The parties to the Memorandum of Understanding agree to the following:

Introduction

Purpose of memorandum of understanding

  • the purpose of this memorandum of understanding (MOU) is to:
    • set out the accountability relationships between the Minister and the Chair of the Advertising Review Board,
    • clarify the roles and responsibilities of the Minister, the Chair, the Deputy Minister and the Managing Director of the Advertising Review Board, and
    • set out the expectations for the operational, administrative, financial, auditing, accountability and reporting arrangements of the parties.
  • this MOU and the Management Board of Cabinet Act (including the Directives under that Act giving the Board its mandate) should be used in conjunction to determine how the Board should govern itself. This MOU does not affect, modify, limit or interfere with the responsibilities of any of the parties under law. In the event of any conflict between this MOU and any law, the law prevails.

Parties

The parties to this MOU are the Advertising Review Board and the Minister of Government and Consumer Services.

Definitions

In this MOU,

“Board”
refers to the Advertising Review Board
“Chair”
refers to the Chair of the Board
“Government”
refers to the Government of Ontario
“Management Board of Cabinet (MBC)”
refers to the Treasury Board and/or Management Board of Cabinet
“Members”
refers to the Members of the Board
“Ministry”
refers to the Ministry of Government and Consumer Services
“Minister”
refers to the Minister of Government and Consumer Services
“Deputy Minister”
refers to the Deputy Minister of Government and Consumer Services
“Managing Director”
refers to the Managing Director of the Board

Board’s classification, authority and mandate

  • the Board is prescribed as a public body and a Commission public body under the Public Service of Ontario Act, 2006, and classified as a regulatory agency under the MBC Agencies and Appointments Directive. The Board has operational autonomy from the government
  • the Board is an administrative entity of the Crown. While the Board does not have separate legal personality for civil, private law purposes that would be required for it to be a Crown agency in law, the Board has its own legal personality for certain administrative, public law purposes. The Board may be referred to as a Crown agency when that term is used to distinguish between ministries and other administrative entities of the Crown
  • the authority and mandate of the Board is set out in the MBC Procurement Directive on Advertising, Public and Media Relations, and Creative Communications Services and the Advertising Content Directive
  • the mandate of the Board is to:
    • function as the government’s primary contact with the advertising, public and media relations, and creative communications firms
    • establish all mandatory, corporate Vendor of Record (VOR) arrangements for advertising, public and media relations, and creative communication services through an open, competitive process
    • conduct all competitive and non-competitive procurements --including second-stage selection from Vendor of Record arrangements -- with an estimated contract value of $100,000 or more
    • conduct, when requested by a ministry or agency, competitive and non-competitive procurements -- including second-stage selection from Vendor of Record arrangements -- with an estimated contract value of less than $100,000
    • provide ministries with assistance and advice on the acquisition of advertising, public and media relations, and creative communications services
    • to monitor and report on compliance with relevant government policies and MBC Directives

Duration of agreement

  • this MOU becomes effective on the date of its signature by the parties and continues in effect until it is revoked or a new MOU is signed by the parties
  • upon a change in the Minister or Chair, both parties must either sign a letter of affirmation that is attached to the MOU or sign a new MOU within six (6) months of the change; or alternatively, they may agree to revise it and sign a new MOU within six (6) months of the change
  • a copy of the letter of affirmation, or a new MOU between the Minister and Chair must be provided to the Secretary, Treasury Board/Management Board of Cabinet within six (6) months of the new party or parties’ commencement

Processes for review and amendment

  • at a minimum, this MOU will be reviewed at least once every five (5) years to ensure it is current and consistent with government expectations.
  • this MOU will be reviewed:
    • at the written request of any of the parties to it
    • if a new Minister or a new Chair is appointed
    • if the authority of the Board is significantly amended
  • if the parties deem it expedient to amend this MOU, they may do so only in writing or by noting such amendment(s) directly on this MOU and initialing the amendment(s). Any amendment shall only be effective after approval by the parties

Guiding principles

The parties agree that they will adhere to the following principles in their relationship:

  • the Minister recognizes that the Board is an entity that exercises powers and performs duties in accordance with its mandate under the MBC Procurement Directive on Advertising, Public and Media Relations, and Creative Communications Services and the Advertising Content Directive. The Board’s decisions must be made and be seen to be made independently and impartially
  • the Minister recognizes the Board’s operational autonomy
  • the Board acknowledges that it is accountable to the Government in exercising its mandate. Accountability is a fundamental principle to be observed in the management, administration and operations of the Board
  • as an agency of the Government, the Board conducts itself according to the management principles of the Government. These principles include ethical behaviour, accountability, excellence in management, prudent, efficient, and lawful use of public resources, high-quality service, fairness in the marketplace and openness and transparency to the extent allowed under the law
  • the Ministry will provide the Board with support or services that, at the determination of the Deputy Minister, will be of the same quality and standard as provided to the Ministry’s own divisions and branches
  • the Board and the Ministry must avoid duplication of services

Consultation and communication

The parties recognize that the timely exchange of information and consultation is essential to success in discharging their respective responsibilities:

  • for the Minister to meet his responsibilities for reporting and responding to the Legislative Assembly on the affairs of the Board
  • for the Chair to be kept informed of the government initiatives and broad policy directions that may affect the agency’s mandate and functions

Such exchange and consultation must respect and be limited by the independence of the Board in the exercise of its function.
The parties therefore agree that:

  • the Chair will keep the Minister advised, in a timely manner, of all planned events and issues that concern or can be reasonably expected to concern the Minister in the exercise of his responsibilities
  • the Ministry will use its best efforts to ensure that the Chair and Managing Director are consulted on initiatives proposed to amend the directives that govern the Board’s mandate or operations or which otherwise have significant impact on the Board as appropriate. The Ministry will also use its best efforts to consult the Board on any review of the Board’s mandate or assessment of the continuing need for its services
  • the Chair will consult with the Minister and/or Deputy Minister or the Deputy Minister’s delegate on public communications strategies and publications related to the Board and the results of stakeholder and other public consultations and discussions
  • the Chair will meet with the Minister and/or Deputy Minister or the Deputy Minister’s delegate at least annually or as requested by either party, to discuss issues relating to the delivery of the Board’s mandate
  • the parties will use the Communications Protocol set out in Schedule 3 to this MOU for ongoing issues management

Roles and responsibilities

The Minister

The Minister is accountable to Cabinet and to the Legislature for the Board’s fulfillment of its mandate.
The Minister is responsible for:

  • recommending to MBC and Cabinet any change to the Board’s mandate that needs corresponding change to the Board’s enabling directive
  • recommending to MBC and Cabinet the powers to be given to the Board when a change in the Board’s mandate is being proposed
  • reporting and responding to Cabinet and the Legislative Assembly on the affairs of the Board
  • attesting, reporting and responding to MBC and Cabinet on the Board’s performance and compliance with the Government’s applicable directives, including the Agencies and Appointments Directive, operational policies and broad policy directions
  • receiving the Board’s annual report referred to in Schedule 1 of this MOU
  • when appropriate or necessary, taking action or directing/recommending that corrective action be taken in respect of the Board’s mandate or operations
  • informing the Chair of the Government’s priorities and broad policy directions that may affect the Board
  • consulting, as appropriate, with the Chair and others on significant new directions and/or when the Government is considering regulatory or legislative changes affecting the Board
  • reviewing and approving the agency’s annual business plan
  • reviewing, approving and presenting the estimates and the recommended annual allocation for the Board to MBC as part of the Ministry’s business plan
  • recommending to MBC the provincial funding to be given to the Board
  • determining at any time the need for a review or audit of the agency and recommending to MBC any changes to the governance or administration of the agency resulting from any such review or audit
  • directing the Chair to undertake periodic reviews of the Board and making subsequent recommendations to MBC
  • evaluating the performance of the Chair
  • making appointments and reappointments to the Board, after consultation with the Chair
  • developing the MOU with the Chair and signing it into effect after it has been signed by the Chair

The Chair

While recognizing the impartiality and independence of the Board, the Chair is accountable to the Minister for the performance of the Board in fulfilling its mandate and for carrying out the roles and responsibilities assigned to the Chair by MBC Directives and this MOU.

The Chair is also accountable for reporting to the Minister, as requested, on the agency’s activities and for ensuring timely communications with the Minister regarding any issue that affects, or can reasonably be expected to affect, the Minister’s responsibilities for the agency.

Having consideration for the impartiality and independence of the Board, the Chair is responsible for:

  • providing leadership to the agency
  • setting out the goals, objectives and strategic directions for the Board so that it can fulfill its mandate, as defined by the MBC Procurement Directive on Advertising, Public and Media Relations, and Creative Communications Services and the Advertising Content Directive and the approved Annual Business Plan as set out in Schedule 1 of this MOU, and taking any necessary action
  • ensuring that the Board carries out the responsibilities assigned to the Board or its Chair under the MBC Procurement Directive on Advertising, Public and Media Relations, and Creative Communications Services and the Advertising Content Directive
  • ensuring that the Board provides a high quality of service in carrying out its responsibilities
  • ensuring that the Board complies with the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31;
  • the training, orientation and evaluation of the Board Members and staff as appropriate
  • keeping the Minister and Deputy Minister advised of issues or events that concern or can reasonably be expected to concern them in the exercise of their responsibilities and ensuring that matters relating to the Board which are of importance to the Ministry are brought to the attention of the Minister and the Deputy Minister in a timely fashion
  • reporting to the Minister as requested on the agency’s activities within agreed upon timelines, including an annual letter confirming the agency’s compliance with all applicable legislation, directives, and accounting and financial policies
  • consulting with the 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 mandate, powers or responsibilities
  • reviewing, approving and recommending all formal documents related to the fulfillment of the Board’s mandate, including all those set out in Schedule 1, and submitting them to the Minister and/or Deputy Minister for review and/or approval
  • ensuring the annual report is submitted to the Minister in a timely manner
  • ensuring that public funds are used with integrity and honesty and ensuring that the Board operates within the approved funding in the fulfillment of its mandate
  • ensuring Board compliance with applicable MBC Directives and Guidelines, and Ministry policies including those concerning human resources, protection of information and privacy and workplace harassment
  • relying upon established quality assurance reporting, ensure a process is in place for responding to and resolving complaints from the public and clients/customers
  • fulfilling the role of ethics executive for public servants who are government appointees to the Board, promoting ethical conduct and ensuring that all members of the Board comply with the applicable requirements of the Public Service of Ontario Act, 2006 and the regulations and directives made under the Act, including in respect of conflict of interest and political activity
  • ensuring the appropriate processes, management, staffing and administrative systems (i.e. procurement, contract management/reporting, financial, IT, human resources) are in place for the effective and accountable operations of the agency
  • consulting with the Deputy Minister in the evaluation of the performance of the Managing Director;
  • where applicable, evaluating the performance of Members
  • monitoring the performance of the Board
  • reporting to the Minister as requested on the Board’s activities within agreed upon timelines
  • developing and maintaining, in consultation with the Ministry, performance measures and targets for the Board;
  • cooperating with any periodic review directed by the Minister or MBC
  • directing that corrective action relating to the operations of the agency be taken, if needed
  • providing both the Minister and Minister of Finance (or Treasury Board Secretariat)with a copy of every audit report initiated by the Chair, a copy of the agency’s response to each report, and any recommendations in the report
  • advising the Minister annually on any outstanding audit recommendations
  • recommending policy to the Government and seeking policy direction from the Government as it relates to the Board
  • developing the MOU with the Minister and signing it on behalf of the Board
  • carrying out such responsibilities as may be properly delegated to him or her by the Minister and/or Deputy Minister

The Deputy Minister

The Deputy Minister is accountable to the Secretary of Cabinet and the Minister for the performance of the Ministry in providing administrative and organizational support to the Board and for carrying out the roles and responsibilities assigned by the Minister, by this MOU and by applicable MBC, Public Service Commission and Government Directives.

The Deputy Minister is responsible for:

  • advising the Minister regarding the Minister’s responsibilities for the Board including on the requirements of MBC Directives that may affect the Board
  • attesting to MBC as required to the Board’s compliance with the mandatory accountability requirements in the Agencies and Appointments Directive and other applicable TB/MBC directives, the government’s operational policies and policy directions based on the annual letter of compliance from the agency Chair to the Minister
  • advising the Minister on any needed change to the Board’s mandate and the operation of the Board
  • establishing a framework for reviewing and assessing the Board’s business plan and other reports set out in Schedule 1, to advise the Minister on the Board’s documents submitted to the Minister for review and/or approval
  • submitting to the Minister, as part of the annual planning process, a risk assessment and management plan
  • providing advice to the Minister respecting documents submitted to the Minister for review and/or approval and on performance targets, measures and results of the Board
  • recommending to the Minister, as may be necessary, the evaluation or review, including a risk-based review, of the Board or any of its programs, operations or management framework
  • ensuring the Board has an appropriate risk management framework and risk management plan
  • undertaking reviews as directed by the Minister
  • co-operating with any periodic review directed by the Minister or MBC
  • monitoring the Board on behalf of the Minister while respecting the Board’s impartial and independent authority, and where warranted to identify needs for corrective action and recommend to the Minister ways of resolving issues
  • facilitating briefings and consultations between the Board and Ministry as appropriate
  • consulting with the Board’s Chair, as needed, on matters of mutual importance including any services provided by the Ministry and on MBC Directives and Ministry policies
  • informing the Chair, in writing, of new government directives and policies and any exceptions or exemptions from those directives and policies
  • meeting with the Chair as needed or directed by the Minister
  • arranging for administrative, financial and other support to the Board as specified in Schedule 2
  • fulfilling the role of ethics executive for public servants, other than government appointees, who work for the Board (i.e., employees) in accordance with the Public Service of Ontario Act, 2006
  • carrying out and/or sub-delegating the human resource functions in respect of staff at the Board that have been delegated to the Deputy Minister by the Public Service Commission in accordance with the Public Service of Ontario Act, 2006 and any delegation instrument made under it
  • consulting with the Chair on the performance evaluation of the Managing Director
  • negotiating a draft MOU with the Chair as directed by the Minister
  • when required, submitting a report to the Secretary of TB/MBC on the wind-down of the Board, disposition of any assets, completion of any outstanding responsibilities by the agency, and the termination of any appointments

The Deputy Minister may, subject to applicable law and government directives, delegate or otherwise assign any of the duties listed above to one or more employees of the Ministry.

The Managing Director

The Managing Director is accountable to the Chair for the management of the agency’s operations and staff and is responsible for:

With respect to the Chair:

  • supporting the Chair in meeting his/her responsibilities
  • carrying out in-year monitoring of the Board’s operational performance and reporting on it to the Chair
  • advising the Chair on the Board’s compliance with the Agencies and Appointments Directive, other MBC Directives and applicable government policies and procedures, including annually attesting to the Chair on the agency’s compliance with mandatory requirements
  • keeping the Chair informed on operational matters and on issues or events that may concern the Chair in the exercise of his or her responsibilities
  • preparing annually the Board’s business plan, for review by the Chair prior to its submission to the Ministry
  • assisting in the preparation of the Board’s annual report, as directed by the Chair and ensuring that financial statements are prepared as part of the annual report for public release and posting on the agency’s website after submission to the Minister

With respect to the Board generally:

  • managing the day-to-day operations of the Board in accordance with the mandate of the agency and applicable MBC Directives and/or accepted business and financial practices
  • carrying out the human resource functions in respect of staff at the Board that have been delegated to the Managing Director in accordance with the Public Service of Ontario Act, 2006 and any delegation instrument made under it
  • applying policies so that public funds are used with honesty and integrity
  • providing leadership and management to the agency staff, including financial resources management
  • establishing and applying a financial management framework in accordance with applicable government controllership directives, policies and guidelines
  • establishing systems so that the Board operates within its approved business plan
  • translating the goals, objectives and strategic directions of the Board into operational plans and activities in accordance with the agency’s approved business plan
  • ensuring the agency has an appropriate risk management framework and risk management plan in place and undertaking timely risk-based reviews of the agency’s management and operations
  • seeking advice and support from the Ministry, as appropriate, on day-to-day management issues
  • consulting, as needed, with the Ministry’s Assistant Deputy Minister, Corporate Services Division, on matters of mutual importance, including on any services provided by the Ministry, on Ministry policies and on MBC Directives;
  • co-operating with any periodic review directed by the Minister or MBC
  • establishing a formal system for the creation, collection, retention and disposal of Board documents and for making  such documents publicly available, when appropriate all in accordance with the Freedom of Information and Protection of Privacy Act and the Archives and Recordkeeping Act
  • preparing financial reports, for approval by the Chair, as directed by the Ministry
  • developing and implementing a performance management system for Board staff in coordination with the Ministry and as per the Ministry, Public Service Commission and MBC directives and policies
  • keeping the Ministry’s Assistant Deputy Minister, Corporate Services Division, informed on operational matters and on issues or events that may concern the Minister or the Deputy Minister in the exercise of their responsibilities
  • approving claims for per diems and expenses of Members

Reporting requirements

Business plan

  • The Chair shall ensure that the Annual Business Plan, including a financial budget and risk management plan, and all performance measurement reports and documents set out in Schedule 1 of this MOU are prepared and submitted to the Minister and/or Deputy Minister as required in Schedule 1
  • The annual business plan is to be submitted to the Ministry’s Chief Administrative Officer or designated equivalent no later than three (3) months prior to the agency’s fiscal year-end
  • The Chair is responsible for ensuring that the agency’s annual business plan meets the requirements of the Agencies and Appointments Directive and 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 target results and time frames
  • 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 provincial agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the provincial agency
  • The Minister will review the Annual Business Plan and other documents prepared and submitted by the Chair in accordance with Schedule 1 and will advise the Board in a timely fashion whether or not he or she concurs with the directions proposed by the Board. The Minister will advise the Board where and in what manner the Board’s plans are at variance with Government or Ministry policy or priorities, and the Board will revise its plans accordingly
  • The Ministry will furnish the Board with the Ministry’s business and strategic plans and information materials

Annual report

  • The Chair will furnish the Ministry with the Board’s annual report no later than 90 days after the end of the Board’s fiscal year
  • The Chair will ensure that any annual 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 provincial agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the provincial agency. The Minister will receive, review and approve the agency’s annual report
  • The Board will ensure that its annual report is publicly posted in an accessible format, in both official languages, on the Ministry website within 30 days of approval by the Minister
  • The Chair will provide to the Minister annual financial statements and will include them as part of the Board’s annual report. The statements will be provided in a format that is in accordance with the province’s stated accounting policies issued by the Office of the Provincial Controller
  • At the request of the Minister or Deputy Minister, the Chair is responsible for supplying specific data and other information that may be required from time to time for the purpose of ministry administration
  • MBC may require the Minister to submit the agency’s business plan to it for review at any time

Public posting requirements

  • the provincial agency, through the Chair, will ensure that the following approved governance documents are posted in an accessible format, in both official languages, on the Ministry website within the specified timelines:
    • Memorandum of understanding: 30 days of signing by both parties
    • Annual business plan: 30 days of Minister’s approval
    • Annual report: 30 days of Minister’s approval
  • 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 provincial agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the provincial agency
  • the provincial agency, 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
  • the provincial agency, through the Chair, will ensure that any other applicable public posting requirements are met

Client services

  • the Chair will ensure that the agency delivers its services at a quality standard that reflects the principles and requirements of the OPS Service Directive
  • the Board has in place a formal process, consistent with the Government’s service quality standards, for responding to complaints by its clients about the quality of service received
  • the Board’s business plan will include performance measures and targets for client service and the Board’s response to complaints
  • the Board’s process for responding to complaints about quality of service is not to limit an individual’s rights under the Ombudsman Act, R.S.O. 1990, c. O.6

Administrative support

  • the Ministry will provide the Board with the administrative support services listed in Schedule 2 of this MOU either directly or through service agreements with the Ontario Shared Services, the Internal Audit cluster, and the Information Technology cluster or others subject to the approval of the Deputy Minister, which shall be at the sole determination of the Deputy Minister, and which shall not be arbitrarily withheld
  • the Ministry will negotiate for administrative services to be provided to the Board through the Ontario Shared Services or others subject to the approval of the Deputy Minister
  • the Ministry and the Board will execute a Service Agreement to ensure the timely and effective provision of the administrative support services to be provided to the Board by the Ministry pursuant to this MOU
  • the Service Agreement will include the processes and standards to be applied to the administrative and support services provided by the Ministry to the Board
  • the Service Agreement may be reviewed at any time upon the request of the Minister, the Deputy Minister or the Chair
  • when Ministry policies concerning human resources, protection of information and privacy and workplace harassment change, the Ministry shall advise the Board immediately
  • the Board shall ensure the effective and efficient management of the operations of the Board, including the maintenance of an effective information management system
  • the Board shall be subject to all requirements under the Freedom of Information and Protection of Privacy Act R.S.O. 1990, c.F.31 (FIPPA) and shall respond to access requests and privacy investigations directed to it by the Ministry’s Freedom of Information Office. The Minister is the institution head for the purposes of FIPPA. The Ministry and the Board shall work cooperatively in complying with the statutory obligations under FIPPA
  • the Board shall ensure that services are provided in French in accordance with the French Language Services Act, R.S.O. 1990, c.F.32.Interpretation and application of that Act and established guidelines shall be implemented with the assistance of the Ministry’s French Language Services Coordinator
  • any travel by Board members or employees shall be approved in accordance with the rules set out in the Travel, Meals and Hospitality Expenses Directive

Financial arrangements

  • the Board shall be funded out of the Consolidated Revenue Fund pursuant to an appropriation authorized by the Legislature
  • financial arrangements are subject to amendment by such policy directives as MBC may issue
  • financial procedures must be in accordance with MBC Directives and Guidelines, and other directives of the Ministry or Government
  • the Board is responsible for the maintenance of documentation and information to support expenditures as required by the Accounting Policy of the Ministry
  • the Board shall prepare estimates of its expenditures for inclusion in the Ministry’s business planning process i.e. Program Review, Renewal & Transformation (PRRT). The Board will deliver these estimates to the Minister and Deputy Minister in sufficient time to be analyzed and approved by the Minister and Deputy Minister. These estimates provided by the Board may be altered by the Ministry as required after consultation with the Chair
  • the Board shall ensure that the Board operates within its allocated budget in the fulfillment of its mandate.
  • when ordered to do so by the Minister of Finance or the President of the Treasury Board pursuant to the Financial Administration Act, the agency shall pay into the Consolidated Revenue Fund any money that the Minister of Finance or President of the Treasury Board determines is surplus to its requirements
  • pursuant to Section 28 of the Financial Administration Act, the agency shall not enter into any financial arrangement or commitment, guarantee, indemnity or similar transaction that may increase, directly or indirectly, the indebtedness or contingent liabilities of the Government of Ontario without the written approval of the Minister of Finance. The Minister’s approval is required before seeking statutory approval from the Minister of Finance
  • the Board is responsible for paying the Harmonized Sales Tax (HST) where applicable, in accordance with the federal Excise Tax Act. The Board recovers HST paid to suppliers through a centrally administered account maintained by the Office of the Provincial Controller

Audit arrangements

  • the Board 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. The auditors may review the records of the Board at any time
  • the Minister may direct that the Board be audited at any time
  • the results of any audit conducted by Ministry or Government staff will be shared with the Chair. The Chair will be accorded an opportunity to enter his or her comments into the audit record
  • the Chair may request an external audit of the financial transactions or management controls of the Board at the Board’s expense, the results of which are to be provided to the Minister forthwith
  • the Board will promptly provide a copy of every report from an audit initiated by the Chair to the Minister and the Minister of Finance. The Board will provide the Minister, Deputy Minister and Assistant Deputy Minister, Corporate Services Division with a copy of its response to any audit report and any recommendations therein, and it will advise the Minister annually on any outstanding audit recommendationst

Other reviews

  • a mandate review of the provincial agency will be conducted at least once every seven (7) years
  • the Board may periodically undergo a thorough review initiated at the discretion of either MBC or the Minister
  • MBC or the Minister may direct that such a review include but not be limited to the following:
    • human resources and human resources systems
    • agency mandate
    • aims and objectives
    • performance measurement systems
    • impact on clients, stakeholders and/or public
    • organizational structure
    • management systems
    • information systems
    • reporting and reports
    • corporate plan and planning
    • budgeting and financial systems
  • the results of the periodic review may include options for mandate changes, consolidation, privatization and termination. The review will be submitted for further action and decision to MBC and the Minister.
  • the Minister will consult the Chair as appropriate during any such review.
  • the Chair will cooperate in any review.

Administrative arrangements

  • The Chair will develop procedures and will operate the Board in accordance with all administrative policies established and specified in all MBC or Treasury Board or Public Service Commission Directives, Policies or Guidelines, or any amendments to those Directives or Guidelines or new Directives or Guidelines which come into effect after the date this MOU is executed.These Directives, Policies and Guidelines include, but are not limited to the following:
    • Agencies and Appointments Directive
    • Accountability Directive
    • Advertising Content Directive
    • Procurement Directive
    • Travel, Meal & Hospitality Expenses Directive
    • Procurement Directive on Advertising, Public and Media Relations and Creative Communications Services
      • Information and Information Technology Directive
      • Visual Identity Directive
      • Perquisites Directive
    • Human Resource Management Directive
    • Human Resource Management Delegation of Authority Directive
    • Employment Policy
  • the Board may, in accordance with the Government’s and the Ministry’s policy, engage persons to provide professional, technical or other assistance to or on behalf of the Board, and may provide payment or remuneration and expense of such persons. Any such procurement of services is to be in accordance with the Procurement Directive, including, but not limited to the provisions applicable to the procurement of consulting services, and the payment of any such consultant’s expenses are to be in accordance with the Travel, Meal and Hospitality Expenses Directive
  • the Chair will, at the request of the Minister or the Deputy Minister, supply, in a timely fashion, specific data and other information which may be required from time to time for the purposes of Ministry administration
  • the Ministry will inform the agency of amendments or additions to directives, policies and guidelines that apply to the agency
  • records management
    • the Chair is responsible for ensuring that a system is in place for the creation, collection, maintenance and disposal of records
  • the Chair is responsible for ensuring that the agency complies with the TB/MBC Management of Recorded Information Directive
    • the Chair is responsible for ensuring that the agency complies with the Archives and Recordkeeping Act, 2006, S.O. 2006, Chapter 34, Schedule A
  • legal services
    • legal services to the Board will be provided or approved by the Ministry of the Attorney General in accordance with its Corporate Operating Policy on Acquiring and Using Legal Services
    • legal work must be done by government legal counsel or, in certain specific cases, the Board may request outside legal assistance when it requires expertise which is unavailable within the Ministry of the Attorney General or when the use of a law officer of the Crown would result in any conflict of interest
    • the Ministry of the Attorney General must approve the retaining of outside legal counsel by the Board

Staffing and appointments

  • the Board’s staff is appointed under Part III of the Public Service of Ontario Act, 2006 and is eligible for all those rights and benefits accorded by that Act, and any applicable collective agreements
  • the Board in its dealings with staff appointed under Part III of the Public Service of Ontario Act, 2006 is subject to all applicable MBC Directives and Guidelines
  • the Board is also governed by:
    • the applicable directives and policies of the Public Service Commission
    • the human resources policies of MBC,including the MBC’s policy on workplace harassment
    • the current finance and administration policies and procedures of MBC
    • applicable collective agreement provisions
    • any other applicable legislation or regulations
  • where the Public Service Commission has delegated its powers, duties and functions in relation to HR management to the Deputy Minister and Managing Director , those persons are accountable for exercising that authority in compliance with any relevant legislation, directives or policies in accordance with the mandate of the Board and within the parameters of the delegated authority
  • the Chair shall be appointed, in writing, by the Minister of Government and Consumer Services and designated as Chair of the Advertising Review Board
  • the Members of the Board shall also be appointed, in writing, by the Minister of Government and Consumer Services

Liability protection and insurance

The agency is covered under the Government of Ontario General & Road Liability Protection Program covering third party liability where bodily or personal injury, death, or property damage including loss of use thereof is caused.

Signatures

Hon. Tracy MacCharles, Minister of Government and Consumer Services

Robert Pattillo, Chair, Advertising Review Board Services

Schedule 1: Reporting requirements

Performance measures plan

The performance measures plan provides a system of performance measures, including commitments to attaining specific administrative and operational performance goals through specific steps within specified time frames.The Board’s Performance Plan will include information concerning:

  • activity or transactional measures (e.g., number of second stage competitive processes by threshold amount)
  • efficiency measures (e.g., time to schedule a second stage competitive process, time to complete second stage processes from receipt of client ministry’s request)
  • outcome measures (e.g., number and size of contract awards by VOR agency)

The Board’s Performance Measures Plan is to be reviewed periodically, or at the request of either party, to identify any necessary changes.

Having regard for the independence and impartiality of the Board, any revisions to the Performance Measures Plan are to be:

  • prepared in consultation with the Assistant Deputy Minister, Corporate Services Division or his/her delegate; and,
  • submitted to the Minister for approval and copied to the Deputy Minister and Assistant  Deputy Minister, Corporate Services Division

Business plan

The business plan outlines the objectives and results that the Board expects to achieve in the coming year.
The business plan is for a 3-year period or longer, is prepared each year, and must contain:

  • a detailed description of the mandate
  • the proposed budget for a 3-year period
  • the number of employees, expressed as full-time equivalents who are assigned as staff at the beginning of the 3-year period
  • the annual performance targets for the 3-year period
  • the performance measures to be used to evaluate effectiveness and efficiency
  • performance measures and targets for client service and the Board’s response to complaints
  • strategic directions (including the Board’s vision and multi-year plan to achieve it)
  • overview of the Board’s current and forthcoming programs/activities
  • resources needed to meet goals and objectives
  • assessment of the issues facing the Board
  • risk assessment in accordance with the AAD and the management plans to address them
  • proposed operating expenditures
  • initiatives involving third parties
  • any other legislatively required content

The business plan must be:

  • shown to advance Government, Ministry and Board priorities and policies
  • prepared concurrently with the Ministry’s business planning and allocation process
  • submitted as requested, to the Minister for approval and copied to the Deputy Minister and the Assistant Deputy Minister, Corporate Services Division
  • posted on a government website in both official languages, within 30 days of approval by the Minister

Annual report

The annual report is a snapshot of the Board’s activities and accomplishments for the preceding year.
The annual report shall contain:

  • a report on the Board’s activities, including recruitment activities, during the preceding fiscal year
  • a financial statement for the Board for the preceding fiscal year
  • a discussion of performance targets achieved/not achieved based on the performance targets outlined in the Performance Measures Plan
  • analysis of the Board’s operational performance
  • analysis of the Board’s financial performance
  • names of appointees including when each was first appointed and when the current term of appointment expires
  • financial statements that have been audited or subject to another appropriate level of external assurance
  • any legislatively required content

The annual report must be:

  • consistent with the approved business plan
  • submitted by the Board to the Minister, Deputy Minister, and the Assistant Deputy Minister, Corporate Services Division within 90 days of fiscal year-end and shall be posted on a government website

Financial reports

Financial reports provide detailed up-to-date expenditures and projected expenditures.

Financial reports shall be:

  • prepared as required by the Ministry’s internal financial reporting requirements
  • submitted, in a timely manner, to the Assistant Deputy Minister, Corporate Services Division for review

Risk assessment and reporting

Submitting to the Ministry, the agency’s Risk Assessment Plan and its mitigating strategies as may be directed by the Minister

Other

Other reports as the Minister or Deputy Minister may from time to time require.

Schedule 2: Administrative support services

The Ministry shall provide the following administrative support services to the Board either directly or through service agreements with the Ontario Shared Services, the Ontario Internal Audit cluster, and the Information Technology cluster or others subject to the approval of the Deputy Minister:

  • financial administration: pay and benefits administration, accounts payable and technical advice, purchasing, central mail and printing services, and records and form advisory services
  • human resources services: classification, advice and consultation regarding recruitment procedures and staff relations, job description writing, counselling regarding career planning and staff development, and advice and consultation regarding corporate initiatives such as Occupational Health and Safety
  • information technology and telecommunications services: advice and consultation
  • internal audit: financial compliance, management, human resources and information systems audits; operational reviews and special investigations as required
  • accommodation planning: including lease renewals
  • Freedom of Information program services: advisory services including coordination of FOI requests
  • french language services: translation, interpretation and advisory services
  • legal services: consultation and review of open competition documents, including the development of master agreements for VOR arrangements; advice and counsel as required
  • communications and marketing: assistance with communications planning; development of communications material

Schedule 3: Communications protocol

Context

In the interests of effective communications messaging and issues management, it is in the joint interest of the Ministry of Government and Consumer Services and its agencies to share advance notice of press conferences, press releases, and media interviews on subjects of mutual interest.

Non-contentious issues

With as much notice as possible, the Advertising Review Board will advise the Ministry’s Communications Branch and the Deputy Minister’s Office via email and/or telephone contact of impending media interviews or requests regarding non-contentious issues.
The Board is to notify the following individuals at the Ministry in such circumstances:

  • Deputy Minister’s Office:   Executive Assistant
  • Assistant Deputy Minister’s Office:  Assistant Deputy Minister, Corporate Services Division
  • Communications Branch:  Director, Assistant Director, Manager, Issues Management and Media Relations

The Communications Branch will advise the Minister’s Office of such requests.
Where the issue relates to a legal matter (e.g. court case), the Assistant Deputy Minister, Corporate Services Division will inform the Legal Services Branch.

Contentious issues

Contentious issues are those that may reasonably be expected to be of concern to the Legislative Assembly or the public or are likely to have direct implications for either the Ministry or the government, or are likely to result in inquiries being directed to the Minister or government. In addition to the notification protocol set out above, for contentious issues, the following additional measures will be taken:

  • the Chair will notify the Ministry’s Assistant Deputy Minister, Corporate Services Division immediately upon becoming aware of the issue and will notify the Deputy Minister’s office simultaneously
  • the Board must obtain the approval of the Minister’s office prior to issuing media responses or news releases that relate to a contentious issue

Follow-up briefing material

Should the initial notification not include an information note or housebook note, the Board will follow-up with one as soon as possible, circulating it to the same distribution list identified above. To the extent possible, any questions the Ministry may have will be channeled back to the Board via the office of the Assistant Deputy Minister, Corporate Services Division.

Ministry support

The Ministry will provide communications and issues management support to the Board if deemed appropriate by both parties. With respect to issues management, this will include providing the Board with information gathered through the Ministry’s daily monitoring of the media and Hansard.

Visual identity

The Board will comply with the MBC Visual Identity Directive and identify itself in all media responses and news releases as an agency of the Government of Ontario.