Ontario Farm Products Marketing Commission business plan 2025–2028

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 Agribusiness. 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 Agribusiness, for the minister’s approval.

This business plan covers a 3-year horizon (2025–2028) 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 boards, local boards and section 12 representative associations which the 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, a vice-chair and  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 Agribusiness (OMAFA). Organizationally, the secretariat is a unit within the Economic Policy Development Branch within OMAFA’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 or would be of value.

Mandate

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.

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. While the letter of direction was specific to a single year, it contained the following items which remain as commission priorities:

• administering the relevant provisions of the enabling legislation (Farm Products Marketing Act and Milk Act) in Ontario to ensure the pieces of legislation remain 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 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 to ensure they are financially sustainable and working with boards to identify red tape that could be reduced
• measuring and communicating the priorities and performance of the agency to build trust with stakeholders and demonstrate alignment between the agency and government. This includes ensuring the commission has a full understanding of all stakeholder input on relevant commission business
• engaging regularly with the minister 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 the minister’s office with other appropriate ministries with respect to any issues that could impact trade or intergovernmental relationships

The commission’s vision, mission statements and core values

To provide guidance in carrying out its mandate, the commission sets a 3-year strategic plan that defines its priorities and establishes the goals it wants to achieve.

The commission approved a new strategic plan in September 2024 that outlines the commission’s vision, mission, core values and strategic goals for 2024–2028.

The commission will be guided by its strategic plan, including its vision, mission and strategic goals that are in support of the sector, OMAFA 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: a progressive regulator driving collaboration and sustainable growth in Ontario’s vibrant agri-food sector

The commission is dedicated to being a progressive regulator that empowers stakeholders to make informed decisions. By fostering collaboration and promoting a sustainable supply chain, the commission supports Ontario's agricultural industry to thrive over the long term. Actively listening to the diverse needs of marketing boards, section 12 representative associations, and value chain partners, the commission brokers progressive, whole-sector solutions for this dynamic and competitive industry.

The commission diligently works to build respect, trust and collaboration among commodity groups, producers, processors and their stakeholders.

Mission: empowering Ontario’s agriculture sectors through regulatory oversight, stakeholder facilitation and innovative solutions

The commission empowers the province's agricultural sectors through focused oversight. By facilitating effective stakeholder engagement and fostering meaningful collaborations, the commission builds strong relationships across the value chain, ensuring voices are heard in decision-making processes. Committed to encouraging collaborative solutions to complex challenges, the commission promotes sustainable growth, supporting economic prosperity and rural communities. This mission reflects our dedication to balancing regulatory responsibilities and supporting innovation and progress within Ontario's agricultural sector.

Core values:

• integrity
• collaboration
• transparency
• innovation and growth
• accountability
• diversity and inclusion

The commission’s work: 2025–2028

To better manage priorities and inform others about the commission’s mandate, the commission completed a “Path to Clarity” project in 2023 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 2025–2026

• Supporting OMAFA with possible legislative reviews or recommended amendments.
• Making or amending regulations:
  • it is estimated that 2-5 marketing regulations may be made or amended by the commission.
  • it is estimated that 4-8 general regulations may be made or amended by the commission.
  • it is estimated that 2-5 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 1-3 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 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 2025–2026

• Working with all boards/associations to complete the compliance attestation process.
• Holding review meetings with 13 boards/associations:
  • Ontario Fresh Grape Growers Marketing Board
  • Ontario Sheep Farmers
  • Ontario Bean Growers
  • Seed Corn Growers of Ontario
  • Ontario Tender Fruit Growers
  • Egg Farmers of Ontario
  • Ontario Tomato Seedling Growers’ Marketing Board
  • Ontario Apple Growers
  • Dairy Farmers of Ontario
  • Veal Farmers of Ontario
  • Ontario Broiler Hatching Egg and Chick Commission
  • Ontario Pork Producers’ Marketing Board
  • Berry Growers of Ontario

Guidance, facilitation and dispute resolution activities include

• 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 2025–2026

• 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 meetings and 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. This includes 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 and process, including a potential survey to boards, to assess client service
• ongoing reviews of existing, and development of new commission policies and guidance documents
• a review of the biennial board review process with an effort to find value and efficiency

Compliance requirements

During 2025–2026, the commission will also deliver the:

• annual report
• 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

Use of artificial intelligence (AI)

At present, the commission does not utilize AI. Therefore, as per section 6.3 of the Ontario government’s Responsible Use of AI Directive, it does not utilize AI for development or delivery of a program/policy/service, in decision-making, in maintaining records of AI risk management, or in leveraging AI for direct public interactions (such as a chatbot).

Secretariat staff may explore opportunities to leverage AI to assist with general policy work in the future, including sector summaries and financial analysis. All future staff work that leverages AI will adhere to the principles and requirements outlined in the Responsible Use of AI Directive.

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 2025–2028 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 2025–2028 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 domain 2: commission regulatory compliance monitoring and enforcement functions

Focuses on the commission’s mandate to administer the legislation and regulations 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 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 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.

To provide context around the anticipated work within the various domains, the following work has been completed in 2023–2024 and as of January 2025:

Risk identification, assessment and mitigation strategies

The commission reports on risk evaluation quarterly, as required through agency compliance. The commission is not tracking any high risks for the agency. The quarterly risk reports identify 3 main risks to the commission.

Collaboration and roles for regulated marketing

There is a risk that the commission and the ministry do not clearly define the roles that each play in relation to regulated marketing policy or communicate effectively. This may lead to misalignment, conflict and confusion.

This is a relatively low risk as it is an ongoing existing concern that has not changed over time and there are existing mitigation strategies.

Mitigation strategies include:

• the ministry and the commission continuing to clarify and strengthen accountabilities and responsibilities for regulated marketing policy (2 RASCIs have been developed to outline these)
• more formalized information sharing strategies between the commission and the ministry have been established
• the commission having a strategic plan, business plan, annual report and MOU

Effective oversight of the marketing boards

There is a risk that the commission will be unable to fulfill its mandate and provide effective oversight to marketing boards and representative organizations.

This is a relatively low risk as it is an ongoing existing concern that has not changed over time and there are existing mitigation strategies.

The commission has mitigated this risk with enhanced oversight processes for all marketing boards by creating a more robust assurance framework and developed a more systematic approach to their biennial board review processes. This allows for more rigorous analysis to support governance and oversight monitoring practices.

Lack of independent legal advice

The commission relies on ministry-provided Legal Services Branch (LSB) advice. The risk to the commission is that the lack of fully independent legal advice could create a perception that advice is being given through the lens of the ministry as opposed to the direction of the commission. The commission's stance does not always concur with the ministry's perspective and the use of ministry-provided legal advice could result in stakeholders questioning the independence of the commission’s decision-making processes. There is also a risk to process timelines as legal advice is passed to the commission via the secretariat.

This is a relatively low risk as it is an ongoing existing concern that has not changed over time and there are existing mitigation strategies.

The risk of competing perspectives is mitigated through open, transparent communication, collaboration and cooperation between the commission, secretariat and LSB, and a commitment by both parties to work in a proactive manner to streamline processes. To mitigate the risks regarding timelines, the commission determines legal needs and priorities and communicates its needs and priorities to LSB via the secretariat. Thecommission, secretariat and LSB are closely and regularly engaged.

Resources to carry out the commission’s mandate

OMAFA 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 unit within OMAFA’s Economic Development Policy Branch (EDPB).

The secretariat is currently comprised of 9 full-time OMAFA employees and includes:

• a manager
• a coordinator
• a policy analyst
• 4 policy advisors
• 2 senior policy advisors

Additionally, the director of EDPB also serves as the secretary to the commission. Generally, staff are organized into two key functional groups: operational coordination and regulated marketing policy.

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 LSB assigned to OMAFA 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 OMAFA’s budget. The director of EDPB is responsible for oversight of the budget. As a non-board governed agency, the commission does not have its own audited financial statements.

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 unit within EDPB.

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 Advisory Committees 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
• 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
• 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