1. Introduction

1.1 Purpose

The Terms of Reference (TOR) describes the purpose, scope and structure of the agency and forms the basis for a common understanding of its objectives, deliverables, and critical success factors.

The purpose of this TOR is to establish the accountability relationships between the Minister of Agriculture, Food and Agribusiness and the chair of the Business Risk Management Review Committee (BRMRC).

All advisory agencies must comply with all directives as they are agents of the Crown and report as part of their responsible ministry.

This TOR must be reviewed and signed by the responsible minister and chair. The TOR must also be acknowledged and signed by the deputy minister. Upon a change in one of the signatories, the newly appointed individual must review and sign this TOR no later than four months from the new appointment.

This TOR should be read together with Order-in-Council 1460/2018 (as amended by

OIC 103/2021, collectively the "OIC") and the Agencies and Appointments Directive (AAD).

This TOR does not affect, modify or limit the powers of the agency as set out under the OIC, or interfere with the responsibilities of any of its parties as established by law. In case of a conflict between this TOR and any act or regulation, the act or regulation prevails.

1.2 Mandate

The BRMRC will carry out its mandate as set forth in the OIC which includes but is not limited to:

  • Considering requests for reviews made under any designated program.
  • Conducting reviews in an independent and impartial manner.
  • Making non-binding recommendations to the administrator in relation to a request for review.
  • Not making any recommendations having the effect of creating any type of exception or exemption to the eligibility criteria for the applicable designated program or any other provisions included in the applicable guidelines to the designated program.
  • Not consider reviews, or any part of a review, based on the merits of the policy underlying the designated program.
  • Not make recommendations to the administrator 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.
  • Not consider any issue not specifically raised by the requester in the review.

2. Objectives, deliverables, and critical success factors

2.1 Objectives

The BRMRC, in its capacity as an independent expert advisory committee, shall:

  • Provide minister with advice in a manner and in a form in accordance with ministerial direction.
  • Perform any research and/or consultations limited to the review process.
  • Any other activities it is empowered to engage in to fulfill its objectives and mandate, which include but are not limited to:
    • Provide requesters with an opportunity to have an independent and impartial review of a decision that was made under a designated program.
    • Provide the administrator with clearly articulated non-binding recommendations.

2.2 Deliverables

The BRMRC shall develop a skills matrix and maintain an inventory of Artificial Intelligence (AI) use cases in such a manner as prescribed or requested by the minister and in accordance with the timelines set forth below.

  • Chair to meet with minister once per year to discuss and review the skills matrix for the BRMRC and any other matters of mutual importance to the committee and the ministry.
  • Inventory of AI use cases received within the timelines prescribed by the ministry as applicable.

2.3 Critical success factors

The ministry shall determine if the agency is successfully meeting its mandate by monitoring the following key performance indicators.

  • Percentage of BRMRC recommendations communicated within 30 business days of the completion of the review hearing. Target is 100%.
  • Percentage of Ontario Wildlife Damage Compensation Program (OWDCP) reviews conducted within seven business days of receipt by OWDCP special roster member. Target is 95%.
  • The ministry shall track and report on the measures to the chair once per year unless issues are identified that require more immediate action.

3. Membership and timing

3.1 Membership

The minister, via a minister’s letter, shall appoint members to the advisory agency in accordance with the following:

  • One member of the BRMRC will be appointed as chair, and one or more members will be appointed as vice-chair(s). Quorum is a minimum of three members. There is no maximum number of members.
  • In the event a chair is unable to act, the minister will select a vice-chair to act in the chair’s place.
  • If an order designating a program requires a special roster within the BRMRC, at least one vce-chair will be appointed to the special roster.
  • The BRMRC will meet on an as needed basis and will not conduct a review unless it has quorum.
  • The BRMRC will primarily meet virtually, but may meet at 1 Stone Road, Guelph, Ontario when considering a request for review in person. Other locations may be considered by the BRMRC, if appropriate.
  • Any recommendations made by the BRMRC will have the support of a majority of the panel members considering the request for review.
  • Any recommendations made by the BRMRC will be in writing, will include written reasons for the recommendation(s) and will, at a minimum, be provided to the participant and to the administrator.
  • Appointees are remunerated according to Schedule A, Level 2 of the AAD per diem amounts will be as follows:
    • Chair — $221.00.
    • Vice-chair — $184.00.
    • Member — $168.00.
  • Appointees to the BRMRC may also receive reasonable travel and meal expenses in accordance with the Government of Ontario’s Travel, Meal and Hospitality Expenses Directive.

3.2 Specialized rosters

  • The minister or the Lieutenant Governor in Council may, pursuant to an order issued under section 6.2 or 7, respectively, of the Ministry of Agriculture, Food and Rural Affairs Act establish a special roster to conduct reviews under a designated program.
  • An order establishing or continuing a designated program requiring that a special roster be formed within the BRMRC will set out any eligibility requirements for the special roster.
  • The minister will appoint individuals to be on the special roster(s) of the BRMRC.
  • The minister will not appoint an individual to be on a special roster of the BRMRC if the individual does not meet all the requirements set out in the order establishing or continuing the designated program.
  • Any special roster established within the BRMRC will have at least one vice-chair appointed to it. The specialized roster will also have enough members to meet any quorum requirements set out in the order establishing or continuing the designated program.
  • The term of an appointee to a special roster within the BRMRC will be for a term of up to three years for the initial appointment that can then be renewed for further terms of up to three years at the minister’s sole and absolute discretion.
  • 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. A member appointed to a special roster within the BRMRC may be appointed to the BRMRC as well.

4. Ministry’s role in administrative support

The ministry is responsible for providing administrative support to the chair and members of the advisory agency including:

  • Reimbursement of expenses and posting of the expense information for appointees on a government website according to the Travel, Meal and Hospitality Expenses Directive.
  • Identifying and assessing risks and putting in place appropriate risk management action plans.
  • Ensuring Ontario Public Service (OPS) workforce data is reported as required through ministry reporting.
  • Payment of per diem.
  • Ensuring that the appropriate management systems are in place (for example, records retention) for the effective administration of the agency.
  • Providing office supplies, equipment, and facilities.
  • Any other arrangements as applicable.

The deputy minister is responsible for providing the BRMRC with a secretariat. The secretariat’s roles and responsibilities include the following:

  • Providing the BRMRC with the information necessary to implement and comply with this TOR.
  • Scheduling review hearings.
  • Providing the BRMRC panel members considering the request with copies of all materials submitted for the review.

No employees responsible for developing the policy of or in the delivery of a designated program will form any part of the secretariat.

Legal services for the BRMRC will be provided as follows:

  • The Ministry of the Attorney General will provide all legal services for the BRMRC.
  • The chair of the BRMRC may request outside legal services if the panel considering the request 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 and comply with Treasury Board/Management Board of Cabinet (TB/MBC) directives on legal services and the retention of external counsel.

5. Relationships, accountabilities and responsibilities

Lines of accountability are consistent with the accountability framework in the AAD.

5.1 Minister

The minister is accountable to cabinet for the performance of the agency.

Responsibilities

  • Reporting/responding, within prescribed timelines, to the legislature and cabinet on the agency’s performance and compliance.
  • Meeting with the chair of the BRMRC at least once annually; the minister may attend meetings of the agency as required or requested.
  • Reviewing and signing a new TOR no later than four months upon appointment.
  • Recommending changes in mandate and/or powers and public appointments.

5.2 Deputy minister

The deputy minister is accountable for the performance of the ministry in providing administrative and organizational support to the agency and for carrying out the roles and responsibilities assigned by the minister.

Responsibilities

  • Ensures that the agency is provided with all the necessary administrative supports to deliver its mandate.
  • Providing supporting and background information for the minister’s meetings with the chair.
  • Advising the minister on the requirements of the AAD and on documents submitted by the agency for minister review and approval and ensuring governance documents (i.e. TOR) adhere to the directive.
  • Supporting ministers and minister’s offices in monitoring and tracking upcoming and existing vacancies on the BRMRC, particularly as there is a legislated minimum number of members and a need to maintain quorum.
  • Signing the agency’s TOR, acknowledging their responsibilities.
  • Requesting information and data as needed to fulfill obligations under the directive.
  • Monitoring the agency on behalf of the minister while respecting the agency’s authority, identifying needs for corrective action where warranted, and recommending to the minister ways of resolving any issues that might arise from time to time.

5.3 Chair

The chair is accountable to the minister for the agency’s performance in fulfilling its mandate.

Responsibilities

  • Meeting with the minister at least once annually, and keeping the minister informed of progress, risks and any other emerging or urgent matters.
  • Reviewing and signing a new TOR no later than four months upon appointment.
  • Reviewing the BRMRC’s skills matrix, recruitment strategy, appointee attendance for agency with minister on an annual basis.
  • Ensuring that AI risk management is undertaken in alignment with the principles and requirements of the Responsible Use of AI Directive.
  • Ensuring co-operation with any periodic or other review or audit directed by the minister or TB/MBC.
  • Ensuring that recommendations, reports and documents that are requested from time to time by the minister are submitted for the minister’s review within timelines identified by the minister.
  • Providing leadership to the members.
  • Establishing the goals, objectives and strategic direction for the agency consistent with the agency’s mandate.
  • Fulfilling the role of ethics executive under the Public Service of Ontario Act, 2006 (PSOA) for vice-chairs and members.
  • Setting overall priorities for the provincial agency.
  • Responding to any questions a requester may raise with respect to the review process.
  • Appointing panels of members to hear reviews.
  • Ensuring the BRMRC’s business is conducted in an impartial, independent and efficient manner.
  • Attending Ontario agricultural commodity council meetings and providing reports on the results of reviews held by the BRMRC.
  • Meeting all requirements set out under section 5.4 of this TOR.
  • Declaring any conflicts of interest to the integrity commissioner and following any directions the Integrity Commission may issue in relation to the declared conflict of interest.
  • Keeping the ministry informed of issues or events that may concern the minister in the exercise of the minister’s responsibilities.
  • Making recommendations to the minister on persons appropriate to fill any vacancies on the BRMRC.
  • Cooperating with any periodic review of the BRMRC directed by the minister or cabinet.

5.4 Agency member

The agency members are accountable for their decisions and recommendations to the chair.

Responsibilities

  • Attending and participating in meetings as required.
  • Attending any training sessions being offered.
  • Reviewing submissions prior to the scheduled hearing date.
  • Meeting, as required, to consider requests for reviews and/or other BRMRC matters.
  • 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.
  • Considering a request for review in a fair and impartial manner.
  • Voting on non-binding recommendations when moved by other BRMRC panel members.
  • 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.

5.5 Vice-chairs

  • Undertaking the roles and responsibilities assigned to the chair under this TOR and the OIC when the chair is unable or unavailable to act.
  • Meeting all requirements set out under section 5.4 of this TOR.
  • The vice-chair is accountable to the chair and the minister when acting in the place of the chair.

6. Communications protocol

The Business Risk Management Review Committee shall consult with the ministry and obtain prior written approval before posting, publishing, or disseminating any public facing, social media posts, press releases, announcements or any other communication materials in any format. All issues management and media relations shall be referred to the ministry’s communication division for an approved response.

Prior authorization from the ministry is required in all instances, including whether reports or other materials should be posted on ministry or agency websites.

7. Ethical framework

Agency members and secretariat staff are public servants under the PSOA and are made aware of this status including through the taking of the Oath/Affirmation of Office and the Oath/Affirmation of Allegiance.

The chair is the ethics cxecutive for agency members and participates in training specific to this role through the Office of the Integrity Commissioner.

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

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 PSOA, as well as any Government of Ontario directives and guidelines.

The chair is responsible for ensuring appointees to the BRMRC, including those appointed to a special roster within the BRMRC, as well as any staff assigned to support the BRMRC, are informed of the conflict of interest and political activity rules governing the BRMRC.

8. Confidentiality and intellectual property

All materials produced by BRMRC are the property of the Government of Ontario.

Confidential information includes all data and information in oral, written, graphic, recorded or any other form which is disclosed to the member either directly or indirectly by the ministry or its stakeholders in connection with the performance by the member of his/her duties or which the member may have acquired in the course of, or incidentally to, the performance of his/her duties.

In cases where the agency creates, develops, or designs any form of material, software, or other product for the Crown, unless otherwise stated, the Crown as represented by the Government of Ontario maintains all ownership and rights to the intellectual property created on its behalf by the agency.

9. Reporting requirements under the Agencies and Appointments Directive

The following reporting requirements are applicable:

  1. Expense information for appointees must be posted on a government website (see the Travel, Meal and Hospitality Expenses Directive).
  2. OPS workforce data is to be reported as required through ministry reporting.
  3. Ministries are required to identify and assess risks and put in place appropriate risk management action plans.
  4. Mandate reviews for provincial agencies are required to be conducted once every six years.
  5. Other requirements prescribed by the AAD.

10. Diversity and inclusion

The chair, on behalf of the agency, will support a diverse and inclusive agency by:

  1. Developing and encouraging diversity and inclusion initiatives to promote an inclusive environment free of workplace discrimination and harassment.
  2. Adopting an inclusive process to ensure all voices are heard.

11. Freedom of information and protection of privacy

The chair and the minister acknowledge that the agency is bound to follow the requirements set out in the Freedom of Information and Protection of Privacy Act (FIPPA) in relation to the collection, retention, security, use, distribution, disclosure, access and correction and disposal of records.

The minister is the institution head for the purposes of the FIPPA.

Signatures

I have read, understood and concur with this TOR dated May 6, 2025 and will abide by the requirements for this TOR and the AAD.

Original signed by:

Trevor Jones
Minister, Ministry of Agriculture, Food and Rural Affairs

Date: June 2, 2025

Tonya Haverkamp
Chair, Business Risk Management Review Committee
Date: May 27, 2025

I acknowledge my role and the requirements as set out in this TOR and the AAD.

Original signed by:

John Kelly
Deputy Minister, Ministry of Agriculture, Food and Rural Affairs
Date: May 28, 2025