Legislative Assembly on the Agency’s affairs.
2. For reporting and responding to Treasury Board/Management Board of Cabinet (TB/MBC) on the Agency’s performance and compliance with government’s applicable directives and operational policies.
3. To the Cabinet for the performance of the Agency and its compliance with the government’s operational policies and broad policy directions.

Chair

The Chair is accountable:

1. To the Minister for the oversight and governance of the Agency.
2. To the Minister for the Agency’s performance in fulfilling its legal authority, and for carrying out the roles and responsibilities assigned to the Chair by the MAFRAA and other acts, this MOU, and applicable TB/MBC, the Public Service Commission (PSC) and government directives.
3. For reporting to the Minister on the Agency’s activities, as requested.
4. For ensuring timely communications with the Minister and Deputy Minister regarding any issue that affects, or can reasonably be expected to affect, the Minister’s responsibilities for the Agency.

Members

The Members are accountable:

1. To the Minister, through the Chair, for setting the goals, objectives, and strategic direction for the Agency within its legal authority.
2. To the Minister, through the Chair, for carrying out the obligations of applicable TB/MBC, the Public Service Commission (PSC) and government directives.

Deputy Minister

The Deputy Minister is accountable:

1. To the Secretary of the Cabinet and the Minister for the performance of the ministry in providing administrative and organizational support to the Agency.
2. To the Secretary of the Cabinet and the Minister for carrying out the roles and responsibilities assigned by the Minister, the MAFRAA and other acts, this MOU, and applicable TB/MBC, PSC, and government directives.
3. To the Secretary of the Cabinet and the Minister for attesting to TB/MBC on the Agency’s compliance with applicable TB/MBC directives.

Secretary/Director

Notes:

• The Secretary and Director roles are currently combined and performed by a single person.
• The Secretary is an assigned member of the Agency by the Ontario Public Service, functioning similarly to the role of Executive Director outlined in the AAD, in support of the Chair.
• The Director and the Secretariat staff supporting the Director are ministry staff who are under Part III of the PSOA. Non-board governed agencies are provided with their administrative support by the ministry.

The Secretary is accountable:

1. To the Chair, for support in the Agency’s oversight, governance, and performance in fulfilling its legal authority.
2. To the Chair, for carrying out the roles and responsibilities assigned by the MAFRAA and other acts, this MOU, and applicable TB/MBC, the Public Service Commission (PSC) and government directives.
3. To work under the direction of the Chair to implement policies and decisions, and reports the Agency’s progress to the Members, through the Chair.

The Director is accountable:

1. To the Assistant Deputy Minister (Policy), with transparency to the Chair, for the management of the Secretariat’s overall operations.
2. To the Assistant Deputy Minister (Policy), and with transparency to the Chair, to implement the applicable regulatory policies and operational decision.
3. To the Assistant Deputy Minister (Policy), and with transparency to the Chair, for oversight of the Agency related to this MOU, and applicable TB/MBC, PSC, and other government directives.
4. To work under the direction of the Chair to implement policies and operational decisions and reports the Agency’s performance to the Assistant Deputy Minister (Policy) and Deputy Minister, with transparency to the Chair.
5. To manage the Secretariat staff, their work, and their performance through to the Assistant Deputy Minister (Policy) in accordance with all related OPS directives, and with transparency to the Chair.

Roles and Responsibilities

Minister

The Minister is responsible for:

1. Reporting and responding to the Legislative Assembly on the affairs of the Agency.
2. Reporting and responding to TB/MBC on the Agency’s performance and compliance with applicable TB/MBC directives, the government’s operational policies and policy directions.
3. Recommending to TB/MBC, where required, the merger, any change to the mandate, legal authority, or dissolution of the Agency.
4. Recommending to TB/MBC the powers to be given to, or revoked from, the Agency when a change to the Agency’s mandate or legal authority is being proposed.
5. Meeting with the Chair to discuss issues relating to the fulfilment of the Agency’s legal authority.
6. Making recommendations to Cabinet and the Lieutenant Governor in Council for appointments and reappointments to the Agency, pursuant to the process for agency appointments established by legislation and/or by MBC through the AAD.
7. Determining at any time the need for a review or audit of the Agency, directing the Chair to undertake reviews of the Agency on a periodic basis, and recommending to TB/MBC any change(s) to the governance or administration of the Agency resulting from any such review or audit.
8. When appropriate or necessary, taking action or directing that the Agency take corrective action with respect to Agency’s administration and operations.
9. When appropriate or necessary, providing policy direction to the Agency in accordance with the Act.
10. For receiving the Agency’s annual report and approving the report within 60 calendar days of receiving it.
11. For tabling the annual report within 30 calendar days of approving it.
12. For ensuring that the Agency’s annual report is made available to the public after it is tabled and within 30 calendar days of approving it.
13. Informing the Chair of the government’s priorities and broad policy directions for the Agency.
14. Consulting, as appropriate, with the Chair (and others) on significant new directions or when the government is considering regulatory or legislative changes for the Agency.
15. Developing the Agency’s MOU with the Chair, as well as any amendments to it, and signing the MOU into effect after it has been signed by the Chair.
16. Recommending to TB/MBC any provincial funding to be allocated to the Agency.
17. Respond to requests from the Agency for approval or acknowledgement in a reasonable timeframe.

Chair

The Chair, with the support of the Secretary/Director, is responsible for:

1. Providing leadership to the Agency. In consultation with the Members and the Minister, setting the goals, objectives, and strategic directions for the Agency within its legal authority as defined by the MAFRAA, other acts, other legislation, and government policies as appropriate and this MOU.
2. Ensuring the implementation of actions that support the goals, objectives, and strategic direction of the Agency, and otherwise directing the affairs of the Agency so as to fulfill its legal authority.
3. Seeking strategic policy direction for the Agency from the Minister.
4. Ensuring timely communications with the Minister and the Deputy Minister regarding any issues or events that may concern or can reasonably be expected to concern the Minister in the exercise of their responsibilities relating to the Agency.
5. Consulting with the Minister and the Deputy Minister in advance regarding any activity which may have an impact on the government and ministry’s policies, directives or procedures, or on the Agency’s legal authority, powers or responsibilities as set out in the Agency’s constituting instrument and other acts.
6. Providing advice to the Minister, on issues within or affecting the Agency’s legal authority and operations.
7. Monitoring and evaluating the performance of the Agency.
8. Consulting with the ministry on the recruitment of Commission Members, overseeing recruitment and providing recommendations to the Minister on appointments and reappointments, as applicable, that respect and promote the principles of equity, diversity, quality, merit, and regional representation.
9. Reporting to the Minister on the Agency’s activities within agreed upon timelines.
10. Working with the Secretary/Director to ensure that the Agency operates within its approved budget allocation in fulfilling its legal authority, and that public funds are used for the purpose intended with integrity and honesty.
11. Developing the agency’s MOU with the minister, as reviewed by the Appointed Commission Members, and signing it on behalf of the Agency.
12. Reviewing and approving the Agency’s business plan and annual report and submitting them to the Minister in accordance with the timelines specified in the applicable TB/MBC and government directives, and Appendix 1 of this MOU.
13. Reviewing and supporting the Agency’s budget and financial reports.
14. Providing the Minister, the Minister of Finance, and the President of the Treasury Board with a copy of every audit report, a copy of the Agency’s response to each report, and any recommendation in the report.
15. Advising the Minister and the Deputy Minister regularly on any outstanding recommendations from audit and/or legal authority reviews.
16. Fulfilling the role of ethics executive for public servants who are government appointees to the Ontario Farm Products Marketing Commission promoting ethical conduct and ensuring that all Members of the Agency are familiar with the ethical requirements of the PSOA, and the regulations and the directives made under PSOA, including in respect of conflict of interest, political activity and the protected disclosure of wrongdoing.
17. Ensuring an appropriate framework is in place for appointed Commission Members to receive adequate orientation and training with respect to the business and operations of the Agency and their responsibilities.
18. Making sure that appointed Commission Members are aware of and comply with applicable TB/MBC and government directives, and all applicable legislation.
19. Making sure a process for responding to and resolving complaints from the public and the Agency’s clients is in place.
20. Carrying out effective public communications and relations for the Agency, in consultation with the Ministry, as its chief spokesperson.
21. Cooperating with any review or audit of the Agency directed by the Minister, Auditor General or TB/MBC.
22. Developing performance measures and targets for the Agency.
23. Directing that corrective action be taken relating to the Agency’s operations, if needed.
24. Making decisions consistent with the approved goals, objectives, and strategic direction of the Agency.
25. Consulting with the Assistant Deputy Minister, Policy Division in the evaluation of the performance of the Secretary/Director and pursuant to the performance criteria established by the Deputy Minister and the Chair.
26. Working with the Minister and the Minister’s Office to ensure effective, regular dialogue occurs to identify and address issues and concerns as related to the work of the Agency.
27. For supporting the confidentiality of information flowing through the Agency, including discussions and decisions until they are publicly released.

Members

Through the Chair, the appointed Members of the Commission are responsible for:

1. Establishing the goals, objectives, and strategic directions for the Agency within its legal authority as defined by the MAFRAA, other legislation and government policies as appropriate and this MOU.
2. Making decisions consistent within the approved goals, objectives, and strategic direction of the Agency.
3. Reviewing and providing input on the Agency’s business plan and annual report in accordance with the timelines specified in the applicable TB/MBC and government directives, and Appendix 1 of this MOU.
4. Cooperating with any review or audit of the Agency directed by the Minister, Auditor General or TB/MBC.
5. Establishing such Agency committees as may be required to advise the Members of the Agency on effective management, governance, or accountability procedures for the Agency.
6. Approving the Agency’s reports and reviews that may be requested by the Minister from time to time for submissions to the Minister within agreed upon timelines.
7. Establishing performance measures and targets related to the Agency’s performance.
8. Consulting, as appropriate, with stakeholders on the Agency’s goals, objectives, and strategic directions.
9. Providing advice to the government, through the Chair, on issues within or affecting the Agency’s legal authority and operations.

Deputy Minister 

The Deputy Minister is responsible for:

1. Advising and assisting the Minister regarding the Minister’s responsibilities for the Ontario Farm Products Marketing Commission, including informing the Minister of policy direction, policies, and priorities of relevance to the Agency’s legal authority.
2. Advising the Minister on the requirements of the AAD, and other directives that apply to the Ontario Farm Products Marketing Commission.
3. Recommending to the Minister, as may be necessary, the evaluation or review, including a risk-based review, of the Ontario Farm Products Marketing Commission, or changes to the management framework or operations of the Ontario Farm Products Marketing Commission.
4. Ensures support for regular briefings and consultations between the ministry staff and the Secretariat staff and Secretary/Director as needed.
5. Attesting to TB/MBC on the Agency’s compliance with the mandatory accountability requirements set out in the AAD and other applicable TB/MBC directives, the government’s operational policies and policy directions from the Agency Chair to the Minister.
6. Ensuring that the ministry and the Agency have the capacity and systems in place for on- going risk-based management, including appropriate oversight of the Agency.
7. Ensuring that the Agency has an appropriate risk management framework and a risk management plan in place for managing risks that the Agency may encounter in meeting its service delivery objectives.
8. Undertaking timely risk-based reviews of the Ontario Farm Products Marketing Commission, its management, or operations, as may be directed by the Minister or TB/MBC.
9. Establishing a framework for reviewing and assessing the Agency’s business plans and other reports.
10. Supporting the Minister in reviewing the performance targets, measures, and results of the Agency.
11. Advising the Minister on documents submitted by the Agency to the Minister for review or approval, or both.
12. Submitting to the Minister, as part of the annual planning process, a risk assessment and management plan for each risk category.
13. Undertaking reviews of the Agency as may be directed by the Minister.
14. Cooperating with any review of the Agency as directed by the Minister, the Auditor General or TB/MBC.
15. Monitoring the Agency on behalf of the Minister, while respecting the Agency’s authority, identifying needs for corrective action where warranted, and recommending to the Minister ways of resolving any issues that might arise from time to time.
16. Negotiating a draft MOU with the Chair of the Agency, as well as any amendments to the MOU, as directed by the Minister.
17. Consulting with the Agency’s Secretary/Director and/or Chair, as needed, on matters of mutual importance including services provided by the ministry and compliance with TB/MBC directives and ministry policies.
18. Meeting with the Chair as needed or as directed by the Minister, or on the request of the Chair.
19. Arranging for administrative, financial, and other support to the Agency, as specified in this MOU.
20. Informing the Chair, in writing, of new government directives and any exceptions to, or exemptions in whole or in part from TB/MBC directives, government policies, or ministry administrative policies.
21. When required, submitting a report to the Secretary of TB/MB on the wind-down of the Agency, completion of any outstanding responsibilities by the Agency, and the termination of any appointments.
22. Consult with the Chair on the performance evaluation of the Secretary/Director.
23. Provide strategic policy advice for the Agency.
24. Ensuring timely communications regarding any issues or events that may concern or can reasonably be expected to concern the Agency in the exercise of their responsibilities.
25. Consulting with the Chair and the Secretary/Director in advance regarding any activity which may have an impact on the government and ministry’s policies, directives or procedures as it relates to the work of the Agency, or on the Agency’s legal authority, powers or responsibilities as set out in the Agency’s constituting instrument.

Secretary/Director

The Secretary/Director is responsible for:

1. Managing the day-to-day financial, analytical, and administrative affairs of the Agency in accordance with the legal authority of the Agency, TB/MBC and government directives, accepted business and financial practices, and this MOU.
2. Advising the Chair on the requirements of and the Agency’s compliance with the AAD, as well as other TB/MBC and government directives and policies, and agency by-laws and policies, including annually attesting to the Chair on the Agency’s compliance with mandatory requirements.
3. Working under the direction of the Chair, ensuring that the Members receive timely information, documents, analysis, options, recommendations, and advice from staff to support the Agency in fulfilling is statutory decision-making powers and duties.
4. Applying policies and procedures so that public funds are used with integrity and honesty.
5. Providing leadership and management to the Secretariat staff, including human and financial resources management, in accordance with the approved goals, objectives, and strategic direction of the Agency, accepted business and financial practices and standards, the Agency’s constituting instrument, and government directives.
6. Preparing the Agency’s annual business plan to be approved by the Chair prior to submission to the minister.
7. Assisting in the preparation of the Agency’s annual report as directed by the Chair.
8. Preparing financial reports.
9. Establishing and applying a financial management framework for the Agency in accordance with applicable Minister of Finance/Treasury Board controllership directives, policies, and guidelines.
10. Translating the goals, objectives, and strategic directions of the Chair into operational plans and activities.
11. Ensuring that the Agency has the oversight capacity and an effective oversight framework in place for monitoring its management and operations.
12. Keeping the appointed Members, through the Chair, informed with respect to implementation of policy and the operations of the Agency.
13. Establishing systems to ensure that the Agency operates within the approved goals, objectives, and strategic direction of the Agency while maintaining compliance with constituting instrument, other acts, and applicable directives.
14. Ensuring that the Agency has an appropriate risk management framework and risk management plan in place.
15. Supporting the Chair in meeting their responsibilities, including compliance with all applicable legislation, directives, policies, procedures, and guidelines.
16. Carrying out in-year monitoring of the Agency’s performance and reporting on results to the Chair.
17. Keeping the ministry and the Chair advised on issues or events that may concern the Minister, the Deputy Minister, and the Chair in the exercise of their responsibilities.
18. Seeking support and advice from the ministry, as appropriate, on agency management issues.
19. Establishing a system for the retention of agency documents and for making such documents publicly available when appropriate, for complying with the Freedom of Information and Protection of Privacy Act and the Archives and Recordkeeping Act where applicable.
20. Undertaking timely risk-based reviews of the Agency’s management and operations and addressing any related findings in alignment with the risk assessment evaluation requirements outlined in the AAD and corresponding ministry risk reporting protocols.
21. Consulting with the Deputy Minister as needed, on matters of mutual importance, including services providing by the ministry, and on TB/MBC and government directives and ministry policies.
22. Keeping the Deputy Minister informed about operational matters.
23. Cooperating with any review of the Agency as directed by the Minister, the Auditor General or TB/MBC.
24. Promoting ethical conduct and ensuring that all members of the Secretariat are familiar with the ethical requirements of the PSOA and the regulations and directives made under that Act, including in respect of conflict of interest, political activity, and the protected disclosure of wrongdoing, and support the Chair as the ethics executive for the appointed Commission Members in doing the same.
25. Reviewing and approving claims for per diems and travel expenses for appointees to the Agency, with support from the Chair.
26. Working with the Chair to ensure effective, regular dialogue occurs with Minister and the Minister’s Office to identify and address issues and concerns as related to the work of the Agency.
27. Through the Chair ensure that the appointed Commission Members are informed about the operations of the Agency.
28. Working with the Chair to ensure that the Agency operates within its approved budget allocation in fulfilling its legal authority, and that public funds are used for the purpose intended with integrity and honesty.
29. Ensuring appropriate management systems are in place (financial, information technology, human resources) for the effective administration of the Agency.
30. For ensuring the confidentiality of information flowing through the Agency, including discussions and decisions until they are publicly released.

Ethical Framework

The Ontario Farm Products Marketing Commission, as a public body under Ontario Regulation 146/10, is subject to the ethical framework found under the Public Service of Ontario Act, 2006 (PSOA).

The Chair, as the Ethics Executive for the Appointed Commission, is responsible for ensuring that Members are informed of the ethical rules to which they are subject, including the rules on conflict of interest, political activity and protected disclosure of wrongdoing that apply to the Agency. The Chair affirms this periodically with Appointed Commission Members as part of regular business.

The Deputy Minister, as the Ethics Executive for the ministry, is responsible for ensuring that the Secretariat are informed of the ethical rules to which they are subject, including the rules on conflict of interest, political activity and protected disclosure of wrongdoing that apply to the Agency.

The Integrity Commissioner, as the Ethics Executive for chairs of Public Bodies like the Ontario Farm Products Marketing Commission, is responsible for ensuring that the Chair is informed of the ethical rules to which they are subject, including the rules on conflict of interest, political activity and protected disclosure of wrongdoing that apply to the Agency.

Reporting Requirements

Business Plan

1. The Chair will ensure that the Minister is provided annually with the Agency’s business plan covering a minimum of three (3) years from the current fiscal year that includes a financial budget, for approval by the Minister. The annual business plan shall be in accordance with the requirements set out in the AAD.
2. The annual business plan is to be submitted to the ministry’s chief administrative officer or designated equivalent within three months prior to the Agency’s fiscal year-end.
3. The Chair is responsible for ensuring that the Agency’s business plan includes a system of performance measures and reporting on the achievement of the objectives set out in the business plan. The system must include performance goals, how they will be achieved, and targeted results and timeframes.
4. The Chair will ensure that the business plan includes a risk assessment and risk management plan to assist the ministry in developing its risk assessment and risk management plan information in accordance with the requirements of the AAD to assess risks, develop and maintain necessary records, and report to TB/MBC.
5. The Chair will ensure that any business plan to be publicly posted does not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, trade secrets, information that would prejudice the financial or commercial interests of the Agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the Agency.
6. The Minister will review the Agency’s annual business plan and will promptly advise the Chair whether or not they concur with the directions proposed by the Agency. The Minister may advise the Chair where and in what manner the Agency’s plan varies from government or ministry policy or priorities as may be required, and the Chair will revise the Agency’s plan accordingly.
7. In addition, TB/MBC may require the Minister to submit the Agency’s business plan to TB/MBC for review at any time.
8. The Chair, through the Secretary/Director, will ensure that its business plan is made available to the public in an accessible format, in both official languages, on the Agency website within 30 calendar days of Minister’s approval of the plan.

Annual Reports

1. The Chair, with the support of the Secretary/Director, is responsible for ensuring that the Agency’s annual report is prepared and submitted to the Minister for approval within 90 calendar days after the Agency’s fiscal year end. The annual report shall be in accordance with the requirements set out in the AAD.
2. The Chair, with the support of the Secretary/Director, will ensure that the annual report is prepared as a text document, without images or graphics, with the exception of the provincial and agency logos on the front page.
3. The Chair, with the support of the Secretary/Director, will ensure that any annual report to be publicly posted does not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, trade secrets, information that would prejudice the financial or commercial interests of the Agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the Agency.
4. The Minister will receive and review the Agency’s annual report and will approve the report within 60 calendar days after the day of receipt.
5. The Minister will, within 30 calendar days of approval, table the report in the Legislative Assembly.
6. The Chair, through the Secretary/Director, will ensure that its annual report is publicly posted in an accessible format, in both official languages, on the Agency website after the report has been tabled in the Legislature and within 30 calendar days of Minister approval.
7. When distributing annual reports, digital formats and channels for distribution must be used unless otherwise required (e.g. by directive, legislation).

Public Posting Requirements

1. The Secretariat, through the Chair, will ensure that the following approved governance documents are posted in an accessible format, in both official languages, on the Agency website within the specified timelines:
   • Memorandum of understanding and any letter of affirmation – within 30 calendar days of signing by both parties.
   • Annual business plan – within 30 calendar days of Minister’s approval.
   • Annual report – 30 calendar days of minister’s approval (the report must first be tabled in the Legislature).
2. Posted governance documents should not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, trade secrets, information that would prejudice the financial or commercial interests of the Agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the Agency
3. The Secretariat, through the Chair, will ensure that the expense information for appointees and senior management staff are posted on the Agency or ministry website, in accordance with the requirements of the MBC Travel, Meal and Hospitality Expenses Directive.
4. The Secretariat, through the Chair, will ensure that any other applicable public posting requirements are met.

Communications and Issues Management

The parties to this MOU recognize that the timely exchange of information on the operations and administration of the Agency is essential for the Minister to meet their responsibilities for reporting and responding to the Legislative Assembly on the affairs of the Agency. The parties also recognize that it is essential for the Chair to be kept informed of the government initiatives and broad policy directions that may affect the Agency’s legal authority and functions.

The Minister and the Chair, therefore, agree that:

1. The Chair will keep the Minister advised, in a timely manner, of all planned events or issues, including contentious matters, that concern or can be reasonably expected to concern the Minister in the exercise of their responsibilities.
2. The Minister will consult with the Chair in a timely manner, as appropriate, on broad government policy initiatives or legislation being considered by the government that may impact on the Agency’s legal authority or functions, or which otherwise will have a significant impact on the Agency.
3. The Chair will consult with the Minister on public communication strategies and publications. The Chair will keep the Minister informed of the results of stakeholder and other public consultations and discussions. The Minister will, as appropriate and as it relates to the Ontario Farm Products Marketing Commission and relevant issues, consult with the Chair on public communications and share the results of consultations.
4. The Minister and the Chair will meet regularly, or as requested by either party, to discuss issues relating to the fulfillment of the Agency’s legal authority, management, and operations.
5. The Deputy Minister and the Secretary/Director will meet as requested by either party, to discuss issues relating to the delivery of the Agency’s legal authority and the efficient operation of the Agency and the provision of services by the ministry to the Agency. The Deputy Minister and the Secretary/Director shall provide timely information and advice to each other concerning significant matters affecting the Agency’s management or operations.
6.   The Agency and ministry will adhere to the Public Communications Protocol set out in Appendix 2 to this MOU for ongoing issues management.

Administrative Arrangements

Applicable Government Directives

1. The Chair, with the support of the Secretary/Director, is responsible for ensuring that the Agency operates in accordance with all applicable TB/MBC, PSC, and government directives, as well as applicable ministry financial and administrative policies and procedures.
2. The ministry will inform the Agency of amendments or additions to directives, policies and guidelines that apply to the Agency; however, the Agency is responsible for complying with all directives, policies, and guidelines to which it is subject.

Administrative and Organizational Support Services

1. The Deputy Minister is responsible for providing the Agency with the administrative and organizational support services listed in Appendix 3 to this MOU, and for negotiating with Ontario Shared Services concerning these services, as appropriate.
2. Appendix 3 may be reviewed at any time at the request of either party.
3. The Deputy Minister will ensure that the support or services provided to the Agency are of the same quality as those provided to the ministry’s own divisions and branches.

Agreements with Third-parties

The Chair, with the support of the Secretary/Director, is responsible for ensuring that the Agency complies with the Ontario Public Sector Procurement Directive for the use of consultants or other contracted parties.

Legal Services

1. Legal services to the Ontario Farm Products Marketing Commission will be provided by the Ministry of the Attorney General, in accordance with the Ministry of the Attorney General’s Corporate Operating Policy on Acquiring and Using Legal Services.
2. The Ontario Farm Products Marketing Commission may request outside legal services when it requires expertise which is unavailable within the Ministry of the Attorney General or when the use of a law office of the Crown would result in any conflict of interest.

Outside legal services will be acquired in accordance with the Ministry of the Attorney General’s Operating Policy on Acquiring and Using Legal Services.

Creation, Collection, Maintenance and Disposition of Records

1. The Secretary/Director is responsible for ensuring that a system is in place for the creation, collection, maintenance, and disposal of records.
2. The Chair and the Secretary/Director are both responsible for ensuring that the Agency complies with all government legislation, directives and policies related to information and records management.
3. The Secretary/Director and the Chair shall protect the legal, fiscal, and other interests of the Agency by implementing reasonable measures to ensure the ongoing viability, integrity, preservation, and security of all official records created, commissioned or acquired by the Agency. This includes, but is not limited to, all electronic records, such as emails, information posted on the Agency’s website(s), database data sets, and all records stored on personal computers and shared drives.
4. The Chair and the Secretary/Director are both responsible for ensuring measures are implemented requiring the Agency to create full, accurate and reliable records that document and support significant business transactions, decisions, events, policies, and programs.
5. The Chair and the Secretary/Director are both responsible for ensuring that the Agency complies with the Archives and Recordkeeping Act, 2006, S.O. 2006, Chapter 34, Schedule A.
6.   The Chair and the Secretary/Director are both responsible for ensuring that the Agency complies with the TB/MBC Management and Use of Information and Information Technology (I&IT) Directive, in conjunction with the Corporate Policy on Recordkeeping, as applicable.

Intellectual Property

1. The Secretary/Director is responsible for ensuring that the legal, financial, and other interests of the government in intellectual property are protected in any contract that the Agency may enter into with a third party that involves the creation of intellectual property.

Freedom of Information and Protection of Privacy

1. The Chair and the Minister acknowledge that the Agency is bound to follow the requirements set out in the Freedom of Information and Protection of Privacy Act (FIPPA) in relation to the collection, retention, security, use, distribution and disposal of records.
2. The Minister is the institution head for the purposes of the FIPPA. The Minister has delegated all powers and duties under FIPPA, with respect to the Agency, to the positions identified in a delegation document dated March 4, 2010, as amended from time to time. The Chair recognizes that the Minister is ultimately responsible and accountable to the Legislature for ensuring compliance with the FIPPA.

Service Standards

1. The Agency shall establish customer service and quality standards that are consistent with the appropriate standards of the government, the ministry, and the Ontario Public Service.
2. The Chair and the Secretary/Director will both ensure that the Agency delivers its services at a quality standard that reflects the principles and requirements of the OPS Service Directive.
3. The Agency’s process for responding to complaints about the quality of services is separate from any legislative provisions about re-consideration of the Agency’s regulatory decisions.
4. The Agency has in place a formal process for responding to complaints about the quality of services received by clients of the Agency consistent with the government’s service quality standards.
5. The Agency’s annual business plan will include performance measures and targets for client service and the Agency’s response to complaints.
6. The Agency shall comply with the Accessibility for Ontarians with Disabilities Act.

Financial Arrangements

General

a. Consequently, the Agency is administered by the ministry, all financial procedures for the Agency shall be in accordance TB/MBC and Ministry of Finance directives and guidelines, ministry corporate financial and administrative policies and procedures, and other Government of Ontario guidelines, directives and policies.

Funding

a. Financial procedures of the Agency must be in accordance with TB/MBC and Ministry of Finance directives and guidelines and other applicable government direction.

Financial Reports

The Chair shall provide, on instruction from the Minister of Finance, the Agency’s financial information for consolidation into the Public Accounts

The Agency will submit its salary information to the Minister of Finance and/or the President of the Treasury Board, through the ministry, in accordance with the Public Sector Salary Disclosure Act, 1996.

Taxation Status: Harmonized Sales Tax (HST)

1. The Agency is named in Schedule A of the Canada-Ontario Reciprocal Taxation Agreement.
2. The Agency is responsible for paying and collecting HST where applicable, in accordance with the federal Excise Tax Act.
3. The Agency is entitled to claim HST government rebates in respect of any HST paid by the Agency to suppliers, subject to any restrictions specified by Finance Canada.
4. The Agency is responsible for providing the Ministry of Finance or the Canada Revenue Agency, upon request, with any information necessary to determine the amount of an HST government rebate.
5. The Agency is responsible for complying with its obligations as a supplier under the federal Excise Tax Act to collect and remit HST in respect of any taxable supplies made by it.

Audit and Review Arrangements

Audits

1. The Agency is subject to periodic review and value-for-money audit by the Auditor General of Ontario under the Auditor General Act or by the Ontario Internal Audit Division of Treasury Board Secretariat.
2. The Ontario Internal Audit Division may also carry out an internal audit, if approved to do so by the ministry’s Audit Committee or by the Corporate Audit Committee.
3. Regardless of any previous or annual external audit, the Minister may direct that the Agency be audited at any time.
4. The Agency will promptly provide a copy of every report from an audit to the Minister and the Minister of Finance/President of the Treasury Board. The Agency will also provide a copy of its response to the audit report and any recommendations therein. The Agency will advise the Minister annually on any outstanding audit recommendations.
5. The Chair may request an external audit of the financial transactions or management controls of the Agency, at the Agency’s expense.

Other Reviews

1. The Ontario Farm Products Marketing Commission is subject to periodic review initiated at the discretion and direction of TB/MBC or the Minister. The review may cover such matters relating to the Agency that are determined by TB/MBC or the minister, and may include the legal authority, powers, governance structure and/or operations of the Agency.
2. In requiring a periodic review, the Minister or TB/MBC shall determine the timing and responsibility for conducting the review, the roles of the Chair and the Minister, and how any other parties are involved.
3. A mandate review of the Agency will be conducted at least once every 6 years, or as scheduled by TB/MBC.
4. The Minister will consult the Chair as appropriate during any such review.
5. The Chair will cooperate in any review.
6. In the event of a review initiated at the direction of the Minister, the Minister shall submit any recommendations for change that are developed from the results of the review regarding the Agency to TB/MBC for consideration.

Staffing and Appointments

Delegation of Human Resources Management Authority

1. Where the PSC has delegated its powers, duties and functions in relation to human resources management to the Deputy Minister, Chair or prescribed individual under Ontario Regulation 148/10, that person is accountable for exercising that authority in compliance with any relevant legislation, directives or policies in accordance with the legal authority of the Ontario Farm Products Marketing Commission, and within the parameters of the delegated authority.

Staffing Requirements

1. The ministry will provide the Agency with administrative services and program analysis as required through the Ontario Farm Products Marketing Commission Secretariat sufficient to ensure the efficient and effective administration of the Agency.
2. The Secretary/Director will develop job descriptions for the staff providing administrative services to the Agency in consultation with the Chair.
3. The specific administrative support services to be provided by the ministry to the Agency are identified in Appendix 3 to this MOU.
4. The ministry is responsible for providing administrative support to the operation of the Agency, including the preparation of cheques and maintenance of financial records.
5. Ministry employees are assigned to the Agency as and when required.

Appointments

1. The Chair is appointed by the Lieutenant Governor in Council on the recommendation of the Minister pursuant to section 12 of the MAFRAA for an initial term of 2 years, followed by the possibility of additional terms of up to 3 and 5 years respectively, up to a maximum of 10 years.
2. The Members/Vice-Chairs of the Agency are appointed by the Lieutenant Governor in Council on the recommendation of the Minister pursuant to section 12 of the MAFRAA for an initial term of 2 years, followed by the possibility of additional terms of up to 3 and 5 years respectively, up to a maximum of 10 years.
3. There is no maximum number of Members/Vice-Chairs.
4. The Agency shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council pursuant to section 12 of the MAFRAA.
5. Three Members of the Commission, of whom one shall be the Chair or a Vice-Chair, constitute a quorum and are sufficient for the exercise of all jurisdiction and powers of the Commission pursuant to section 12 of the MAFRAA

Remuneration

1. Remuneration for appointees is set by the Lieutenant Governor in Council.
2. As set out in Schedule 2 of the Order in Council 894/2018, the Chair is remunerated at a per diem rate of $744, the Vice-Chairs are remunerated at a per diem rate of $583 and the Members are each remunerated at a per diem rate of $472. Should the remuneration rates change during the life of this MOU, the updated amounts in the current Order in Council will replace the amounts noted here.
3. Travel expenses of appointees must comply with the MBC Travel, Meal and Hospitality Expenses Directives. Reasonable expenses shall be reimbursed.

Risk Management, Liability Protection and Insurance

Risk Management 

1. The Chair, with the support of the Secretary/Director, is responsible for ensuring that a risk management strategy is developed for the Agency, in accordance with the OPS Risk Management process.
2. The Agency shall ensure that the risks it faces are dealt with in an appropriate manner.

Liability Protection and Insurance

1. Pursuant to section 6 of the Act, no action or other proceeding for damages shall be instituted against any employee of the Ministry or a Member for any act done in good faith in the execution or Intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.

Effective Date, Duration and Periodic Review of the MOU

1. This MOU becomes effective on the date it is signed by the minister as the last party to execute it (“Original Effective Date”) and continues in effect until it is revoked or replaced by a subsequent MOU signed by the parties.
2. A copy of the signed MOU and any successor MOU must be provided to the Secretary, TB/MBC.
3. Upon a change in the Minister or Chair, both parties must affirm by letter that this MOU will continue in force without a review (and attach the signed letter to the MOU); or alternatively, they may agree to revise it and sign a new MOU within six (6) months of the change.
4. A copy of the letter of affirmation, or a new MOU between the Minister and Chair must be provided to the Secretary, TB/MBC within six months of the new party or parties’ commencement.
5. Either the Minister or the Chair may initiate a review of this MOU by written request to the other.
6.   If either of the parties deems it expedient to amend this MOU, they may do so only in writing. Any amendment shall only be effective after approval by the parties.
7. A full review and replacement of this MOU will be conducted immediately in the event of a significant change to the Agency’s mandate or legal authority, powers, or governance structure as a result of an amendment to the MAFRAA.
8. At a minimum, this MOU will be reviewed at least once every 5 years to ensure it is current and consistent with government expectations.

Signatures

Amy Cronin, Chair Ontario Farm Products Marketing Commission
Date: December 10, 2021

Lisa Thompson, Minister of Agriculture, Food and Rural Affairs
Date: December 15, 2021

Appendix 1: Summary of Agency Reporting Requirements

Appendix 2: Public Communications Protocol

1. Purpose

   The purpose of this communications protocol is to set out a framework for the ministry and agency to collaborate on public communications opportunities. Clear and direct lines of communication between the ministry and the Agency is essential.

   This communications protocol will support both the Agency’s implementation of its legislated legal authority and the promotion of the work it does. It will also support the Minister’s accountability to the Legislative Assembly and to Cabinet for the same.

2. Definitions
   1. “Public communications” means any material that is communicated to the public, either directly or through the media in:
      • Oral form, such as a speech or public presentation
      • Printed form, such as a hard copy report
      • Electronic form, such as a posting to a website.
   2. A “contentious issue” is a matter that is, or may reasonably be expected to be, of concern to the Legislative Assembly or the public, or is likely to result in inquiries being directed to the Minister or government. Contentious issues may be raised by:
      • Members of the Legislative Assembly
      • The public
      • Media
      • Stakeholders
      • Service delivery partners.
3. The Agency will comply with the TB/MBC Visual Identity Directive and identify itself in all media responses and news releases and on its website as an agency of the Government of Ontario.
4. The ministry and the Agency will appoint persons to serve as public communications “leads”.
   • The ministry lead is the Director of Communications Branch.
   • The Agency lead is the Chair.
5. For the purpose of this protocol, public communications are divided into three categories:
   1. Media responses related to the day-to-day business of the Agency and its programs that do not have direct implications for either the ministry or the government.
      • The Agency should communicate their media responses to the ministry lead who will circulate as appropriate to other individuals within the ministry.
      • This category does not include contentious issues, media responses, or news releases that directly or indirectly announce grants or other funding to organizations.
   2. All news releases as well as media responses or communications plans where provincial or ministerial messaging on government priorities would enhance the Agency’s or the government’s profile, or would provide opportunities for local MPP announcements
      • The Agency lead will notify the ministry lead of upcoming news releases and communications plans fifteen (15) business days in advance. If the communications activity is an event, it will take place at a mutually agreed date and location.
      • For non-contentious items which provide government messaging opportunities, or which involve funding announcements, the Agency must also request approval of news releases or communications plans seven (7) days prior to the date required.
      • Final approval is required from the Minister’s office and will be sought via the ministry lead.
   3. Contentious issues, media responses, and news releases that may have direct implications for either the ministry or the government or are likely to result in inquiries being directed to the Minister or government (including all funding or grant announcements and contentious issues).
      • For all contentious issues, the Agency lead will notify the ministry lead immediately upon becoming aware of the issue and will notify the Minister’s office simultaneously. The ministry lead may also advise the Agency of contentious issues that require attention. The Agency will provide all required background information on the issue to the ministry lead, who will arrange to have a contentious issue note prepared.
      • The Agency must obtain ministry approval prior to issuing media responses or news releases in this category. The Agency lead will provide the media response or news releases to the ministry lead who will initiate the approval process within the ministry.
      • Final approval on media responses and news releases in this category is required from the Minister’s office.

Appendix 3: Administrative or Organizational Support Services

The Deputy Minister is responsible for ensuring that the Ministry provides the following administrative support services to the Agency:

1. Financial administration: pay and benefits administration, accounts payable and technical advice, purchasing, central mail and printing services, and records and forms advisory services
2. Human resource services: classification, advice and consultation regarding recruitment procedures and staff relations, job description writing, career counselling and staff development, and advice and consultation regarding corporate initiatives such as occupational health and safety
3. Corporate educational opportunities and career planning services are available and open to the Agency’s Secretariat staff; the ministry must assist the Secretary/Director in ensuring that these are communicated effectively to agency staff
4. Information technology and telecommunications services: advice, consultation, and support
5. Internal audit: financial compliance, management, human resource and information systems audits, operational reviews, and special investigations as required
6. Legal services
7. Accommodation: planning, including lease renewals
8. Freedom of information program services
9. French language services translation and interpretation services
10. Business planning
11. Performance measurement and program evaluation
12. Communications and marketing
13. Human resources to staff the Agency’s Secretariat.