Soldiers’ Aid Commission memorandum of understanding

Read the Soldiers’ Aid Commission memorandum of understanding. This is the formal agreement between the agency chair and the responsible minister that sets out roles and responsibilities for the agency and ministry.

On this page Skip this page navigation

1. Purpose

The purpose of this memorandum of understanding (MOU) is to:
- Establish the accountability relationships between the Minister of Children, Community and Social Services, the chair, the commission, the deputy minister, and ministry administrator.
- Clarify the roles and responsibilities of the minister, the chair, the vice chair, the commission, the deputy minister, and ministry administrator.
- Clarify the operational, administrative, financial, staffing, auditing and reporting arrangements between the Soldiers’ Aid Commission and the Ministry of Children, Community and Social Services.
This MOU should be read together with the Soldiers’ Aid Commission Act, 2020 and its regulations. This MOU does not affect, modify or limit the duties and functions of the agency as set out under the Soldiers’ Aid Commission Act, 2020, or interfere with the responsibilities of any of its parties as established by law. In case of a conflict between this MOU and any act or regulation, the act or regulation prevails.
This MOU replaces the memorandum of understanding between the parties dated December 7, 2016.

2. Definitions

In this MOU:

“AAD” means the Treasury Board/Management Board of Cabinet Agencies & Appointments Directive
“Act” means the Soldiers’ Aid Commission Act, 2020, that governs the agency
“Agency” means Soldiers’ Aid Commission (SAC)
“Annual Business Plan” means the annual business plan described under article 10.1 of this MOU
“Annual Report” means the annual report referred to in article 10.2 of this MOU
“Applicable Government of Ontario Directives” means the government directives, policies, standards and guidelines that apply to the agency, as may be amended or replaced from time to time, which are listed in Appendix 3 to this MOU
“Chair” means the Chair of the Soldiers’ Aid Commission
“Commission” means the Soldiers’ Aid Commission (SAC)
“Commissioner” means a chair, vice chair, or other member appointed to the commission by the Lieutenant Governor in Council
“Constituting instrument” means the Soldiers’ Aid Commission Act, 2020 that governs the agency
“Deputy minister” means the Deputy Minister of Ministry of Children, Community and Social Services (or any successor ministry)
“Executive Council Act” means the Executive Council Act, R.S.O. 1990, c. E.25, as amended
“FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended
“Fiscal Year” means the period from April 1 to March 31
“Government” means the Government of Ontario
“Institution head” means the person designated as head of an institution in the schedule to Ontario Regulation 460 under FIPPA, 1990
“MBC” means the Management Board of Cabinet
“Ministry administrator” means the manager in the Direct Services Unit, Developmental and Supportive Services Branch of the Ministry of Children, Community and Social Services (or any successor to the ministry, branch or unit) responsible for providing administrative support and program analysis to the Soldiers’ Aid Commission
“Ministry staff” means the staff in Direct Services Unit, Developmental and Supportive Services Branch of the Ministry of Children, Community and Social Services (or any successor to the ministry, branch or unit) responsible for providing administrative/financial support and program analysis to the Soldiers’ Aid Commission
“Minister” means the Minister of Ministry of Children, Community and Social Services (or successor ministry) or such other person who may be designated from time to time as the responsible minister in relation to this MOU in accordance with the Executive Council Act, R.S.O. 1990, c. E.25, as amended
“Minister of Finance” means the Minister of Finance or such other person who may be designated from time to time under the Executive Council Act
“Ministry” means the Ministry of Children, Community and Social Services or any successor to the ministry
“MOU” means this memorandum of understanding signed by the minister and the chair
“President of the Treasury Board” means this President of the Treasury Board of such other person who may be designated from time to time under the Executive Council Act
“PSC” means the Public Service Commission
“PSOA” means the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A, as amended
“TBS” means the Treasury Board Secretariat
“TB/MBC” means the Treasury Board/Management Board of Cabinet.

3. Agency’s legal authority and mandate

The legal authority for the Soldiers’ Aid Commission is set out in the Soldiers’ Aid Commission Act, 2020.
The commission’s mandate is set out in the Soldiers’ Aid Commission Act, 2020, which states that the commission’s objects are to administer a financial assistance program for eligible Veterans and eligible family members of Veterans who are resident in Ontario; to review applications for financial assistance and decide whether or not to approve them, in whole or part, in accordance with the act and regulations made under the act, if any; to provide advice to the minister on matters affecting Veterans and their families; and to engage in any other activities that may be prescribed by the regulations made under this act.

4. Agency type and public body status

The Soldiers’ Aid Commission is designated as a board-governed provincial agency under the Agencies and Appointments Directive.
The commission is prescribed as a public body and commission public body in accordance with Ontario Regulation 146/10 under the Public Service of Ontario Act, 2006. It is not organizationally part of the ministry, but it is considered to be within government.

5. Corporate status and crown agency status

The commission is a Crown agency within the meaning of the Crown Agency Act. The commission has the capacity, rights and privileges of a natural person for carrying out its objects, subject to the limitations placed upon it under the act, its regulations and limitations imposed by Treasury Board/Management Board of Cabinet.
The commission is a corporation without share capital. Neither the Not-for-Profit Corporations Act nor the Corporations Information Act apply to the commission.

6. Guiding principles

The parties agree to the following principles:

The minister recognizes that the commission exercises powers and performs duties in accordance with its legal mandate under the Soldiers’ Aid Commission Act, 2020.
The commission’s decisions in regard to the review and approval of applications for financial assistance must be made and seen by the public to be made independently and impartially.
The minister recognizes that the commission plays a meaningful role in the development of the policies and programs of the Government of Ontario, as well as in the implementation of those policies and delivery of programs.
The minister acknowledges that the commission operates at arm’s length from the Government of Ontario with respect to the provision of financial assistance to eligible Veterans and eligible family members of Veterans
The commission acknowledges that it is accountable, through the minister, to the Legislative Assembly in exercising its mandate. Accountability is a fundamental principle to be observed in the management, administration and operations of the commission. The commission acknowledges that it is accountable to the minister, through the chair, for governance and oversight of the commission.
The chair acknowledges that accountability is a fundamental principle to be observed in the management, administration and operations of the commission.
As an agency of the Government, the commission conducts itself according to the management principles of the Government. These principles include ethical behaviour; prudent, effective and lawful use of public resources; fairness; high quality service to the public; and openness and transparency to the extent allowed under the law.
The minister and the commission, through the chair, are committed to a strong agency that is empowered to fulfill its statutory mandate efficiently and effectively. They share the goal of establishing and maintaining a co-operative relationship that facilitates the efficient administration of the commission and fulfillment of its statutory responsibilities.
The commission and the ministry agree to avoid duplication of services wherever possible.
The commission and the ministry will work together in a mutually respectful manner.

7. Accountability relationships

7.1 Minister

The minister is accountable:

To Cabinet and the Legislative Assembly for the commission’s fulfilment of its mandate, its compliance with government policies and for reporting to the Legislative Assembly on the commission’s affairs.
For reporting and responding to Treasury Board/Management Board of Cabinet on the commission’s performance and compliance with government’s applicable directives and operational policies.
To Cabinet for the performance of the commission and its compliance with the government’s operational policies and broad policy directions.

7.2 Chair

The chair, acting on behalf of the commission, is accountable:

To the minister for the commission’s performance in fulfilling its mandate under the Soldiers’ Aid Commission Act, 2020 and for carrying out the roles and responsibilities assigned to the chair by the act and its regulations, this MOU, and applicable TB/MBC, PSC and government directives.
For reporting and attesting to the minister, as requested, on the commission’s activities and performance.
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 commission.
To the minister to confirm the commission’s compliance with applicable legislation, regulations, directives, and accounting and financial policies.

7.3 Commission

The commission, through the chair, is accountable:

To the minister for the oversight and governance of the commission; setting goals, objectives and strategic direction for the commission within its mandate; and for carrying out the roles and responsibilities assigned to it by the Soldiers’ Aid Commission Act, 2020, its regulations, this MOU, and applicable TB/MBC, PSC and other government directives.

7.4 Deputy minister

The deputy minister is accountable:

To the Secretary of the Cabinet and the minister for the performance of the ministry in providing administrative and organizational support to the commission and for carrying out the roles and responsibilities assigned by the minster, the act and regulations, this MOU, and applicable TB/MBC, PSC and government directives.
For attesting to TB/MBC on the commission’s compliance with applicable TB/MBC directives.

7.5 Ministry administrator

The ministry administrator is accountable:

To a Director within the Community Services Division and ultimately to the deputy minister for providing financial, analytical and administrative support to the commission.

8. Roles and responsibilities

8.1 Minister

The minister is responsible for:

Setting policies necessary for the commission’s administration of its financial assistance program, consistent with the act and regulations. These will be set out in the program guidelines.
Reporting and responding to TB/MBC on the commission’s performance, compliance with applicable TB/MBC directives, the government’s operational policies and policy directions.
Recommending to TB/MBC, where required, the merger, any change to the mandate, or dissolution of the commission.
Recommending to TB/MBC the powers to be given to, or revoked from, the commission when a change to the mandate of the commission is being proposed.
Meeting with the chair to discuss issues relating to the fulfilment of the commission’s mandate.
Working with the chair to develop appropriate measures and mechanisms related to the performance of the commission.
Reviewing the advice or recommendation of the chair on candidates for appointment or re-appointment to the commission.
Making recommendations to Cabinet and the Lieutenant Governor in Council for appointments and reappointments to the commission, including the chair and vice chair, pursuant to the process for appointments established by legislation and/or by MBC through the AAD.
Determining at any time the need for a review or audit of the commission, directing the chair to undertake reviews of the commission on a periodic basis, and recommending to TB/MBC any changes to the governance or administration of the commission resulting from any such review or audit.
When appropriate or necessary, taking action or directing that corrective action be taken with respect to the commission’s administration or operations.
For receiving the commission’s annual report and approving the report within 60 calendar days of receiving it.
For tabling the annual report within 30 calendar days of approving it.
For ensuring that the commission’s annual report is made available to the public after it is tabled and within 30 calendar days of approving it.
Consulting with the chair on the government’s priorities and broad policy directions for the commission.
Ensuring the Chair is consulted, as appropriate, on significant new directions or when the government is considering regulatory or legislative changes for the commission.
Developing the commission’s MOU with the chair, as well as any amendments to it, and signing the MOU into effect after it has been signed by the chair.
Reviewing and approving the commission’s annual business plan and monitoring performance measures to ensure performance priorities are met
Recommending to TB/MBC any provincial funding to be allocated to the commission.
Outlining the high-level expectations, key commitments and performance priorities for the commission at the beginning of the annual business planning cycle through the agency mandate letter.

8.2 Chair

The chair is responsible for:

Providing leadership to the commission by working with the commissioners to set the goals, objectives and strategic directions within its mandate.
Ensuring the implementation of actions that support the goals, objectives, and strategic direction of the commission.
Ensuring that the commission carries out its responsibilities for decisions regarding the commission.
Chairing commission meetings, including the management of the agenda.
Reviewing and approving commissioners’ claims for travel expenses.
Seeking strategic policy direction for the commission from the minister.
Ensuring timely communications with the minister regarding any issues or events that may concern or can reasonably be expected to concern the minister in the exercise of his/her responsibilities relating to the commission.
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 commission’s mandate, powers or responsibilities as set out in the commission’s constituting instrument.
Monitoring the performance and setting targets for the commission through the commission’s business plan.
Reporting to the minister as requested on the commission’s activities within agreed upon timelines, including an annual letter confirming the commission’s compliance with all applicable legislation, directive, and accounting and financial policies.
Ensuring that the commission operates within its approved budget allocation in fulfilling its mandate, and that public funds are used for the purpose intended with integrity and honesty.
Developing the commission’s MOU with the minister and signing it on behalf of the commission.
Reviewing and approving the commission’s business plan and annual report, on behalf of the commission, and submitting them to the minister in accordance with the timelines specified in the applicable TB/MBC and government directives, and Appendix 1 of this MOU.
Ensuring that commissioners are informed of their responsibilities under the PSOA with regard to the rules of ethical conduct, including the political activity rules.
Ensuring appropriate management systems are in place (e.g., financial, information technology, human resources) for the effective administration of the commission.
Carrying out effective public communications and relations for the commission as its chief spokesperson.
Cooperating with any review or audit of the commission directed by the minister or TB/MBC.
Fulfilling the role of ethics executive for the commissioners, promoting ethical conduct and ensuring that all commissioners are familiar with the ethical requirements of the PSOA, and the regulations and the directives made under that act, including in respect of conflict of interest, political activity and the protected disclosure of wrongdoing.
Keeping the minister informed of upcoming appointment vacancies and providing recommendations for appointments or re-appointments.
Ensuring compliance with legislative and TB/MBC policy obligations.
Ensuring that an appropriate framework is in place for commissioners to receive adequate orientation and training, and for ministry staff to receive appropriate and timely information needed to support the commission’s administration and operations.
Ensuring a process for responding to and resolving complaints from the public is in place.
Providing direction to the ministry staff providing support to the commission in matters related to the administration of the financial assistance program, as needed.
Providing comments and input at least once a year to the ministry’s manager, Direct Services Unit, Developmental and Supportive Services Branch (or successor unit and branch) regarding the performance of the ministry staff assigned to provide specific services to the commission.

8.3 Vice chair

The vice chair is responsible for:

Acting as chair if the chair is absent or unable to act, or if the office of the chair is vacant, the vice-chair shall act as chair.
Remaining informed of and included in executive duties of the chair in such as way that they can act in the absence of the chair. Duties of the chair noted in Section 8.2 can be delegated to the vice chair as agreed upon by both the chair and the vice chair.

8.4 Commission

The commission is responsible for:

Establishing the goals, objectives, and strategic directions for the commission within its mandate as defined by the Soldiers’ Aid Commission Act, 2020, its regulations, government policies as appropriate and this MOU.
Governing its affairs within its mandate as set out in the Soldiers’ Aid Commission Act, 2020, its regulations, other applicable regulations, its approved business plan as described in section 10.1 of this MOU, program guidelines and the advice provided by the minister, in writing, through the annual mandate letter.
Directing the development of the commission’s business plans for approval and submission by the chair to the minister within the timelines established by the AAD.
Directing the development of the commission’s annual report for approval and submission by the chair to the minister.
Making decisions consistent with the business plan approved for the commission and ensuring that the commission operates within its budget allocation.
Ensuring that the commission uses public funds with integrity and honesty, and only for the business of the commission based on the principle of value for money, and in compliance with applicable legislation, regulations and TB/MBC directives.
Ensuring that the commission is governed in an effective and efficient manner according to accepted business and financial practices, and in accordance with applicable TB/MBC directives.
Establishing oversight mechanisms as may be required to advise the commission on effective management, governance or accountability procedures for the commission.
Reviewing the commission’s MOU, as directed by the chair, and any amendments to the MOU, in a timely manner.
Approving the commission’s reports and reviews that may be requested by the minister from time to time for submissions to the minister within agreed upon timelines.
Directing the development of an appropriate risk management framework and a risk management plan and arranging for risk-based reviews and audits of the commission as needed.
Where applicable, ensuring that conflict of interest rules that the commission is required to follow, as set out in Ontario Regulation 381/07 (or as have been approved and published by the Conflict of Interest commissioner on the commissioner’s website), are in place for the commissioners.
Establishing performance measures, targets and management systems for monitoring and assessing the commission’s performance through the commission’s business plan.
Directing corrective action on the functioning or operations of the commission, if needed.
Cooperating with and sharing any relevant information on any risk-based or periodic review directed by the minister or TB/MBC.
Consulting, as appropriate, with stakeholders on the commission’s goals, objectives and strategic directions.
Providing advice to the government, through the minister, on matters affecting Veterans and their families, or matters within or affecting the commission’s mandate and operations.
Keeping the chair informed of upcoming appointment vacancies and providing recommendations for appointments or reappointments.
Setting and reporting on the strategic direction for the commission according to the minister’s mandate letter, commission’s business plan, and the commission’s annual report.
Administering a financial assistance program for eligible Veterans and eligible family members of Veterans who are resident in Ontario, in accordance with the Soldiers’ Aid Commission Act, 2020, any regulations made under the act, and program guidelines provided by the ministry.

8.5 Deputy minister

The deputy minister is responsible for:

Advising and assisting the minister regarding the minister’s responsibilities for the commission including informing the minister of policy direction, policies and priorities of relevance to the commission’s mandate.
Advising the minister on the requirements of the AAD, the Government Appointees Directive and other directives that apply to the commission.
Recommending to the minister, as may be necessary, the evaluation or review, including a risk-based review, of the commission or its financial assistance program, or changes to the operations of the commission.
Ensuring that the commission has an appropriate risk management framework and a risk management plan in place for managing risks that the commission may encounter in meeting its program objectives.
Facilitating briefings and consultations between the chair and the minister, and between ministry staff and commissioners as needed.
Attesting to TB/MBC, as required, to the commission’s compliance with the mandatory accountability requirements set out in the AAD and other applicable TB/MBC directives, the government’s operational policies and policy directions based on the annual letter of compliance from the chair to the minister.
Ensuring that the ministry and the commission have the capacity and systems in place for on-going risk-based management, including appropriate oversight of the commission.
Undertaking timely risk-based reviews of the commission, its management or operations, as may be directed by the minister or TB/MBC.
Supporting the minister in reviewing the performance targets, measures and results of the commission.
Advising the minister on documents submitted by the commission to the minister for review or approval, or both.
Submitting to the minister, as part of the annual planning process, a risk assessment and management plan for each risk category.
Undertaking and cooperating with reviews of the commission as may be directed by the minister or TB/MBC.
Monitoring the commission on behalf of the minister while respecting the commission'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.
Negotiating a draft MOU with the chair, as well as any amendments to the MOU, as directed by the minister or on the request of the chair.
Meeting with the chair as needed or as directed by the minister including consulting with the chair, as needed, on matters of mutual importance including services provided by the ministry and compliance with legislation and regulations, TB/MBC directives and ministry policies.
Arranging for administrative, financial and other support to the commission as specified in this MOU.
Reporting to TBS on the commission and ministry’s compliance with the AAD, as required.
Informing the chair, in writing, of new government directives and any exceptions to, or exemptions in whole or in part from TB/MBC directives, government policies, or ministry administrative policies.
When required, submitting a report to the secretaries of TB/MBC on the wind-up of the commission, disposition of any assets, completion of any outstanding responsibilities by the commission, and the termination of any appointments.

8.6 Ministry administrator

The ministry administrator is responsible for:

Providing direction and supervision to ministry staff providing support to the commission with respect to financial management, program analysis and administrative issues not connected with the commission’s review and approval of applications and grants.
Ensuring that Management Board of Cabinet guidelines and directives are provided to the chair.
Managing the financial, analytical and administrative affairs of the commission in accordance with accepted business and financial practices and standards and with Management Board of Cabinet directives and guidelines.
Maintaining effective communications with the deputy minister and the senior staff of the ministry and seeking appropriate advice and support on administrative matters from the ministry.
Keeping the chair informed and up-to date on all matters relating to the administrative and financial operations of the commission.
Recruiting, training, and supervising ministry staff in support of the commission’s function and consulting the chair as required.
Providing assistance where requested in preparation of formal documents relating to the fulfilment of the commission’s mandate.
Reviewing and approving commissioners’ claims for travel expenses.

9. Ethical framework

The commissioners who are appointed by the Lieutenant Governor in Council are subject to the conflict of interest provisions of the AAD and the conflict of interest provisions of the PSOA and its regulations. Please refer to these provisions for the full conflict of interest rules.

Commissioners shall not use any information gained as a result of their appointment to the commission for personal gain or benefit. A member who has reasonable grounds to believe that he or she has a conflict of interest in a matter before the commission, or a committee of the commission, shall disclose the nature of the conflict to the chair at the first opportunity and shall refrain from further participation in the consideration of the matter. The chair shall cause to be recorded in the minutes of the meeting any declared conflicts of interest.

A conflict of interest could also occur in a commissioner’s role outside of their work with the commission (e.g., committee work for another agency). In these cases, the chair will determine how best to comply with the conflict of interest rules including, but not limited to, partial or full recusal.

The chair, as the ethics executive for the commission, is responsible for ensuring that commissioners are informed of and comply with the ethical rules to which they are subject, including the rules on conflict of interest, political activity and protected disclosure of wrongdoing that apply to the commission.

10. Reporting requirements

10.1 Business plan

The chair will ensure that the minister is provided annually with the commission’s business plan covering a minimum of three (3) years from the upcoming fiscal year, which includes a financial budget and a risk assessment and management plan, for approval by the minister. The annual business plan shall be in accordance with the requirements set out in the AAD.
The annual business plan is to be submitted to the ministry’s chief administrative officer or designated equivalent within three months prior to the commission’s fiscal year start.
The chair is responsible for ensuring that the commission’s business plan 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 the business plan includes a risk assessment and risk management plan to assist the ministry in developing its risk assessment and risk management plan information in accordance with the requirement of the AAD to assess risks, develop and maintain necessary records and report to TB/MBC.
The chair will ensure that publicly posted business plans do 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 commission in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the commission.
The minister will review the commission's annual business plan and will promptly advise the chair whether or not he/she concurs with the directions proposed by the commission. The minister may advise the chair where and in what manner the commission’s plans vary from government or ministry policy or priorities as may be required, and the Commission will revise its plan accordingly. Business plans are only to be considered valid once the responsible minister has approved the plan and the approval has been expressed in writing.
In addition, TB/MBC may require the minister to submit the commission’s business plan to TB/MBC for review at any time.
The chair will ensure that the minister approved business plan is made available to the public in an accessible format, in both official languages, on the ministry website within 30 calendar days of minister’s approval of the plan.

10.2 Annual reports

The chair is responsible for ensuring that the commission’s annual report is submitted to the minister for tabling in the legislative assembly. The chair will submit the annual report to the minister within 120 days of the commission’s fiscal year end. The annual report shall be in accordance with the requirements set out in the AAD.
The chair will ensure that the annual report is prepared in the format specified in the AAD.
The chair will ensure that publicly posted annual reports do not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, and information that would otherwise pose a risk to the security of the facilities and/or operations of the commission.
The minister will receive and review the commission’s annual report to confirm adherence with AAD requirements and will approve the report within 60 calendar days after the day of receipt.
The minister will, within 30 calendar days of approval, table the report in the Legislative Assembly.
The chair will ensure that its annual report is publicly posted in an accessible format, in both official languages, on the ministry website after the report has been tabled in the Legislature and within 30 calendar days of minister approval.
When distributing annual reports, digital formats and channels for distribution must be used unless otherwise required (e.g. by directive, legislation).

10.3 Other reports

At the request of the minister or deputy minister, the chair is responsible on behalf of the commission for supplying specific data and other information that may be required from time-to-time for the purpose of ministry administration.

11. Public posting requirements

The commission, through the chair on behalf of the commission, 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 and any letter of affirmation – within 30 calendar days of signing by both parties
- Agency mandate letter – no later than the corresponding annual business plan
- Annual business plan – within 30 calendar days of minister’s approval
- Annual report – within 30 calendar days of minister’s approval (the report must first be tabled in the Legislature).
Posted governance documents should not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, and information that would otherwise pose a risk to the security of the operations of the commission.
The commission, through the chair, will ensure that the expense information for commissioners are posted on the ministry website, in accordance with the requirements of the MBC Travel, Meal and Hospitality Expenses Directive.
The commission, through the chair on behalf of the commission, will ensure that any other applicable public posting requirements are met.

12. Communications and issues management

The parties to this MOU recognize that the timely exchange of information on the operations and administration of the commission is essential for the minister to meet his/her responsibilities for reporting and responding to the Legislative Assembly on the affairs of the commission. The parties also recognize that it is essential for the chair on behalf of the commission to be kept informed of the government initiatives and broad policy directions that may affect the commission’s mandate and functions.

The minister and the chair, therefore, agree as follows:

The chair will keep the minister advised, in a timely manner, of all planned events, including key stakeholder consultations and issues, including contentious matters, that concern or can be reasonably expected to concern the minister in the exercise of his/her responsibilities.
The minister will consult with the chair in a timely manner, as appropriate, on broad government policy initiatives or legislation being considered by the government that may impact on the commission’s mandate or functions, or which otherwise will have a significant impact on the commission.
The minister and the chair will consult with each other on public communication strategies and publications. They will keep each other informed of the results of stakeholder and other public consultations and discussions.
The minister and the chair will meet at least annually, or as requested by either party, to discuss issues relating to the fulfillment of the commission’s mandate, management and operations.
The deputy minister and the chair will meet at least annually, or as requested by either party, to discuss issues relating to delivery of the commission’s mandate, the efficient operation of the commission and the provision of services by the ministry to the commission. The deputy minister and chair shall provide timely information and advice to each other concerning significant matters affecting the commission’s management or operations.
The commission and ministry will adhere to the public communications protocol set out in Appendix 4 to this MOU for ongoing issues management.

13. Administrative arrangements

13.1 Applicable government directives

The chair, on behalf of the commission, is responsible for ensuring that the commission operates in accordance with all applicable acts, regulations, TB/MBC, PSC and government directives, as well as applicable ministry financial and administrative policies and procedures. Appendix 3 to this MOU provides a list of applicable directives and policies.
The ministry will inform the commission of amendments or additions to directives, policies and guidelines that apply to the commission; however, the commission is responsible for complying with all directives, policies and guidelines to which it is subject.
The chair, on behalf of the commission, is responsible for ensuring that clear expectations are communicated to individuals receiving commission-approved funding, and the right controls are in place in respect of the commission’s practices and operations to ensure the prudent use of taxpayers’ money.

13.2 Legal services

Legal services to the Soldiers’ Aid Commission will be provided by the Ministry of the Attorney General when necessary.
The commission may request outside legal services where it believes the Ministry of the Attorney General does not have the necessary expertise. The request will be reviewed by the ministry’s Legal Director, who will consider it in light of applicable directives and policies.

13.3 Creation, collection, maintenance and disposition of records

The chair, on behalf of the commission, is responsible for ensuring that a system is in place for the creation, collection, maintenance, and disposal of records.
The commission, through the chair, is responsible for ensuring that the commission complies with all government legislation, directives and policies related to information and records management.
The chair and the commission shall protect the legal, fiscal and other interests of the commission by implementing reasonable measures to ensure the ongoing viability, integrity, preservation and security of all official records created, commissioned or acquired by the commission. This includes, but is not limited to, all electronic records, such as emails, information posted on the ministry’s website(s), database data sets, and all records stored on personal computers and shared drives.
The chair and ministry administrator are responsible for ensuring measures are implemented requiring ministry staff supporting the commission, to create full, accurate and reliable records that document and support significant business transactions, decisions, events, policies and programs.
The Archives and Recordkeeping Act, 2006, S.O. 2006, Chapter 34, Schedule A applies to agencies that are prescribed as public bodies in Ontario Regulation 336/07. The commission, through the chair, is responsible for ensuring that the commission complies with the Archives and Recordkeeping Act, 2006, S.O. 2006, Chapter 34, Schedule A.

13.4 Intellectual property

The chair, on behalf of the commission, is responsible for ensuring that the legal, financial and other interests of the government related to intellectual property are protected in any contract that the commission may enter with a third party that involves the creation of intellectual property.

13.5 Freedom of information and protection of privacy

The chair and the minister acknowledge that the commission 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 and disposal of records.
The minister is the institution head for the purposes of the FIPPA.

13.6 Service standards

The commission shall establish customer service and quality standards that are consistent with the appropriate standards of the government, the ministry and the Ontario Public Service.
The chair will ensure that the commission delivers its services at a quality standard that reflects the principles and requirements of the OPS Service Directive.
The chair will ensure timely response to complaints about the quality of services received by clients of the commission consistent with the government’s service quality standards, as necessary.
The commission's annual business plan will include performance measures and targets for customer service and the commission's response to complaints.
The commission shall comply with the Accessibility for Ontarians with Disabilities Act.

14. Financial arrangements

14.1 General

All financial procedures for the commission shall be in accordance with applicable TB/MBC and Ministry of Finance directives and guidelines, ministry corporate financial and administrative policies and procedures, and other government guidelines, directives and policies, as set out in Appendix 3 of this MOU.
When ordered to do so by the Minister of Finance and/or the President of the Treasury Board, pursuant to Section 16.4 of the Financial Administration Act, the commission shall pay into the Consolidated Revenue Fund any money that the Minister of Finance and/or the President of the Treasury Board determines is surplus to its requirements.
Pursuant to Section 28 of the Financial Administration Act, the commission 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 and/or the President of the Treasury Board. The minister’s approval is required before seeking statutory approval from the Minister of Finance.

14.2 Funding

The commission shall maintain a bank account in its own name and manage its financial activities, including management of cash in accordance with the Ontario Financing Authority’s policy directions.
The commission is funded by the government, out of the Consolidated Revenue Fund pursuant to an appropriation authorized by the Legislative Assembly, and is subject to adjustments made by the minister, TB/MBC or the Legislative Assembly.
In consultation with the chair, the ministry staff prepares estimates of commission expenditures for inclusion in the business plan for presentation to the Legislative Assembly.
The estimates may, after appropriate consultation with the chair, be altered as required. The parties acknowledge that TB/MBC has final decision-making authority.
Financial procedures of the commission must be in accordance with the TB/MBC and Ministry of Finance directives and guidelines, and other applicable government direction.
As set out in the act, the commissioners are not remunerated but are entitled to such reimbursement for reasonable expenses as outlined in the MBC Travel, Meal and Hospitality Expenses Directive.

14.3 Financial reports

The chair, on behalf of the commission, will provide to the minister annual financial statements and will include them as part of the commission’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 Division.

14.4 Taxation status: harmonized sales tax (HST)

The commission is responsible for paying HST where applicable, in accordance with the Excise Tax Act (Canada).
Under the Canada-Ontario Reciprocal Taxation Agreement, the commission is entitled to claim HST government rebates in respect of any HST paid by the agency to suppliers, subject to any restrictions specified by Finance Canada.
The commission will not claim an HST government rebate in respect of tax for which it has claimed a refund, input tax credit or other rebate under the Excise Tax Act (Canada).
The commission is responsible for providing the Ministry of Finance or the Canada Revenue Agency, upon request, with any information necessary to determine the amount of an HST government rebate.

15. Audit and review arrangements

15.1 Audits

The commission 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 of Treasury Board Secretariat.
The Ontario Internal Audit Division may also carry out an internal audit, if approved to do so by the ministry’s Audit Committee or by the Corporate Audit Committee.
Regardless of any previous external audit, the minister may direct that the commission be audited at any time.
The commission will promptly provide a copy of every report from an audit to the minister and the Minister of Finance/President of Treasury Board. The commission will also provide a copy of its response to the audit report and any recommendations therein. The commission will advise the minister annually on any outstanding audit recommendations.
The chair, on behalf of the commission, may request an external audit of the financial transactions or management controls of the commission, at the commission’s expense.
The results of any audit conducted by the ministry/government will be shared with the chair. The chair will be accorded an opportunity to enter his/her comments in the audit record.

15.2 Other reviews

The commission is subject to periodic review initiated at the discretion and direction of TB/MBC or the minister. The review may cover such matters relating to the commission that are determined by TB/MBC or the minister, and may include the mandate, powers, governance structure and/or operations of the commission.
In requiring a periodic review, the minister or TB/MBC shall determine the timing and responsibility for conducting the review, the roles of the chair, the commission, and the minister, and how any other parties are involved.
A mandate review of the commission will be conducted at least once every six years.
The minister will consult the chair, on behalf of the commission, as appropriate during any such review.
The chair and the commission will cooperate in any review.
In the event of a review initiated at the direction of the minister, the minister shall submit any recommendations for change that are developed from the results of the review regarding the commission to TB/MBC for consideration.

16. Staffing and appointments

16.1 Delegation of human resources management authority

Where the PSC has delegated its powers, duties and functions in relation to human resources management to the deputy minister, chair or Prescribed Individual under Ontario Regulation 148/10, that person is accountable for exercising that authority in compliance with any relevant legislation, directives, or policies in accordance with the mandate of the commission, and within the parameters of the delegated authority.

16.2 Staffing requirements

The ministry will provide the commission with administrative services and program analysis as required through the Developmental and Supportive Services Branch to ensure the efficient operations of the commission.
The Developmental and Supportive Services Branch shall develop job descriptions for the ministry staff providing support to the commission.
The specific financial, analytical and administrative support services to be provided by the ministry to the commission are identified in Appendix 2 to this MOU.
The commission is supported by persons employed under Part III of the Public Service of Ontario Act, 2006.
The commission, in its dealings with ministry staff employed under Part III of the Public Service of Ontario Act, 2006, is subject to MBC human resource directives and Public Service Commission directives under the PSOA.

16.3 Appointments

The commissioners of the commission shall consist of at least three members and no more than 11 members appointed by the Lieutenant Governor in Council pursuant to section 6 (1) of the Soldiers’ Aid Commission Act, 2020.
A member of the commission may be appointed to hold office for a term of up to three years at the pleasure of the Lieutenant Governor in Council and may be reappointed pursuant to section 6 (2) of the Soldiers’ Aid Commission Act, 2020.
The majority of the members of the commission shall consist of Veterans or individuals who are either the parent, spouse, child or sibling of a Veteran pursuant to section 6 (3) of the Soldiers’ Aid Commission Act, 2020.
The Lieutenant Governor of Council shall designate a member of the commission as the chair of the commission and another member as the vice-chair pursuant to section 6 (4) of the Soldiers’ Aid Commission Act, 2020.

16.4 Remuneration/reimbursement

As set out in the act, the commissioners serve without remuneration.
Travel expenses of commissioners must comply with the MBC Travel, Meal and Hospitality Expenses Directives. Reasonable expenses shall be reimbursed.

17. Risk management, liability protection and insurance

17.1 Risk management

The chair, on behalf of the commission, is responsible for ensuring that a risk management strategy is developed for the commission, in accordance with the OPS Risk Management process.
The commission shall ensure that the risks it faces are addressed in an appropriate manner.

17.2 Liability protection and insurance

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

18. Effective date, duration and periodic review of the MOU

This MOU becomes effective on the date it is signed by the parties and continues in effect until it is revoked or replaced by a subsequent MOU signed by the parties.
A copy of the signed MOU and any successor MOU must be provided to the Secretary, Treasury Board/Management Board of Cabinet.
Upon a change in the minister or chair, both parties must affirm by letter that this MOU will continue in force without a review (and attach the signed letter to the MOU); 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 months of the new party or parties’ commencement.
Without affecting the effective date of this MOU, either the minister or chair may initiate a review of this MOU by written request to the other.
If either of the parties deems it expedient to amend this MOU, they may do so only in writing. Any amendment shall only be effective after approval by the parties.
A full review of this MOU will be conducted prior to expiry not more than five years following the date it came into effect, or immediately in the event of a significant change to the mandate, powers or governance structure as a result of an amendment to the Soldiers’ Aid Commission Act, 2020.
At a minimum, this MOU will be reviewed at least once every 5 years, or upon change in chair or minister to ensure it is current and consistent with government expectations.

Signatures

Colin Rowe, Chair, Soldiers’ Aid Commission
Todd Smith, Minister, Ministry of Children, Community and Social Services

Appendix 1: Summary of agency reporting requirements

Due date	Report or document	Names of responsible officials
Submitted annually within three (3) months prior to the agency’s fiscal year end	Agency Business Plan Prepares Approves Provides to minister	Chair
Submitted annually within 120 calendar days after the agency’s fiscal year end	Annual Report Prepares Approves Provides to minister	Chair
As required	Other Reports Prepares Approves Provides to minister	Chair
Annually	Financial Statements	Chair
Annually	Compliance Attestation	Chair
Reviewed at least once every 5 years or upon change in Chair or minister	Memorandum of Understanding	Minister/Chair

Appendix 2: Ministry support to the Soldiers’ Aid Commission

The deputy minister ensures that the ministry provides the following administrative support services to the Soldiers’ Aid Commission:

Financial administration: accounts payable and technical advice, purchasing, central mail services, and records and forms advisory services;
Information and technology and telecommunication services: advice and consultation;
Document preparation: preparing, in consultation with the chair, formal documents relating to the fulfilment of the commission’s mandate. Including corporate plans and budgets, annual business plans, statistical reports and other documentation;
Internal audit: financial compliance, management and information systems audits; operational reviews and special investigations as required;
Program analysis as required including: analysis for statistical reporting and support and technical expertise in the creation of the commission’s Business Plan.
Accommodation planning: including provision of adequate office space;
Freedom of information program services;
French language services, translation and interpretation services;
Communication and marketing consultation and advice, and
Performance measurement.

Appendix 3: Applicable Government of Ontario directives

The following TB/MBC and government directives, guidelines and policies apply to the Soldiers’ Aid Commission:
- Agencies & Appointments Directive
- Accountability Directive
- Advertising Content Directive
- Corporate Policy on Protection of Personal Information
- Procurement Directive
- Procurement Directive on Advertising, Public and Media Relations and Creative Communications Services
- Risk Management Policy
- Transfer Payment Accountability Directive
- Travel, Meal and Hospitality Expenses Directive
- Visual Identity Directive
The Soldiers’ Aid Commission is responsible for complying with all directives, policies and guidelines to which it is subject, irrespective of whether it is included on the list above.
The ministry will inform the commission of amendments or additions to directives, policies and guidelines that apply to the commission.

Appendix 4: Public communications protocol

Purpose
The purpose of this communications protocol is to set out a framework for the ministry and agency to collaborate on public communications opportunities. Clear and direct lines of communication between the ministry and its agencies are essential.
This communications protocol will support both the agency’s implementation of its legislated mandate and the promotion of the work it does. It will also support the minister’s accountability to the Legislative Assembly and to Cabinet for the same.
Definitions
1. “Public communications” means any material that is communicated to the public, either directly or through the media in:
  - Oral form, such as a speech or public presentation or stakeholder consultations
  - Printed form, such as a hard copy report
  - Electronic form, such as a posting to a website.
2. A “contentious issue” is a matter that is, or may reasonably be expected to be, of concern to the Legislative Assembly or the public, or is likely to result in inquiries being directed to the minister or government. Contentious issues may be raised by:
  - Members of the Legislative Assembly
  - The public
  - Media
  - Stakeholders
  - Service delivery partners.
The commission will comply with the TB/MBC Visual Identity Directive and identify itself in all media responses and news releases as an agency of the Government of Ontario.
The ministry and the commission will appoint persons to serve as “lead” liaisons for public communications matters.
The ministry lead is the Director, Developmental and Supportive Services Branch, and
The commission lead is the chair.
For the purpose of this protocol, public communications are divided into three categories:
1. Activities including but not limited to media responses or news releases related to the day-to-day business of the agency and its programs that do not have direct implications for either the ministry or the government.
  The commission should communicate their media responses or news releases to the ministry lead, who will circulate as appropriate to other individuals within the ministry.
  This category does not include contentious issues, media responses, or news releases that directly or indirectly announce grants or other funding to organizations.
2. Activities including but not limited to media responses, news releases, or communications plans where provincial or ministry messaging on government priorities would enhance the commission or the government’s profile or would provide opportunities for local MPP announcements.
  The commission lead will notify the ministry lead of upcoming media responses, news releases, and communications plans fifteen days in advance for all non-contentious items that might generate media interest.
  For non-contentious items that provide government messaging opportunities or involve funding announcements, the commission must also request approval of news releases or communications plans seven days prior to the date required.
  Final approval is required from the minister’s office. If the commission were not to receive comments or approval from the minister's office or ministry lead within forty-eight hours of the date on which the item is to be issued, the commission can proceed accordingly.
3. Activities including but not limited to contentious issues, media responses, and news releases that may have direct implications for either the ministry or the government, or are likely to result in inquiries being directed to the minister or government (including all funding or grant announcements and contentious issues).
  For all contentious issues, the commission lead will notify the ministry lead immediately upon becoming aware of the issue and will notify the minister’s office simultaneously. The ministry lead may also advise the commission of contentious issues that require attention. The commission will provide all required background information on the issue to the ministry lead, who will arrange to have a contentious issue note prepared.
  The commission must obtain ministry approval prior to issuing media responses or news releases in this category. The commission lead will provide the media responses or news releases to the ministry lead who will initiate the approval process within the ministry.
  Final approval on media responses and news releases in this category is required from the minister’s office.

Updated: January 28, 2022

Published: January 04, 2021