Ontario Farm Products Marketing Commission business plan 2024–2027
Context
Accountability
The Ontario Farm Products Marketing Commission (commission) is prescribed as a public body and a Commission public body in accordance with O. Reg. 146/10 under the Public Service of Ontario Act, 2006.
The commission is not organizationally part of a ministry but is a Crown agency of the Ontario government. It is comprised of appointees and as an agency, it is expected to provide a high level of service to the public.
The commission reports to, and is directly accountable to, the Ontario Minister of Agriculture, Food and Rural Affairs. The minister, in turn, is accountable to Cabinet and the legislature for the commission’s fulfillment of its legal authority and for reporting on the commission’s affairs.
As a government agency, the commission functions as a non-board-governed, regulatory agency under the Agencies and Appointments Directive (AAD), a Management Board of Cabinet directive issued under the Management Board of Cabinet Act.
The AAD sets out the rules and accountability framework for all provincial agencies, including the commission. As a requirement of the AAD, a 3-year business plan must be prepared annually and submitted by the chair of the commission to the Minister of Agriculture, Food and Rural Affairs, for the minister’s approval.
This business plan covers a 3-year horizon (2024-2027) and outlines how the commission intends to operate during that period.
As a requirement of the AAD, the commission must operate in accordance with a business plan that has been approved by the minister.
The commission
The commission is central to Ontario's regulated marketing system. Through its actions, it ensures that individual regulated commodity systems operate in an effective and responsible manner. This is done with due regard to the impact of commission decisions on the agri-food sector and consumers, while at the same time maintaining the public policy goals of the legislation.
The commission’s primary stakeholders are comprised of the marketing board, local boards and section 12 representative associations which this commission is mandated to oversee. Additional stakeholders include organizations referenced in commission-made regulations.
The commission is currently comprised of 7 appointed members including a chair, 2 vice-chairs and four other members. The members hold a wealth of experience in agricultural production and processing with a variety of business, industry, and commodity experience. The Lieutenant Governor in Council, upon the recommendation of the minister, appoints commission members.
The commission is supported operationally by a secretariat that is comprised of staff of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Organizationally, the Secretariat is a branch of OMAFRA’s Policy Division.
In performing its function as a regulatory agency, the commission typically convenes for 2 days each month to address sector challenges and opportunities, while also making decisions pertaining to the regulations under its authority. commission members and Secretariat staff also participate in various commodity Industry Advisory Committees (IACs) and attend other industry meetings (such as commodity board annual general meetings) over the course of the year where commission oversight, guidance or facilitation is requested.
The commission’s legal authority and mandate
The commission is continued as a body corporate without share capital pursuant to subsection 12(1) of the Ministry of Agriculture, Food and Rural Affairs Act (MAFRAA). The commission exercises powers and authority under the Farm Products Marketing Act, the Milk Act and O. Reg. 68/98 under the Commodity Boards and Marketing Agencies Act.
Alongside its policy functions, the commission is authorized to make independent regulatory decisions. It reports to, and is directly accountable to, the Minister of Agriculture, Food and Rural Affairs. The minister, in turn, is accountable to Cabinet and the legislature for the commission’s fulfillment of its legal authority and for reporting on the commission’s affairs.
As a non-board governed, regulatory agency, the commission is accountable for making regulatory decisions and supervising the activities of the various farm commodity marketing boards in Ontario. However, the commission does not possess the authority to make its own operational decisions. It is the ministry that is required to provide operational, financial, and administrative support to the agency as per legislation through the Secretariat.
A third-party governance review of the commission carried out during 2022 resulted in recommendations related to clarifying the role and mandate of the commission. Early in 2023, the minister provided a letter of direction to the commission which provided clarity on its mandate, including:
- administering the relevant provisions of the enabling legislation (Farm Products Marketing Act and Milk Act) in Ontario to ensure it remains reliable and effective for our marketing boards, local boards, associations, producers and processors.
- supervising regulated marketing organizations to whom power and authority has been delegated under the legislation and ensure boards, associations, producers and processors remain in compliance with the legislation and regulations that are in place, including through robust governance training/reviews for each board
- addressing challenges, issues and opportunities in the regulated marketing sector by collaborating with stakeholders to find equitable, unbiased and industry-led solutions or by leveraging, where required, authorities provided to the commission. This includes reviewing the financial sustainability of marketing boards and working with boards to identify red tape that could be reduced
- conducting a review of all IACs to analyze their effectiveness and how they can be best used. This review should be done under the lens of encouraging economic growth, as well as cooperation across the supply chain
- with respect to stakeholders, measuring and communicating the priorities and performance of the agency to build trust and demonstrate alignment between the agency and our government is vital. This includes ensuring the commission has a full understanding of all stakeholder input on relevant commission business
- engaging regularly with myself and the ministry to ensure regulated marketing policy efforts are collaborative and in alignment with government priorities through briefings for the Minister’s Office and minister where applicable. This includes further, engaging through the Ministry or my office with the appropriate ministries with respect to any issues that could impact trade or intergovernmental relationships
Also, during 2023, the commission worked to define its purpose and in doing so developed the following statement to embody its mandate:
The Ontario Farm Products Marketing Commission is empowered by the legislature of Ontario to supervise regulated marketing boards and associations to ensure delegated authorities are exercised in a way that benefits Ontarians by fostering thriving agricultural production and processing in our regulated sectors which is a fundamental driver of Ontario’s economy and rural prosperity, and ensuring stable food supply, food security and food affordability for Ontarians.
The commission is an agency that is accountable to the Minister of Agriculture, Food and Rural Affairs, and is trusted to use its expertise in agri-food to navigate complex issues in an impartial manner and empower the regulated marketing sectors to find industry solutions as challenges arise.
The commission’s vision and mission statements
To provide guidance in carrying out its mandate, the commission sets a three-year strategic plan that defines its priorities and establishes the goals it wants to achieve.
The commission plans to create a new strategic plan during the 2024-2025 fiscal year to ensure it aligns with any visionary or direction changes identified by the agency. The new strategic plan will be reflected in the commission’s work for the duration of this 2024-2027 business plan.
The commission will be guided by its current or updated strategic plan, including its vision, mission and strategic goals that are in support of the sector, OMAFRA and government priorities. The commission’s strategic framework, goals, and objectives, along with the initiatives and target outcomes will guide and reflect its ongoing commitment to its regulatory responsibilities that help its regulated stakeholders and the agri-food sector thrive and prosper.
Vision: prosperous, thriving, dynamic agri-food sector
The commission works to help drive the province’s regulated marketing system forward, enabling the agri-food sector to be successful in the marketplace. Passionate about supporting our stakeholders and growing the sector through the regulated marketing system, the commission is focused on bringing Ontario food products to the tables of consumers, locally and globally.
As a regulator, the commission is actively listening to the diverse needs of marketing boards and section 12 representative associations, and its value chain partners. It conscientiously brokers progressive, whole-sector solutions for this dynamic and competitive industry. The commission works diligently to build respect, trust and collaboration between all commodity groups, producers, processors and their stakeholders.
Mission: supporting the growth of Ontario's agri-food value chains so they are robust, creative and adaptive to change
Working with our sector partners, the commission provides oversight and authority to Ontario’s regulated marketing system in order to enable whole sector solutions that lead to a more robust sector and economy.
Core values/guiding principles:
- Lead by example
- Strive for excellence
- Build and reinforce trust
- Whole-chain perspective
The commission’s work: 2024-2027
To better manage priorities and inform others about the commission’s mandate, the commission recently completed a “Path to Clarity” project to develop and document a shared description of the commission using common, everyday language, to be used to clarify and articulate the work the commission does, and how and why it does it.
The commission’s work is categorized within 3 lines of business.
Framework oversight for regulated marketing activities
- Making or amending regulations that enable boards and associations to carry out their mandates
- Monitoring or reviewing existing regulations to identify ongoing issues or opportunities for improvement or modernization
- Consulting with the minister, the ministry, stakeholders and all impacted parties on regulatory proposals
- Assessing regulatory impacts and mitigating risks
- Using legislated tools to maintain the integrity of the regulated marketing system
Anticipated activities for 2024–2025
- Supporting OMAFRA with possible legislative reviews or recommended amendments
- Making or amending regulations:
- it is estimated that 11 marketing regulations may be made or amended by the commission
- it is estimated that 4 general regulations may be made or amended by the commission
- it is estimated that 8 plan regulations may be made and/or amended. Amendment of these regulations made by the commission require approval by the minister.
- it is estimated that the commission will recommend that the lieutenant governor in council make or amend 3 plan regulations
- Appointing IAC members
- Ordering negotiated agreements into legal force
- Issuing licences
- Reviewing or signing national supply-managed commodity agreements
- Participating in National Association of Agri-Food Supervisory Agency (NAASA) meetings
- Participating in a Turkey Farmers of Ontario export policy working group
- Encouraging boards and associations to understand and address cyber security risks to their operations
Regulatory compliance activities
- Conducting reviews to ensure boards and associations are in compliance with the regulations
- Providing guidance and tools to enable board and association compliance with the regulations
- Setting out clear expectations of board and association compliance
- Ensuring the commission is compliant with its own regulatory requirements
Anticipated activities for 2024–2025
- Working with all boards/associations to complete the compliance attestation process
- Holding review meetings with 14 boards/associations:
- Turkey Farmers of Ontario
- Ontario Canola Growers’ Association
- Ontario Tender Fruit Growers
- Ontario Ginseng Growers’ Association
- Fresh Grape Growers’ Marketing Board
- Grain Farmers of Ontario
- Flowers Canada (Ontario) Inc.
- Ontario Flue-Cured Tobacco Growers’ Marketing Board
- Ontario Processing Vegetable Growers
- Ontario Tomato Seedling Growers’ Marketing Board
- Ontario Sheep Farmers
- Ontario Bean Growers
- Egg Farmers of Ontario
- Seed Corn Growers of Ontario
Guidance, facilitation and dispute resolution activities
- Providing advice or facilitation to advance industry-led solutions to address opportunities, and help resolve conflicts or disputes
- Collecting, analyzing and fact-checking data and information about complaints or disputes
- Hearing matters and making decisions in a transparent, fair and unbiased manner
Anticipated activities for 2024–2025
- Formally and informally meeting with key stakeholders that are impacted by regulated marketing legislation, and where applicable, aligning with biennial board/association review meetings
- Managing relationships/issues with the boards/associations and other stakeholders along the value chain
- Participating in IAC meetings
- Attending board/association annual general meetings
Anticipated projects
While the commission continues to carry out its key responsibilities as set out in legislation, during the period of this plan it will also engage in projects to support its efforts in becoming a more effective and modern regulatory organization. These projects include:
- creating a new strategic plan to guide the commission through fiscal years from 2024–2028
- continuous improvement projects, including a review of how the commission supervises the financial management of commodity boards
Additional projects may include:
- development of a policy, process, performance measures and targets to assess client service and the commission’s response to complaints
- review of existing, and development of new commission policies and guidance documents
Compliance requirements
During 2024–2025, the commission will also deliver the:
- 3-year business plan
- compliance attestation
- Accessibility for Ontarians with Disabilities Act (AODA) attestation
- French Language Services (FLS) reporting
- expense information
- risk evaluation and reporting
- memorandum of understanding (MOU) update, if required
- data management plan
The commission’s performance plan
During 2023, the commission worked with a third-party to develop a series of clear, consistent and meaningful performance measures. This work had been recommended through the governance review of the commission that was completed in 2022.
As the commission is expected to provide a high level of service to the public, performance measures are essential to measuring, monitoring and communicating the commission’s impact to government and stakeholders. Well-designed measures also enable sound agency and ministry decision-making, highlight and track improvements in programs and services, and fulfil accountability requirements through reporting on results.
The commission has identified 4 key domains within which it will measure its performance and will strive to meet the established targets for the 2024–2027 period. These domains align with the commission’s lines of business, and add an additional component related to organizational excellence.
The commission performance plan for 2024–2027 is outlined within the 4 performance domains.
Performance domain 1: commission regulatory oversight
Focuses on the commission’s mandate to develop and implement all policies related to regulated marketing in Ontario to support an effective and efficient regulatory marketing system.
| Performance measure | 2024–2027 Performance targets | Data source |
|---|---|---|
| The commission’s regulatory decision-making process is responsive to the needs of industry |
| Commission administrative data |
| The commission carries out its oversight function through other decision-making |
| Commission administrative data |
| The commission regularly meets with boards/associations to provide oversight |
| Commission administrative data |
| The commission ensures the financial sustainability of boards and associations |
| Commission administrative data |
Performance domain 2: commission regulatory compliance monitoring and enforcement functions
Focuses on the commission’s mandate to administer the legislation and regulation of the Farm Products Marketing Act and the Milk Act, and to supervise the exercise of board powers and authorities to support compliance with the legislative scheme.
| Performance measures | 2024–2027 Performance targets | Data source |
|---|---|---|
| The commission supervises the use of powers and authorities exercised by boards to promote compliance |
| Commission administrative data |
| The commission supports boards and associations into compliance |
| Survey of boards/associations |
| The commission’s compliance monitoring processes and requirements are transparent and efficient |
| Survey of boards/associations |
Performance domain 3: commission sector guidance and facilitation
Focuses on the commission’s mandate to provide leadership and education for boards and associations to increase the effectiveness and efficiency of the regulatory marketing system.
| Performance measures | 2024–2027 Performance targets | Data source |
|---|---|---|
| The commission’s facilitation of formal whole-sector discussion forums |
| Commission administrative data |
| The commission regularly gains the perspectives of sector stakeholders who are impacted by the commission’s regulations |
| Commission administrative data |
| The commission provides effective sector guidance and facilitation |
| Survey of boards, associations and other regulated stakeholders |
| The commission encourages sector stakeholders to consider cyber security |
| Biennial review process |
Performance domain 4: commission organizational excellence
Focuses on the commission’s government directive and requirements as set out by the AAD and a focus on agency operational efficiency and effectiveness.
| Performance measures | 2024–2027 Performance targets | Data source |
|---|---|---|
| Progress toward minister’s direction |
| Commission self-assessment |
| Progress towards delivering on the strategic goals of the commission |
| Commission self-assessment |
| The Agency fulfills its administrative and compliance requirements based on legislation, directives, policies and guidelines | Timely completion of:
| Commission administrative data |
| Agency members consistently exhibit strong performance in their work |
| Member self-assessment |
To provide context around the anticipated work within the various domains, the following work has been completed as of December 2023:
- 7 regulation amendments completed
- 9 negotiated agreements ordered into force
- 66 licences issued
- 21 appointments
- 8 board/association review meetings
- 1 related industry meetings
- 15 IAC meetings held
Resources to carry out the commission’s mandate
OMAFRA is responsible for providing both financial resources and staffing to support the commission in carrying out its mandate.
Staff assigned to support the commission
The commission is supported by a secretariat. Organizationally, the secretariat is a branch within OMAFRA’s Policy Division.
The secretariat is currently comprised of 10 full-time OMAFRA employees and includes:
- a director
- a coordinator
- a policy analyst
- 5 policy advisors
- 2 senior policy advisors
Generally, staff are organized into operational coordination and regulated marketing policy groups.
Operational coordination staff support the commission with efforts to ensure the completion of all required administrative, financial, coordination, compliance, project and management functions.
Regulated marketing policy staff support the commission with information, policy analysis and advice on matters related to the 25 boards and associations it oversees, and the applicable legislation and regulations.
Additionally, significant support from the Legal Services Branch assigned to OMAFRA from the Ministry of the Attorney General is also required to achieve the commission’s oversight, policy and regulatory objectives.
Proposed budget to operate the commission
The budget to operate the commission is part of OMAFRA’s budget. The director of the secretariat is responsible for oversight of the budget. As a non-board governed agency, the commission does not have its own audited financial statements.
| Proposed operating expenditures | 2024–25 Allocation* | 2025–26 Allocation* | 2026–27 Allocation* |
|---|---|---|---|
| Transportation and communications | $29,000 | $29,000 | $29,000 |
| Services | $546,100 | $546,100 | $546,100 |
| Supplies and equipment | $2,500 | $2,500 | $2,500 |
| Total | $577,600 | $577,600 | $577,600 |
* This allocation is for planning purposes.
The majority of the budget will fund the commission’s work related to its lines of business, including activities related to framework oversight for regulated marketing, regulatory compliance and guidance, facilitation and dispute resolution, with the balance funding its efforts around continuous improvement projects.
Glossary of terms
- Ontario Farm Products Marketing Commission (commission)
- The commission is a provincial agency (a non-board-governed regulatory agency) under the Management Board of Cabinet’s AAD.
- Ontario Farm Products Marketing Commission Secretariat (secretariat)
- The secretariat is a branch within OMAFRA’s Policy Division. The director (secretary of the commission) of the secretariat has a dual reporting role to the commission and to Policy Division’s Assistant Deputy Minister.
- Regulated marketing system
- The Farm Products Marketing Act, the Milk Act and MAFRAA govern the regulated marketing system in Ontario. These acts, and overlapping federal legislation, enables Ontario farmers to market their commodities as a group through a compulsory marketing board system. The legislation outlines the powers and responsibilities of the participants in the regulated marketing system.
- Marketing boards
Marketing boards are corporate bodies established under the Milk Act that represent the interests of producers of a particular regulated product in the marketplace. Marketing boards are generally producer elected, controlled and financed. Authority is delegated through the Milk Act to each board to allow them to regulate the production and/or marketing of their commodities.
List of marketing boards:
- Dairy Farmers of Ontario
- Local boards
Local boards are corporate bodies established under the Farm Products Marketing Act that represent the interests of producers of a particular regulated product in the marketplace. Local boards are generally producer elected, controlled and financed. Authority is delegated through the Farm Products Marketing Act to each board to allow them to regulate the production and/or marketing of their commodities.
List of local boards:
- Asparagus Farmers of Ontario
- Berry Growers of Ontario
- Chicken Farmers of Ontario
- Egg Farmers of Ontario
- Grain Farmers of Ontario
- Grape Growers of Ontario
- Ontario Apple Growers
- Ontario Bean Growers
- Ontario Broiler Hatching Egg and Chick Commission
- Ontario Flue-Cured Tobacco Growers’ Marketing Board
- Ontario Fresh Grape Growers’ Marketing Board
- Ontario Greenhouse Vegetable Growers
- Ontario Pork
- Ontario Potato Board
- Ontario Processing Vegetable Growers
- Ontario Sheep Farmers
- Ontario Tender Fruit Growers
- Ontario Tomato Seedling Growers’ Marketing Board
- Seed Corn Growers of Ontario
- Turkey Farmers of Ontario
- Veal Farmers of Ontario
- Section 12 representative associations
Section 12 of the Farm Products Marketing Act allows Cabinet to designate an existing, incorporated producer association as the representative association for all producers of a specified farm product. The Farm Products Marketing Act authorizes the association to collect a licence fee from those producers. These associations are not involved in the marketing of the commodity, but conduct programs to stimulate, increase and improve the production and/or marketing of the farm product by way of research, promotion and other means.
List of section 12 representative associations:
- Flowers Canada (Ontario) Inc.
- Ontario Canola Growers’ Association
- Ontario Ginseng Growers’ Association
- Additional stakeholders
The following are examples of stakeholders who are referenced in commission-made regulations:
- Ontario Milk Transporters Association are referenced within the Negotiating Agency section of O. Reg. 354/95: Milk and Farm-Separated Cream – Marketing under the Milk Act
- licenced Ontario chicken processors are referenced within the Negotiating Agency section of R.R.O. 1990, Regulation 402 Chickens – Marketing under the Farm Products Marketing Act
- representatives of the Ontario Seed-Corn Companies Association are referenced within the Negotiating Agencies section of R.R.O. 1990, Regulation 427: Seed-Corn – Marketing under the Farm Products Marketing Act
- processors and green shippers are referenced within the Negotiating Agencies section of R.R.O. 1990, Regulation 440: Vegetables for Processing – Marketing under the Farm Products Marketing Act
- processors of soybeans are referenced within the Negotiating Agency for Soybeans section of O. Reg. 485/09: Grain – Marketing under the Farm Products Marketing Act
- processors of grapes are referenced within the Licences and Negotiating Agencies sections of R.R.O. 1990, Regulation 414: Grapes for Processing – Marketing under the Farm Products Marketing Act
- The commission’s lines of business
Framework oversight for regulated marketing:
Implementing and administering the provisions of the Farm Products Marketing Act and the Milk Act, enabling the regulated marketing system in consultation with the minister, the ministry and stakeholders.
Regulatory compliance:
Supervising Ontario’s boards and associations, to whom power and authority is delegated under the legislation and ensuring that the lines of accountability are maintained.
Guidance, facilitation and dispute resolution:
Providing formal or informal guidance pertaining to a regulated sector conflict or disputes through facilitation or direction.
- Board/association attestation process
- An annual self-assessment tool developed to help initiate and support healthy relationships and open dialogue between the commission and the boards and associations it oversees, empowering them to self-monitor and evaluate their own compliance with Farm Products Marketing Act or Milk Act regulations.
- Industry advisory committees (IACs)
IACs are sector-specific committees established through the respective commodity’s marketing regulation. These committees typically consist of a chair who is a commission member and are supported by secretariat staff.
List of IACs:
- Asparagus Industry Advisory Committee
- Fresh Asparagus Industry Advisory Committee
- Bean Industry Advisory Committee
- Berry Industry Advisory Committee
- Broiler Hatching Egg and Chick Industry Advisory Committee
- Chicken Industry Advisory Committee
- Dairy Industry Advisory Committee – Milk
- Dairy Industry Advisory Committee – Transportation of Milk
- Dairy Industry Advisory Committee – Processors
- Eggs Industry Advisory Committee
- Fresh Apple Industry Advisory Committee
- Juice Apple Industry Advisory Committee
- Fresh Grapes Industry Advisory Committee
- Grain Industry Advisory Committee
- Grapes for Processing Industry Advisory Committee
- Greenhouse Vegetable Industry Advisory Committee
- Hog Industry Advisory Committee
- Sheep Industry Advisory Committee
- Tender Fruit Industry Advisory Committee
- Turkey Industry Advisory Committee
- Veal Industry Advisory Committee
- Vegetables for Processing Industry Advisory Committee