Business Risk Management Review Committee Terms Of Reference

Table of Contents

  1. Definitions
  2. Mandate of the Business Risk Management Review Committee
  3. Objectives of the Business Risk Management Review Committee
  4. Accountability Relationships
  5. General Membership in the Business Risk Management Review Committee
  6. Specialized Rosters Within the Business Risk Management Review Committee
  7. Conflict of Interest and Ethical Conduct
  8. Roles and Responsibilites of the Chair, Vice-Chair and Other Members of the Business Risk Management Review Committee
  9. Administrative Support for the Business Risk Management Review Committee
  10. Compliance and Conflict
  11. Indemnification

Section 1: Definitions

1.0 For the purposes of this TOR, the following terms will have the following meanings:

"BRMRC" means the Business Risk Management Review Committee;

"Business Day" means any working day, Monday to Friday inclusive, but excluding statutory and other holidays as well as any other day in which the Ministry has elected to be closed for business;

"Chair" means the Chair of the BRMRC;

"Conflict Of Interest" means any circumstance where a member of the BRMRC has private interests that may or may be perceived to be incompatible or in conflict with the member's roles and responsibilities as being a member of the BRMRC and for greater clarity, the rules regarding conflict of interest are set out in the Public Service of Ontario Act and Ontario Regulation 381/07 - Conflict of Interest Rules for Public Servants (Ministry) and Former Public Servants (Ministry);

"Decision-Maker" means the person who has the authority to consider non-binding recommendations from the BRMRC and make a final decision under a Designated Program;

"Deputy Minister" means the Deputy Minister of the Ministry;

"Designated Program" means a program that has been assigned to the BRMRC for hearing Reviews via an order issued pursuant to sections 6.2 or 7 of the Ministry of Agriculture, Food and Rural Affairs Act;

"Directive" means the Agencies & Appointments Directive;

"Freedom of Information and Protection of Privacy Act" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31;

"Guidelines" means any written document setting out the rules in relation to a Designated Program;

"LGIC" means the Lieutenant Governor In Council;

"Minister" means the Minister of Agriculture, Food or Rural Affairs or other such Minister who may be designated from time to time as the responsible Minister in relation to the Ministry of Agriculture, Food and Rural Affairs Act or the Designated Program, as the case may be, in accordance with the Executive Council Act or any other Act of the Legislature that allows another Minister to be designated as the responsible Minister, unless the context indicates otherwise;

"Ministry" means the ministry of the Minister;

"Ministry of Agriculture, Food and Rural Affairs Act" means the Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990, c. M. 16;

"Ministry Liaison" means a staff person from the Ministry's Farm Finance Branch, or successor branch;

"OIC" means Order-in-Council 1460/2018, which continues the BRMRC, as amended;

"Public Service of Ontario Act" means the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Schedule A;

"Requester" means an Applicant to or Participant of a Designated Program that has requested the BRMRC to conduct a Review;

"Review" means a request for review of a decision made under a Designated Program;

"Secretariat" means the person or persons the Deputy Minister has assigned to provide administrative services for the BRMRC;

"TB/MBC" means the Treasury Board/Management Board of Cabinet;

"TOR" means this Terms of Reference; and

"Vice-Chair" means the Vice-Chair of the BRMRC.

Section 2: Mandate of the Business Risk Management Review Committee

2.0 The mandate of the BRMRC is to conduct Reviews in:

  • 2.0.1 An independent and impartial manner;
  • 2.0.2 Make non-binding recommendations to the Decision-Maker;

2.1 It is not the mandate of the BRMRC to:

  • 2.1.1 Consider Reviews, or any part of a Review, based on the merits of the policy underlying the Designated Program;
  • 2.1.2 Make recommendations to the Decision-Maker that would create any type of exception to the eligibility requirements under a Designated Program;
  • 2.1.3 Make recommendations to the Decision-Maker that would alter any provisions set out in an order made pursuant to sections 6.2 or 7 of the Ministry of Agriculture, Food and Rural Affairs Act establishing or continuing a Designated Program or any Guidelines made thereunder; and
  • 2.1.4 Consider any other issue not specifically raised in by the Requester in the Review.

Section 3: Objectives of the Business Risk Management Review Committee

3.1 The objectives of the BRMRC are to:

  • 3.2.1 Provide Requesters with an opportunity to have an independent and impartial Review of their concerns about a decision that was made under a Designated Program; and
  • 3.2.2 Provide the Decision-Maker with clearly articulated non-binding recommendations regarding a Requester's Review.

Section 4: Accountability Relationships

4.1 The Minister is accountable to Cabinet and the Legislature for reporting and responding to the BRMRC's performance and compliance with applicable statutes and regulations as well as administrative directives and operational policies. To this end, the Minister is responsible for:

  • 4.1.1 Reporting and responding to the Legislature on the BRMRC's affairs;
  • 4.1.2 Reporting and responding to Cabinet on the BRMRC's performance and compliance with applicable administrative directives and operational policies;
  • 4.1.3 Recommending to Cabinet, when required, any changes to the mandate and/or powers of the BRMRC as well as the dissolution of the BRMRC, but only after the BRMRC has completed any outstanding Reviews;
  • 4.1.4 Determining at any time the need for a review or audit of the administrative practices of the BRMRC and recommending to Cabinet any changes to the governance or administration of the BRMRC resulting from any such review or audit;
  • 4.1.5 Taking action or directing the BRMRC take corrective action with respect to the BRMRC's administration or operation;
  • 4.1.6 Monitoring the BRMRC to ensure its mandate is being fulfilled and that it complies with all applicable legislation and regulations as well as all other administrative directives and policies, including this TOR;
  • 4.1.7 Appointing or re-appointing a Chair, Vice-Chair(s) and members of the BRMRC, including any specialized roster within the BRMRC, pursuant to the process established by TB/MBC for public sector appointments, according to the qualifications individuals must have to be eligible for appointment; and
  • 4.1.8 Consulting with the Chair (or the Vice-Chair if the Chair is unavailable), as appropriate, when significant new directions for the BRMRC are contemplated or when initiatives are taken that may affect the BRMRC's mandate.

4.2 The Minister may delegate, in writing, to the Deputy Minister or any other employee within the Ministry any matter that falls under this TOR, subject to any limitations, conditions or requirements the Minister may set out in the delegation.

4.3 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 BRMRC. To this end, the Deputy Minister is responsible for:

  • 4.3.1 Advising, supporting and assisting the Minister in meeting assigned ministerial responsibilities with respect to the BRMRC;
  • 4.3.2 Meeting or consulting with the Chair (or Vice-Chair if the Chair is unavailable), as necessary, to discuss matters of mutual importance to the BRMRC and the Ministry, services provided by the Ministry to the BRMRC and the implementation of corporate administrative policies; and
  • 4.3.3 Arranging administrative and other support for the BRMRC as specified in this TOR.

4.4 The Deputy Minister may delegate, in writing, to an Assistant Deputy Minister within the Ministry or any other employee within the Ministry any matter that falls under this TOR, subject to any limitations, conditions or requirements the Minister may set out in the delegation. Any delegation of authority by the Deputy Minister will comply with the Public Service of Ontario Act, the Delegation of Authority Key Directive and all other applicable guidelines, policies and directives.

4.5 The Chair is accountable to the Minister for:

  • 4.5.1 The performance of the BRMRC in fulfilling its mandate and for carrying out the roles and responsibilities assigned to the Chair by the OIC, this TOR and all applicable Government of Ontario directives;
  • 4.5.2 Reporting to the Minister, as requested, on the BRMRC's activities; and
  • 4.5.3 Ensuring timely communications with the Minister regarding any issues that could affect, or can reasonably be expected to affect, the Minister's responsibilities to the BRMRC.

    To this end, the Chair is responsible for the following:
  • 4.5.4 Directing the affairs of the BRMRC to fulfill its mandate, as set out in the OIC;
  • 4.5.5 Directing corrective action relating to the administrative operations of the BRMRC (if needed);
  • 4.5.6 Advising other appointees to the BRMRC about the requirements set out under the OIC, other applicable legislation and regulations as well as all applicable Government of Ontario guidelines, policies and directives, including the Directive;
  • 4.5.7 Ensuring the appropriate record retention systems are in place for the effective administration of the BRMRC;
  • 4.5.8 Ensuring the BRMRC uses public funds prudently and only for the business of the BRMRC based on the principle of value for money and in compliance with all applicable legislation and Government of Ontario directives;
  • 4.5.9 Keeping the Ministry informed of issues or events that may concern the Minister in the exercise of the Minister's responsibilities for the BRMRC;
  • 4.5.10 Making recommendations to the Minister on persons appropriate to fill any vacancies in the BRMRC; and
  • 4.5.11 Cooperating with any periodic review of the BRMRC directed by the Minister or Cabinet.

4.6 The Vice-Chair is accountable to the Chair and the Minister when acting in the place of the Chair.

Section 5: General Membership in the Business Risk Management Review Committee

5.1 The Minister will appoint individuals to be on the BRMRC. Individuals will be appointed via a letter from the Minister.

5.2 The BRMRC will have at least one (1) Chair and one (1) Vice-Chair. The Chair and the Vice-Chair will be selected via a letter from the Minister. In the event a Chair is unable to act as the Chair, the Minister will select a Vice-Chair to act in the Chair's place.

5.3 The term of an appointee to the BRMRC will be for a term of up to three (3) years for the initial appointment that can then be renewed for further terms of up to three years (3) each at the Minister's sole and absolute discretion.

Section 6: Specialized Rosters Within the Business Risk Management Review Committee

6.1 The Minister or the LGIC may, pursuant to an order issued under section 6.2 or 7 of the Ministry of Agriculture, Food and Rural Affairs Act, establish a special roster to conduct Reviews under a Designated Program.

6.2 The order establishing or continuing a Designated Program requiring a special roster be formed within the BRMRC to conduct Reviews under a Designated Program will set out any special requirements individuals must have before being eligible to be appointed to the special roster.

6.3 The Minister will appoint individuals to be on a specialized roster of the BRMRC. Individuals will be appointed via a letter from the Minister.

6.4 The Minister will not appoint an individual to be on a special roster of the BRMRC if the individual does not meet all the special requirements set out in the order establishing or continuing the Designated Program.

6.5 Any special roster established within the BRMRC will have at least one (1) Vice-Chair appointed to that roster. The specialized roster will also have enough individuals appointed to allow for any quorum requirements set out in the order establishing or continuing the Designated Program.

6.6 The term of an appointee to a special roster within the BRMRC will be for a term of up to three (3) years for the initial appointment that can then be renewed for further terms of up to three years (3) each at the Minister's sole and absolute discretion.

6.7 A member appointed to the BRMRC may also be cross-appointed to a special roster, provided the member meets whatever special requirements a person must meet to be eligible to be appointed to a special roster set out in the order establishing or continuing the Designated Program.

6.8 A member appointed to a special roster within the BRMRC may be appointed to the BRMRC as well.

Section 7: Conflict of Interest and Ethical Conduct

7.1 All appointees to the BRMRC, including those appointed to a special roster within the BRMRC, are required to conduct their activities within the requirements set out under the Public Service of Ontario Act, as well as any Government of Ontario directives and guidelines, including the Government of Ontario's directives governing conflict of interest.

7.2 The Chair is responsible for ensuring appointees to the BRMRC, including those appointed to a specialized roster within the BRMRC, as well as any Ministry staff assigned to work for the BRMRC, are informed of the conflict of interest rules on political activities governing the BRMRC.

7.3 The Chair is the Ethics Executive for the BRMRC under the Public Service of Ontario Act.

Section 8: Roles and Responsibilites of the Chair, Vice-Chair and Other Members of the Business Risk Management Review Committee

8.1 The Chair's roles and responsibilities are as follows:

  • 8.1.1 Responding to any questions a Requester may raise with respect to the Review process;
  • 8.1.2 Creating panels of members to hear Reviews;
  • 8.1.3 Deciding whether the BRMRC should reconsider a previous Review in which the BRMRC has already provided its non-binding decision to the Decision-Maker;
  • 8.1.4 Ensuring the BRMRC's business is conducted in an impartial, independent and efficient manner;
  • 8.1.5 Raising any BRMRC concerns with the Ministry Liaison;
  • 8.1.6 Raising any BRMRC concerns regarding the AgriStability Program with the BRMRC Liaison to be considered by the National Program Advisory Committee (where appropriate/necessary);
  • 8.1.7 Attending Ontario Agricultural Commodity Council meetings and providing reports on the results of Reviews held by the BRMRC; and
  • 8.1.8 Meeting all requirements set out under section 8.3 of this TOR, except section 8.3.4 - in this situation, the Chair will declare any Conflict of Interest to the Ethics Executive established under the Public Service of Ontario Act.

8.2 The roles and responsibilities of the Vice-Chair are as follows:

  • 8.2.1 Undertaking the roles and responsibilities assigned to the Chair under this TOR when the Chair is unable or unavailable to act; and
  • 8.2.2 Meeting all requirements set out under section 8.3 of this TOR, except section 8.3.4 when acting as the Chair - in this situation, the Vice-Chair will declare any Conflict of Interest to the Ethics Executive established under the Public Service of Ontario Act.

8.3 The roles and responsibilities for all BRMRC members, including those appointed to a special roster, are as follows:

  • 8.3.1 Attending any training sessions being offered;
  • 8.3.2 Reviewing Review submissions prior to the schedule date the Review is going to be considered;
  • 8.3.3 Meeting, as required, to consider Reviews and/or other BRMRC matters;
  • 8.3.4 Declaring any Conflicts Of Interest to the Chair, who is the Ethics Executive under the Public Service of Ontario Act for the BRMRC and following any directions the Chair may issue in relation to the declared conflict of interest;
  • 8.3.5 Considering a Review in a fair and impartial manner;
  • 8.3.6 Voting on non-binding recommendations when moved by other BRMRC panel members;
  • 8.3.7 Abiding by the non-binding recommendations of the majority of a BRMRC panel hearing a Review;
  • 8.3.8 Complying with the requirements of the Freedom of Information and Protection of Privacy Act; and
  • 8.3.9 Avoiding the use or disclosure of confidential information obtained in the course of their duties as a member of the BRMRC unless otherwise authorized by law.

Section 9: Administrative Support for the Business Risk Management Review Committee

9.1 The Deputy Minister is responsible for providing the BRMRC with a Secretariat.

9.2 The Secretariat's roles and responsibilities include the following:

  • 9.2.1 Providing the BRMRC with the information necessary to implement and comply with this TOR;
  • 9.2.2 Scheduling the in-person time(s) in which the BRMRC will consider a Review;
  • 9.2.3 Providing the BRMRC panel members considering the Review with copies of all materials submitted for the Review; and
  • 9.2.4 Providing, upon the Chair's request, note-taking support to be used exclusively for deliberations by the BRMRC panel members considering the Review.

9.3 No employees responsible for developing the policy of or in the delivery of a Designated Program will form any part of the Secretariat.

9.4 Legal Services for the BRMRC will be provided as follows:

  • 9.4.1 The Ministry of the Attorney General will provide all legal services for the BRMRC; and
  • 9.4.2 The Chair of the BRMRC may request outside legal services if the panel hearing the Review requires expertise unavailable within the Ministry of the Attorney General or when use of legal services provided by the Ministry of the Attorney General could result in or be perceived to result in bias. The Ministry of the Attorney General must approve the retention of outside legal counsel by the BRMRC. The BRMRC will refer to an comply with TB/MBC directives on legal services and the retention of external counsel.

9.5 The Minister is the institution head for the purposes of the Freedom of Information and Protection of Privacy Act.

Section 10: Compliance and Conflict

10.1 The BRMRC will comply with all applicable statutes, regulations, orders, including the OIC, Government of Ontario directives and policies, including the Directive, this TOR and the applicable Guidelines for a Designated Program.

10.2 In the event of a conflict with anything set out under section 10.1 of this TOR, that conflict will be resolved in accordance with the following descending hierarchy:

  1. Applicable statutes;
  2. Applicable regulations;
  3. The OIC;
  4. Other orders, particularly those establishing or continuing a Designated Program;
  5. Government of Ontario directives and policies, including the Directive;
  6. This TOR; and
  7. The applicable Guidelines of a Designated Program.

Section 11: Indemnification

11.1 The Minister agrees to at all times indemnify and save harmless in a manner and form set out in Schedule "A" of this TOR all appointees to the BRMRC, including those appointees of a special roster, from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted that is in any way attributable to anything done in good faith under the authority or purporting to be under the authority of the OIC or any order establishing a Designated Program.

This TOR becomes effective as of the date the Minister signs it.

Original signed by

Minister of Agriculture, Food and Rural Affairs
The Honourable Ernie Hardeman

Dated, this 25th of March, 2021


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