MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTER OF COMMUNITY AND SOCIAL SERVICES AND THE CHAIR OF THE SOLDIERS AID COMMISION

2 1.0 PURPOSE a. To set out the accountability relationships between the Minister and the Chair. b. To clarify the roles and responsibilities of the Minister, the Chair, and the Deputy Minister. c. To clarify the operational, administrative, financial, auditing and reporting relationship/arrangement between the Commission and the Ministry. d. This MOU and the legislation governing the Commission should be read together with the Act. e. To determine the manner in which Commission governs itself. This MOU does not affect, modify, limit or interfere with the responsibility of any of its parties under the law. In the event of any conflict between this MOU and any act or regulation, the act or regulation prevails. f. This MOU: comes into effect on the date of its signature by the parties; will continue in effect for five years or until a new MOU is agreed to; must be reviewed at the request of any of the parties to it, and must be reviewed at the expiry of its term. 2.0 DEFINITIONS In this MOU: a. Act means Soldiers Aid Commission Act, R.S.O. 1960, C.377 and the Soldiers Aid Commission Amendment Act, b. Commission means the Soldiers Aid Commission. c. AEAD means Agency Accountability and Establishment Directive d. Appointee means a director or other member appointed to the Commission by the Minister or by the Lieutenant Governor in Council but does not mean an individual employed/appointed by the Commission as staff. e. Chair means the Chair of the Soldiers Aid Commission. f. Deputy Minister means the Deputy Minister of the Ministry of Community and Social Services. 2

3 g. Minister means the Minster of the Ministry of Community and Social Services. h. Ministry means the Ministry of Community and Social Services. i. PSOA means the Public Services of Ontario Act, 2008, S.O 2006, c.35 Schedule A j. TB means Treasury Board. 3.0 COMMISSION S LEGAL AUTHORITY AND MANDATE a. The legal authority for the Commission is set out in the Act. b. The Commission s mandate is to provide assistance to those who served in a theatre of war in WWI, WWII and the Korean War, as well as to those who enlisted in Canada and whose service was confined to Canada during WWII ( Veterans ). Assistance may also be extended to any spouse, widow, child or dependent relative of a Veteran ( Relative ). c. The mandate of the Commission includes the administration of applications for assistance made by Veterans and their Relatives and, when approved, to assist with items of extraordinary need. The financial circumstances of the applicant are among the prime determinants of eligibility for assistance. 4.0 DUTIES AND FUNCTIONS OF THE COMMISSION The duties and functions of the Commissions are as follows: a. The Commission accepts applications for assistance on behalf of Veterans in need by way of associations such as the Royal Canadian Legion, the Department of Veterans Affairs ( DVA ) and the Army, Air Forces and Navy Benevolent Funds. b. The Commission provides funds for items such as drugs, glasses, dentures, wheelchairs, home repairs, prosthetic devices, clothing, furniture and other specialized support services up to a maximum of $ The maximum may be increased up to $2, at the discretion of the Commission in order to avoid unnecessary hardship. These amounts can be granted once in a two-year period. 3

4 c. The Commission may share in the cost of special items and services with other veterans organizations, where costs exceed the maximum allowable amounts. d. The Commission provides assistance under two basic categories: Minor Assistance: Covers items up to $ in value. Any Commission member or designated employee may approve a request under $ On behalf of the Commission, counsellors in District DVA offices may grant up to $50.00 to eligible veterans without prior Commission authorization, and between $50.00 and $ to eligible applicants with telephone authorization from the Commission. The DVA bills the Commission on a monthly basis for reimbursement of grants made on behalf of the Commission. These must be approved at a Commission meeting. Major Assistance: Includes items and services ranging from $ to $2, in value. All applicants for major assistance are reviewed at Commission monthly meetings. Those which require urgent attention are decided upon then confirmed at the next scheduled meeting. The decision to provide assistance to an individual is not subject to approval by the Minister or any official of the Ministry, nor is the decision subject to appeal. 5.0 CROWN AGENCY STATUS a. The Commission is not a Crown Agency within the meaning of the Crown Agency Act. 6.0 AGENCY CLASSIFICATION a. The Commission is classified as an Operational Service Agency under the AEAD. 7.0 GUIDING PRINCIPLES The parties agree to the following principles: 4

5 a. The Minister acknowledges that the Commission is a statutory entity that exercises powers and performs its duties in accordance with its mandate. The Commissions decisions in regard to the review and approval of applications and grants must be made and seen by the public to be made independently and impartially. b. The Minister acknowledges that the Commission plays a meaningful role in the development of policies and programs of the government, as well as the implementation of those policies and delivery of programs. c. The Minister acknowledges that the Commission operates at arms length from the Government of Ontario with respect to the provision of assistance. d. The Chair acknowledges that accountability is a fundamental principle to be observed in the management, administration and operations of the Commission. e. As an agency of the government, the Commission conducts itself according to the management principles of the Government of Ontario. The principles include ethical behaviour, accountability, excellence in management, wise use of public funds, high quality service to the public, and fairness in the marketplace. f. The Commission and the Ministry agree to avoid duplication of services wherever possible. 7.1 Consultation and Communication The parties recognize that the timely exchange of information and consultation is essential to success in discharging their respective responsibilities. The parties therefore agree that: a. The Chair will keep the Minister advised of issues or events that concern or can be reasonably expected to concern the Minister in the exercise of his/her responsibilities. b. The Minister will ensure that the Chair is consulted on a timely basis on initiatives proposed to amend the legislation or regulations that govern the Commission s mandate or operations or that otherwise have significant impact on the Commission, as appropriate. This commitment includes consultation on any review of the Commission s mandate or assessment of the continuing public need of its services. c. The Minister and Chair will consult with each other on public communications strategies and publications. They will keep each other 5

6 informed on the results of stakeholder and other public consultations and discussions. d. The Minister and Chair will meet as needed to discuss issues relating to the delivery of the Commission s mandate. e. With the exception of the Ministry s Audit Services Branch, the Ministry shall not have access to or review the files of the Commission without express written authorisation of the Chair. f. By mutual agreement, the Commission and the Ministry agree to the amendments set out in Schedule B to this MOU (attached). 8.0 ACCOUNTABILITY RELATIONSHIPS 8.1 Minister The Minister is accountable: a. To Cabinet and the Legislative Assembly for the Commission s fulfilment of its mandate, its compliance with government policies and for reporting on the Commission s affairs. b. For attesting, reporting and responding to Treasury Board/Management Board of Cabinet on the Commission s performance and compliance with government applicable directives and operational policies. c. To the Cabinet for the performance of the Commission and its compliance with the government s operational policies and broad policy directions. d. For receiving and ensuring that the Commission s annual report is available to the public after tabling with the Legislative Assembly. 8.2 Chair The Chair is accountable: a. To the Minister for the performance of the Commission in fulfilling its mandate and for carrying out the roles and responsibilities assigned to the Chair by Management Board directives, the constituting statutes/regulations and the MOU. Without limiting the foregoing, the Chair acknowledges that he/she will operate the Commission in accordance with Schedule B to this MOU. b. For reporting to the Minister, as requested, on the Commission s activities 6

7 c. For ensuring timely communications with the Minister timely communications with the Minister regarding any issue that affects or can reasonably affect, the Minister s responsibilities for the Commission. d. For providing comments and input at least once a year to the Ministry s Manager, Provincial Adult Services, Services and Supports Branch ( Manager ) regarding the performance of the administrative assistant assigned to provide specific services to the Commission. e. For providing comments in writing at least once a year to the Ministry s Director, Services and Supports Branch regarding the provisions of services to the Commission. 8.3 Deputy Minister a. 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 to him/her by the Minster, by Management Board directives and the MOU. 8.4 Manager, Provincial Adult Services, Services and Supports Branch a. The responsibility for the provision of administrative support and program analysis to the Commission rests with the Manager. b. The Manager will ensure that administrative, financial and analytical supports adequate to the requirements of the Commission are provided. The Manager is responsible for ensuring that Management Board guidelines and directives are provided to the Chair and that the Chair is provided with advice regarding financial management, analytical and administrative issues not connected to the Commission s review and approval of applications and grants. c. Only the Chair will provide direction to the staff providing support to the Commission in matters related to the review and approval of applications before the Commission. The Manager will provide direction and supervision to staff providing support to the Commission with respect to financial management, program analysis and administrative issues unconnected with the Commission s review and approval of applications and grants. d. The Manager is accountable to the Director, Services and Supports Branch and ultimately to the Deputy Minister for providing financial, analytical and administrative support to the Commission. 7

8 9.0 CONFLICT OF INTEREST a. The Chair is responsible for ensuring that appointees and staff of the Commission are informed of 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 ROLES AND RESPONSIBILITIES 10.1 Role of the Minister The Minster is responsible for: a. Reporting and responding to the Legislative Assembly on the affairs of the Commission b. Attesting, reporting and responding to Treasury Board/Management Board of Cabinet ( TB/MBC ) on the Commission s performance, compliance with applicable TB/MBC directives, the government s operational policies and policy directions c. Where required, recommending to TB/MBC the merger, any change to the Commission s mandate or dissolution of the Commission d. 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 e. Determining at any time the need for a review or audit of the Commission and recommending to TB/MBC any changes to the governance or administration of the Commission resulting from any such review or audit f. When appropriate or necessary, taking action or directing that corrective action be taken with respect to the Commission s administration or operations g. Receiving the Commission s annual report and ensuring that the annual report is made available to the public after tabling it in the Legislative Assembly h. Informing the Chair of the government s priorities and broad policy directions for the Commission i. Consulting, as appropriate, with the Chair (and others) on significant new directions or when the government is considering regulatory or legislative changes for the Commission 8

9 j. Developing the Commission s MOU with the Chair and signing it into effect after it has been signed by the Chair k. Recommend the Commission s MOU to TB/MC for approval before it is signed by all parties. l. Reviewing and approving the Commission s annual business plan m. Directing the Chair to undertake reviews of the Commission on a periodic basis, and making recommendations to TB/MBC as may be required after such reviews are completed. n. Reviewing and recommending appointments and re-appointments to candidates for appointment to the Commission pursuant to the process for agency appointments established by legislation or by Management Board, after consultation with the Chair, as appropriate Role of the Chair The Chair is responsible for: a. Providing leadership to the Commission b. Ensuring the implementation of actions that support the goals, objectives, and strategic direction of the Commission c. Seeking strategic policy direction for the Commission from the Minister d. 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 e. 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 f. Monitoring the performance of the Commission g. Reporting to the Minister as requested on the Commission s activities within agreed upon timelines h. Ensuring that the Commission operates within its approved budget allocation in fulfilling its mandate 9

10 i. Developing the Commission s MOU with the Minister and signing it on behalf of the board j. Reviewing and approving the Commission s business plan, budget, annual report and financial reports, and submitting them to the Minister in accordance with the time lines specified in the applicable TB/MBC and Ministry of Finance directives, and this MOU k. Providing both the Minister and the Minister of Finance with a copy of every audit report, a copy of the Commission s response to each report, and any recommendations in the report l. Advising the Minister annually on any outstanding audit recommendations m. Ensuring that members are informed of their responsibilities under the PSOA with regard to the rules of ethical conduct (Part IV of the PSOA), including the political activity rules (Part V of the PSOA) n. Making sure that appropriate management systems are in place (financial, information technology, human resource) for the effective administration of the Commission o. Making sure that an appropriate framework is in place for Commission staff and appointees to receive adequate orientation and training p. Making sure that Commission staff and appointees are aware of and comply with applicable TB/MBC and Ministry of Finance directives q. Making sure a process for responding to and resolving complaints from the public and the Commission s clients is in place r. Carrying out effective public communications and relations for the Commission as its chief spokesperson s. Cooperating with any review or audit of the Commission directed by the Minister or TB/MBC t. Fulfilling the role of ethics executive for public servants who are government appointees to the Soldiers Aid Commission promoting ethical conduct and ensuring that all members of the Commission 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. u. Setting the goals, objectives, and strategic directions for the Commission within its mandate as defined by the AEAD 10

11 v. Direct the affairs of the Commission so as to fulfill its mandate as defined by the AEAD. w. Developing performance measures and targets for the Commission x. Approving the Commission s annual business plan for submission to the Minister y. Ensuring that public funds are used for the purpose intended with integrity and honesty z. Direct that corrective action relating to the operations of the Commission be taken, if needed aa. Making decisions consistent with the business plan approved for the Commission. bb. Making decisions consistent with the business plan approved for the Commission cc. Preparing the Commission s annual report for submission to the Minister in a manner timely enough to allow the Minister to meet the requirements for tabling of the report in the Legislative Assembly Role of the Deputy Minister The Deputy Minister is responsible for: a. Advising and assisting the Minister regarding the Minister s responsibilities for the Commission b. Advising the Minister on the requirements of the AEAD, the Government Appointees Directive and other directives that apply to the Commission c. Recommending to the Minister, as may be necessary, the evaluation or review, including a risk-based review, of the Commission or any of its programs, or changes to the management framework or operations of the Commission d. Facilitating regular briefings and consultations between the Chair and Minister, and between Ministry staff and Commission staff e. Attesting to TB/BC as required, to the Commission compliance with the mandatory accountability requirements set out in the AEAD 11

12 f. 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 g. 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 or service delivery objectives h. Undertaking timely risk-based reviews of the Commission, its management or operations, as may be directed by the Minister or TB/MBC i. Establishing a framework for reviewing and assessing the Commission s business plans and other reports j. Supporting the Minister in reviewing the performance targets, measures and results of the Commission k. Advising the Minister on documents submitted by the Commission to the Minister for review or approval, or both l. Submitting to the Minister, as part of the annual planning process, a risk assessment and management plan for each risk category m. Undertaking reviews of the Commission as may be directed by the Minister n. Cooperating with any review of the Commission as directed by the Minister or TB/MBC o. 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 p. Negotiating a draft MOU with the Chair as directed by the Minister q. Meeting with the Chair as needed or as directed by the Minister r. Arranging for administrative, financial and other support to the Commission as specified in this MOU s. Informing the Chair, in writing, of new government directives and any exceptions to or exemptions in whole or in part from TB/MBC directives or Ministry administrative policies t. When required, submitting a report to the secretaries of TB/MBC on the wind-down of the Commission, disposition of any assets, completion of 12

13 any outstanding responsibilities by the Commission, and the termination of any appointments 10.4 Role of the Manager The Manager is responsible for: a. Managing the financial, analytical and administrative affairs of the Commission in accordance with accepted business and financial practices and standards and with Management Board directives and guidelines, and the Corporate Financial and Administrative Policies and Procedures Manual of the Ministry. b. 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. c. Keeping the Chair informed and up-to date on all matters relating to administrative and financial operations. d. Recruiting, training, and supervising administrative staff in support of the Commission s function and consulting the Chair as required. e. Providing assistance where requested in preparation of formal documents relating to the fulfilment of the Commission s mandate REPORTING REQUIREMENTS 11.1 Business Plan a. The Chair will ensure that the Minister is provided annually with the Commission s business plan covering a minimum of three years from the current fiscal year that includes a financial budget and a risk management plan, for approval within the timelines established by the Minister for this purpose. b. The Chair is responsible for ensuring that the Commission s annual business plan meets the requirements of the AEAD. c. 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 AEAD to assess risks, develop and maintain necessary records and report to TB/MBC. 13

14 d. 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. e. 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. f. In addition, TB/MBC may require the Minister to submit the Commission s business plan to TB/MBC for review at any time Annual Reports a. 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 90 days of the Commission s fiscal year end Other Reports a. At the request of the Minister or Deputy Minister, the Chair is responsible for supplying specific data and other information that may be required from time-to-time for the purpose of Ministry administration COMMUNICATIONS 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 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 to be kept informed of the government initiatives and broad policy directions that may affect the Commission s mandate and functions. The parties, therefore, agree as follows: a. The Chair will keep the Minister advised, in a timely manner, of all planned events and issues that concern or can be reasonably expected to concern the Minister in the exercise of her responsibilities b. The Minister will consult with the Chair, as appropriate, on broad government policy initiatives or legislation being considered by the government that may impact on the Commission s mandate or functions 14

15 c. The Minister and the Chair will consult with each other on public communications strategies and publications. They will keep each other informed of the results of stakeholder and other public consultations and discussions d. 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 e. The Deputy Minister and the Chair will meet at least as requested by either party to discuss issues relating to the efficient operation of the Commission and the provision of services by the Ministry to the Commission ADMINISTRATIVE ARRANGEMENTS 13.1 Applicable Treasury Board/Management Board of Cabinet and Ministry of Finance Directives a. The Chair is responsible for ensuring that the Commission operates in accordance with all applicable TB/MBC, Public Service Commission, and Ministry of Finance directives, as well as applicable ministry financial and administrative policies and procedures. Appendix B to this MOU provides a list of applicable directives and policies b. The Chair is responsible for ensuring that the legal, financial and other interests of the government in intellectual property are protected in any contract that the Commission may enter into with a third party that involves the creation of intellectual property Legal Services a. Legal services to the Commission are provided by independent counsel retained by the Commission. b. The Ministry of the Attorney General must approve the retention of outside legal counsel by the Commission. The Commission will refer to and comply with the Management Board directives on legal services and the retention of counsel when obtaining external legal counsel Freedom of Information and protection of Privacy The Minister is the institution head for the purposes of the Freedom of Information and Protection of Privacy Act. 15

16 13.4 Delegation of Human Resource Management Authority Under the Public Service of Ontario Act, 2006 Where the PSC has delegated its powers, duties and functions in relation to HR management to the Deputy Minister, Chair or Prescribed Individual under 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 Records Management The Chair is responsible for ensuring that a system is in place for the creation, collection, maintenance, and disposal of records Client/Customer Service a. 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. b. The Commission will develop by December 31, 2011 a formal process for responding to complaints about the quality of services received by clients of the Commission consistent with the government's service quality standards. c. The Commission's annual business plan will include performance measures and targets for customer service and the Commission's response to complaints FINANCIAL ARRANGEMENTS 14.1 Funding a. The Commission is funded by the Government of the Ontario, out of the Consolidated Revenue Fund, pursuant to an appropriate amount of funding authorized by the Legislature. b. In consultation with the Chair, the Manager prepares estimates of Commission expenditures for inclusion in the business plan of the Ministry for presentation to the Legislature. c. Financial procedures of the Commission must be in accordance with the Management Board directives and guidelines, and the Corporate Financial and Administrative Policies and Procedures manual and other directives of the Ministry and government. 16

17 d. As set out in the Legislation, the Chair and the members of the Commission serve without remuneration. The Manager has spending authority and will approve invoices and claims that comply with the directives, guidelines and policies, consulting the Chair as required. e. The Commission will be provided with monies equal to the disbursements for the year to cover the costs of approved disbursements made by the Commission to cover travel expenses and other necessary disbursements incurred by Commissioners in the course of their duties. f. When ordered to do so by the Minister of Finance, 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 determines is surplus to its requirements. g. 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. The Minister s approval is required before seeking statutory approval from the Minister of Finance Financial Reports The Chair 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 Taxation Status: Harmonized Sales Tax (HST) The Commission does not receive a CVAT rebate under the Comprehensive Integrated Tax Coordination Agreement 15.0 AUDIT and REVIEW ARRANGEMENTS a. As a transfer payment funded agency, the Commission will maintain operating financial records and books of accounts respective of services provided. b. 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. 17

18 c. 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. d. Regardless of any annual external audit, the Minister may direct that the Commission be audited at any time. e. The Commission will promptly provide a copy of every report from an audit to the Minister and the Minister of Finance. 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. f. The Chair may request an external audit of the financial transactions or management controls of the Commission at the Commission s expense. g. The results of any audit conducted by the Ministry/government staff will be shared with the Chair. The Chair will be accorded an opportunity to enter his/her comments in the audit record. h. The Chair may request an external audit of the financial transactions or management controls of the Commission at the Commission s expense STAFFING and APPOINTMENTS a. The Chair will ensure Commission compliance with Management Board directives and guidelines, and Corporate Financial and Administrative Policies and Procedures Manual of the Ministry. b. The Ministry will provide the Commission with administrative services and program analysis as required through Services and Supports Branch sufficient to ensure the efficient and effective administration of the Commission. c. The Services and Supports Branch shall develop job descriptions for the staff providing administrative services to the Commission in consultation with the Chair. d. The specific financial, analytical and administrative support services to be provided by the Ministry to the Commission are identified in Schedule A to this MOU. e. The Ministry is responsible for providing administrative support to the operation of the Commission including the preparation of cheques and maintenance of financial records. 18

19 f. The Commission is staffed by persons employed under Part III of the Public Service of Ontario Act, 2006 g. Ministry employees are assigned to the Commission as and when required. h. The Commission, in its dealings with staff employed under Part lll of the Public Service of Ontario Act, 2006, is subject to MBC human resource directives and Public Service Commission directives under the PSOA. i. The members of the Commission are appointed by Order-In-Council. There is no fixed term of appointment. As set out in the Act, the members of the Commission (Chair and Commissioners) serve without remuneration 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 EFFECTIVE DATE AND DURATION AND PERIODIC REVIEW OF THE MOU 18.1 Effective Date of MOU a. This MOU becomes effective on the date it is signed by the parties. b. This MOU will continue in effect for not more than five years from the effective date, unless it is replaced by a new MOU as a result of a significant change in the Commission s mandate, governance structure or powers. c. This MOU will remain in force for no more than six months after its expiry date until a signed MOU is provided to the Secretary, Management Board of Cabinet. d. If a new Minister or Chair takes office before this MOU expires, the Minister and Chair must affirm by letter that the MOU will continue in force without a review; or alternatively, they may agree to revise it. A copy of the letter of affirmation between the Minister and Chair must be provided to the Secretary, Management Board of Cabinet within six months of the new party or parties commencement. e. 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. 19

20 f. A full review of this MOU will be conducted prior to its expiry not more than five years following the date it came into effect, or immediately in the event of a significant change to the Commission s mandate, powers or governance structure as a result of an amendment to the Act Reviews The Commission may be subject to a review 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. The Minister will consult the Chair as appropriate during any such review. The Chair will cooperate in any review SIGNATURES Date Minister Ministry of Community and Social Services Date Chair Soldiers Aid Commission 20

21 APPENDIX A SUPPORT to the SOLDIERS AID COMMISSION The Deputy Minister ensures that the Ministry provides the following administrative support services to the Commission: a) Financial administration: accounts payable and technical advice, purchasing, central mail services, and records and forms advisory services; b) Information and technology and telecommunication services: advice and consultation; c) 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; d) Internal audit: financial compliance, management and information systems audits; operational reviews and special investigations as required; e) Program analysis as required including: analysis for statistical reporting and support and technical expertise in the creation of the Commissions Business Plan, and Transfer Payment Annual Reconciliation (TPAR); f) Accommodation planning: including provision of adequate office space; g) Freedom of information program services; h) French language services, translation and interpretation services, and i) Communication and marketing consultation and advice. 21

22 APPENDIX B APPLICABLE TB/MBC AND MINISTRY OF FINANCE DIRECTIVES a) The Chair will follow Ministry s procedures and will operate the Commission in accordance with all administrative policies established and specified in all Management Board or Treasury Board Directives or Guidelines, or any amendments to those Directives or Guidelines or new Directives or Guidelines, which come into effect from time to time. These Directives include, but are not limited to the following: Agency Establishment and Accountability Directive; Accountability Directive; Advertising Content Directive; Government Appointees Directive; Procurement Directive; Travel, Meal & Hospitality Directive; Procurement Directive on Advertising, Public and Media Relations and Creative Communications Services, and Government Appointees Directive. b) 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. 22

23 APPENDIX C PUBLIC COMMUNICATIONS PROTOCOL 1. Definitions a. "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; Printed form, such as a hardcopy report, and Electronic form, such as a posting to a website. b. 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. 2. 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. 3. The Ministry and the Commission will appoint persons to serve as public communications leads. The Ministry lead is the Director, Services and Supports Branch, and The Commission lead is the Chair. 4. For the purpose of this protocol, public communications are divided into three categories: a. Media responses or news releases related to the day-to-day business of the Commission 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, and 23

24 This category does not include contentious issues, media responses, or news releases that directly or indirectly announce grants or other funding to organizations b. Media responses, news releases, or communications plans where provincial or Ministry messaging on government priorities would enhance the Commission s 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 which provide government messaging opportunities or which involve funding announcements, the Commission must also request approval of news releases or communications plans seven days prior to the date required, and 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. c. 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 grants 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 issues 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 response or news releases to the Ministry lead who will initiate the approval process within the Ministry, and Final approval on media responses and news releases in this category is required from the Minister s office. 24