SIU-MAG Memorandum of Understanding

Memorandum of Understanding
Between
The Attorney General of Ontario
and
Director of the Special Investigations Unit

1. Preamble

1. Provincial agencies deliver important and valued services to the people of Ontario. In delivering these public services, provincial agencies are accountable to the government through the responsible minister.
   
2. Provincial agencies must use public resources efficiently and effectively to carry out their mandates, as established by their respective constituting instruments and in alignment with the key priorities of the provincial government. Their operations are guided by the key principles of the Agencies and Appointments Directive (AAD).
   
3. The parties to this MOU acknowledge that the agency is part of government and is required to comply with legislation, government directives, policies and guidelines applicable to them. Further, the agency may be required to ensure that their directives and policies adhere to certain government directives, policies and guidelines, including those for human resources, while being mindful of collective agreement and bargaining obligations.

2. Purpose

1. The purpose of this memorandum of understanding (MOU) is to:
• Establish the accountability relationships between the Minister of the Ministry of the Attorney General and the Director of the Special Investigations Unit (SIU) on behalf of the agency.
• Clarify the roles and responsibilities of the Minister, the SIU Director, the Deputy Minister, and the agency Executive Officer.
• Clarify the operational, administrative, financial, staffing, auditing and reporting arrangements between the SIU and the Ministry of the Attorney General (MAG) that support the accountability requirements within a framework which recognizes that the Director makes independent regulatory decisions in relation to investigations.
  
2. This MOU should be read together with the Special Investigations Unit Act, 2019 (SIU Act). This MOU does not affect, modify or limit the powers of the agency as set out under the SIU Act, 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.
   
3. This MOU replaces the memorandum of understanding between the parties dated February 17, 2022.

3. Definitions

In this MOU:

1. “AAD” means the Agencies and Appointments Directive, issued by Management Board of Cabinet
2. “Agency” or “provincial agency” means Special Investigations Unit (SIU);
3. “Annual Report” means the annual report referred to in article 10.2 of this MOU;
4. “Applicable Government Directives” means the government directives, policies, standards and guidelines that apply to the agency, as may be amended or replaced from time to time;
5. “Artificial intelligence system” means a machine-based system that, for explicit or implicit objectives, makes inferences, from the input it receives, in order to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments;
6. "Appointee" means a person appointed to the agency by the Lieutenant Governor, but does not mean an individual employed or appointed by the agency as staff;
7. “Business Plan” means the annual business plan described under article 10.1 of this MOU;
8. “Constituting instrument” means the Special Investigations Unit Act, 2019 (SIU Act) that established the agency;
9. “Director” means the Director of the Special Investigations Unit appointed under subsection 5 (1) of the SIU Act;
10. “Deputy Minister” means the Deputy Minister of the Ministry of the Attorney General;
11. “Designated Executive” means designated executive defined in the Broader Public Sector Executive Compensation Act, 2014, S.O. 2014;
12. “Executive Council Act” means the Executive Council Act, R.S.O. 1990, c. E. 25, as amended;
13. “Executive Officer” means Executive Officer, or equivalent of the Special Investigations Unit;
14. “FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended.
15. “Fiscal Year” means the period from April 1 to March 31;
16. “Government” means the Government of Ontario;
17. “MBC” means the Management Board of Cabinet;
18. “Member” means an individual appointed to the agency by the Lieutenant Governor in Council, but does not mean an individual employed or appointed by the agency as staff;
19. “Minister” means the Minister of the Ministry of the Attorney General 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;
20. “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;
21. “Ministry” means the Ministry of the Attorney General or any successor to the ministry;
22. “MOU” means this memorandum of understanding signed by the Minister and the SIU Director;
23. “OPS” means the Ontario Public Service;
24. “Official” means an “official” as define in subsection 1 (1) of the SIU Act, namely, (a) a police officer; (b) a special constable employed by the Niagara Parks Commission; and (c) a person designated as a peace officer for the purposes of section 103 of the Legislative Assembly Act;
25. “President of the Treasury Board” means the President of the Treasury Board or such person who may be designated from time to time under the Executive Council Act;
26. “PSC” means the Public Service Commission;
27. “PSOA” means the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A, as amended;
28. “SIU Act” means the Special Investigations Unit Act, 2019, S.O. 2019, c. 1, Sched. 5;
29. “TBS” means the Treasury Board Secretariat;
30. “TB/MBC” means the Treasury Board/Management Board of Cabinet;

Agency’s Legal Authority and Mandate

1. The legal authority of the Special Investigations Unit is set out in the Special Investigations Unit Act, 2019, S.O. 2019, c. 1, Sched. 5.
2. The provincial agency’s mandate is set out in the Special Investigations Unit Act, 2019, S.O. 2019, c. 1, Sched. 5 which states that the agency’s objects are to conduct investigations into incidents involving officials that have resulted in serious injury, death, the discharge of a firearm at a person, or reports of sexual assault by a person against an official.

4. Agency Type, Function and Public Body Status

1. The agency is designated as a non-board-governed provincial agency with a Regulatory (without governing board) function under the Agencies and Appointments Directive.
   
2. The agency is prescribed as a public body and a Commission public body in accordance with Ontario Regulation 146/10 under the PSOA.

5. Corporate Status and Crown Agency Status

1. The agency is not a Crown agency within the meaning of the Crown Agency Act.
   
2. The provincial agency does not have the capacity, rights, power and privileges of a natural person for carrying out its objects.

6. Guiding Principles

The parties agree to the following principles:

1. Accountability: Provincial agencies deliver public services and are accountable to the government through the responsible minister. In delivering on their mandate, provincial agencies balance operational flexibility with the minister’s accountability for the provincial agency to Cabinet, the Legislative Assembly and the people of Ontario. Accountability of the minister for each provincial agency cannot be delegated.
   Every provincial agency complies with all applicable legislation and Ontario Public Service (OPS) directives and policies. Further, agencies ensure that their directives and policies adhere to certain government directives, policies and guidelines, including those for human resources, while being mindful of collective agreement and bargaining obligations. This includes applicable legislation and directives related to procurement.
   
2. Responsiveness: Provincial agencies align their mandate and operations with government priorities and direction. Open and consistent communication between provincial agencies and their responsible ministry helps ensure that government priorities and direction are clearly understood and helps to manage risks or issues as they arise. Provincial agencies deliver a high standard of public service that meets the needs of the population that they serve.
   
3. Efficiency: Provincial agencies use public resources efficiently and effectively to carry out their mandates, as established by their respective constituting instruments. They operate in a cost-effective manner, and pursue efficiencies throughout the agency’s service delivery and administration.
   
4. Sustainability: Provincial agencies operate in a way so that their current form is sustainable over the long-term while delivering a high standard of service to the public.
   
5. Transparency: Good governance and accountability practices for provincial agencies are complemented by transparency in the form of public posting of governance and accountability documents including the business plan, annual report, MOU and expenses information.
   
6. Impartial decision-making is the paramount requirement.

7. Accountability Relationships

7.1 Minister

The Minister is accountable:
To Cabinet and the Legislative Assembly for the agency’s fulfilment of its mandate and its compliance with government policies, and for reporting to the Legislative Assembly on the agency’s affairs.

1. For reporting and responding to Treasury Board/Management Board of Cabinet on the agency’s performance and compliance with government’s applicable direction, including directives and operational policies.
2. To the Cabinet for the performance of the agency and its compliance with the government’s operational policies and broad policy directions.

7.2 Director

The Director is accountable:

1. To the Minister for the agency’s performance in fulfilling its mandate, and for carrying out the roles and responsibilities assigned to the Director by the SIU Act and other applicable legislation, this MOU, and applicable government directives and policies.
2. For reporting to the Minister, as requested, on the agency’s activities.
3. 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 agency.
4. To the Minister to confirm the agency’s compliance with legislation, government directives, and applicable accounting, financial, and I&IT policies.

7.3 Deputy Minister

8. Roles and Responsibilities

8.1 Minister

9. Ethical Framework

1. The members of the provincial agency 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.
   
2. Members shall not use any information gained as a result of their appointment to or membership on the agency for personal gain or benefit. A member who has reasonable grounds to believe that they have a conflict of interest in a matter before the agency, or a committee of the agency, shall disclose the nature of the conflict to the Director at the first opportunity and shall refrain from further participation in the consideration of the matter. The Director shall cause to be recorded in the minutes of the meeting of the agency any declared conflicts of interest.
   
3. The Ethics Executive for agency staff is the Executive Officer, as set out in O. Reg. 147/10 under the PSOA. The Ethics Executive is responsible for ensuring that staff of the agency 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 agency.

10. Reporting Requirements

10.1 Business Plan

1. The Director will ensure that the Minister is provided annually with the agency’s business plan covering a minimum of three (3) years from the upcoming fiscal year, unless otherwise specified by TB/MBC, for approval by the Minister. The annual business plan shall be in accordance with the requirements set out in the AAD.
2. The draft annual business plan is to be submitted to the ministry’s chief administrative officer or designated equivalent no later than 90 calendar days prior to the beginning of the agency’s fiscal year-start, and the Director-approved business plan is to be submitted to the Minister for approval no later than 30 calendar days prior to the beginning of the provincial agency’s fiscal year.
3. The Director is responsible for ensuring that the agency’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 targeted results and timeframes.
4. The Director will ensure that the business plan includes a summary of HR impacts, including: current number of employees expressed as full-time equivalents and current number of executives.
5. The Director will ensure that the business plan includes a risk assessment and risk management plan. This will assist the ministry in developing its risk assessment and risk management plan information in accordance with the requirements of the AAD to assess risks, develop and maintain necessary records, and report to TB/MBC.
6. The Director will ensure that the business plan includes an inventory of the provincial agency’s artificial intelligence (AI) use cases in accordance with requirements of the Responsible Use of AI Directive.
7. The Director 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 agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the agency. If necessary, this confidential information, included in the Minister-approved business plan, may be redacted in the publicly posted version.
8. The Minister will review the agency’s annual business plan and will promptly advise the Director whether or not they concur with the directions proposed by the agency. The Minister may advise the Director where and in what manner the agency’s plan varies from government or ministry policy or priorities as may be required, and the Director will revise the agency’s 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.
9. The Minister will approve or provide suggested changes to the business plan no later than 30 calendar days from the Minister receipt of the report. In certain circumstances, Minister approval may be given to only certain portions of a business plan as submitted by an agency.
10. The parties acknowledge that TB/MBC may require the Minister to submit the agency’s business plan to TB/MBC for review at any time.
11. The Director, through the Executive Officer or equivalent, will ensure that the Minister approved business plan is made available to the public in an accessible format (to comply with the Accessibility for Ontarians with Disabilities Act, 2005), in both official languages (to comply with the French Language Services Act), on the SIU website no later than 30 calendar days from Minister approval of the plan.

10.2 Annual Reports

1. The Director will ensure that the ministry is provided annually with the agency’s annual report. The annual report shall be in accordance with the requirements set out in the AAD.
2. The Director is responsible for ensuring that the provincial agency’s annual report is prepared and submitted to the ministry for approval within 90 calendar days after the agency’s fiscal year-end.
3. The Director, with the support of the Executive Officer or equivalent, will ensure that the annual report is prepared in the format specified in the AAD.
4. The Director will ensure that the annual report includes a summary of HR impacts, including: number of employees expressed as full-time equivalents, and number of executives.
5. The Director, with the support of the Executive Officer or equivalent, 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, trade secrets, information that would prejudice the financial or commercial interests of the provincial agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the provincial agency.
6. The Minister will receive and review the provincial agency’s annual report to confirm compliance with AAD requirements and will approve the report no later than 60 calendar days from the day of receipt.
7. The Minister will table the report in the Legislative Assembly no later than 30 calendar days from approval.
8. The Director, through the Executive Officer or equivalent, will ensure that the Minister approved annual report is publicly posted in an accessible format (to comply with the Accessibility for Ontarians with Disabilities Act, 2005), in both official languages (to comply with the French Language Services Act), on the SIU website after the report has been tabled in the Legislature and no later than 30 calendar days from Minister’s approval of the report.
9. When distributing annual reports, digital formats and channels for distribution must be used unless otherwise required (e.g., by directive, legislation).

10.3 Human resources and compensation

1. The agency will provide workforce, compensation and operational data as set out in the AAD Operational Policy.
2. The agency will report on HR and compensation policies in its business plans and annual reports, in accordance with the requirements of the AAD, AAD Operational Policy, and articles 10.1 and 10.2 of this MOU.
3. The agency will provide any other additional workforce, compensation and operational data as requested by TBS.

11. Public Posting Requirements

1. The provincial agency, through the Director, will ensure that the following approved governance documents are posted in an accessible format (to comply with the Accessibility for Ontarians with Disabilities Act, 2005), in both official languages (to comply with to the French Language Services Act), on the SIU website no later than the specified timelines:
• Memorandum of understanding– 30 calendar days of signing by all parties
• Annual business plan – 30 calendar days of Minister approval
• Annual report – 30 calendar days of Minister approval (the report must first be tabled in the Legislature).
2. Posted governance documents should 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 provincial agency in the marketplace, and information that would otherwise pose a risk to the security of the facilities and/or operations of the provincial agency
3. The provincial agency, through the Director, will ensure that the expense information for appointees and senior management staff are posted on the agency or ministry website, in accordance with the requirements of the Travel, Meal and Hospitality Expenses Directive.
4. The provincial agency, through the Director, 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 plans, strategies, operations and administration of the agency is essential for the Minister to meet their responsibilities for reporting and responding to the Legislative Assembly on the affairs of the agency. The parties also recognize that it is essential for the Director to be kept informed of government initiatives and broad policy directions that may affect the agency’s mandate and functions.

The Minister and the Director, therefore, agree that:

1. The Director will consult with the Minister, in a timely manner, of all planned announcements, events or issues, including contentious matters, that concern or can be reasonably expected to concern the Minister in the exercise of their responsibilities.
2. The Minister will advise the Director in a timely manner, as appropriate, on broad government policy initiatives or legislation being considered by the government that may impact on the agency’s mandate or functions, or which otherwise will have a significant impact on the agency.
3. The Minister will advise the Director, and the Director will consult with the Minister on public communication strategies and publications. They will keep each other informed of the results of stakeholder and other public consultations and discussions as they relate to the agency’s mandate and functions.
4. The Minister and the Director will meet at least quarterly on: emerging issues and opportunities; agency high risks and action plans including direction on corrective action, as required; and agency business plan and capital priorities.
1. As a best practice, meetings are to be quarterly. The Minister may delegate some of the meetings to an associate minister or parliamentary assistant. The Minister should meet with the Director at least twice per year.
2. If the Minister deems the agency to be low-risk, the Minister may reduce the number of meetings to twice a year, instead of quarterly.
5. The agency and ministry will comply with the Public Communications Protocol set out in Appendix 1 to this MOU for ongoing issues management, public communications and paid advertising.

13. Administrative Arrangements

13.1 Applicable Government Directives

1. The Director is responsible for ensuring that the agency operates in accordance with all applicable government directives and policies. This includes, but is not limited to, the list of directives and policies found on the InsideOPS Directives and Policies page.
2. The ministry will inform the agency of amendments or additions to legislation, government directives, policies and guidelines that apply to the agency; however, the agency is responsible for complying with all legislation, government directives, policies and guidelines to which it is subject. Information on corporate direction is available on the InsideOPS Directives and Policies page.
3. Procurement

The OPS Procurement Directive applies in full.
The Procurement Directive on Advertising, Public and Media Relations and Creative Communications Services applies in full.

13.2 Administrative and Organizational Support Services (as applicable)

14. Financial Arrangements

14.1 General

1. All financial procedures for the provincial agency shall be in accordance with applicable government directives, ministry and corporate financial and administrative policies and procedures.
2. 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 provincial agency 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.
3. Pursuant to Section 28 of the Financial Administration Act, the provincial agency 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 without the 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 or President of the Treasury Board.
4. The provincial agency’s approved operating and capital allocations may be adjusted in a given year if in-year fiscal constraints are ordered by Cabinet or the Minister. The agency will be provided with notice of changes to its allocation as soon as is reasonably possible. Where the provincial agency must reallocate resources as a result of its operating and/or capital allocations being adjusted, the provincial agency shall inform and discuss the changes with the ministry before making such changes.
5. The agency will report to TBS when it has sought external advice on matters where: (i) the effectiveness of the advice depends on a particular accounting treatment or presentation in the financial statements; (ii) the outcome or consequences of the advice has or will have a material effect on the financial statements; and (iii) where there could be reasonable doubt as to the appropriateness of the related accounting treatment or presentation under the relevant financial reporting framework.
6. The Executive Officer shall be responsible for providing the ministry with the necessary documentation to support the agency’s expenditures.

15. Audit and Review Arrangements

15.1 Audits

1.  The agency 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.
2. A provincial agency can request and/or must accept the provision of internal audit services by the Ontario Internal Audit Division in accordance with the Internal Audit Directive.
3. Regardless of any previous or annual external audit, the Minister or the Director may direct that the agency be audited at any time. The results of such audit should be shared by the Director to the Minister in accordance with article 8.2.
4. A provincial agency will share all engagement reports (including those prepared by their own internal audit function and/or those reported to the agency’s Director) with their respective minister and deputy minister (and when requested, with the President of the Treasury Board). The agency will advise the respective minister and deputy minister annually, at a minimum, on any outstanding recommendations/issues.
5. A provincial agency will share its approved audit plan with their respective minister and deputy minister, (and when requested, with the President of the Treasury Board) to support understanding of agency risks.
6. The Director may request an external audit of the financial transactions or management controls of the agency, at the agency’s expense.

16. Staffing and Appointments

16.1 Delegation of Human Resources Management Authority

1. Where the PSC has delegated its powers, duties and functions in relation to human resources management to the Deputy Minister, Executive Officer 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 SIU, and within the parameters of the delegated authority.

17. Risk Management, Liability Protection and Insurance

17.1 Risk Management

1. Ministers and ministries are accountable for working with their provincial agencies to ensure effective management of risks. The ministry and agency will meet to discuss agency high risks and action plans including direction on corrective action.
2. The Director, with the support of the Executive Officer or equivalent, is responsible for ensuring that a risk management strategy is developed and in place for the provincial agency, in accordance with the AAD and the OPS Enterprise Risk Management Directive and Risk Management process.
3. The agency shall ensure that the risks it faces are addressed in an appropriate manner.

17.1.1 Artificial Intelligence Risk Management

The Director is responsible for ensuring that artificial intelligence (AI) risk management is undertaken in alignment with the principles and requirements of the Responsible Use of AI Directive.

18. Compliance and Corrective Actions

1. Open and consistent communication between provincial agencies and their responsible ministry helps ensure that government priorities and direction are clearly understood and helps to manage risks or issues as they arise.
2. Situations may arise through the course of monitoring where corrective action is required. Corrective action refers to the steps taken to remedy non-compliance with this directive. Corrective action supports agencies in delivering on desired outputs and/or outcomes, and meeting the terms and conditions established by this directive.
3. If a ministry initiates corrective action, it must be progressive in nature and in proportion to the risk associated with the degree of non-compliance. The degree of corrective action should only be increased if the agency’s non-compliance continues. It is important that ministries document all actions and provide timely and clear communication to the agency Director or senior executives relating to potential corrective actions. This may include letters of direction by the accountable minister and/or the President of the Treasury Board as required.
4. Before engaging in more severe corrective actions, ministries must consult with TBS and legal counsel.

19. Effective Date, Duration and Review of the MOU

1. This MOU becomes effective on the date it is signed by the Minister as the last party to execute it (“Original Effective Date”) and continues in effect until it is revoked or replaced by a subsequent MOU signed by the parties.
2. A copy of the signed MOU and any successor MOU must be provided to the Secretary, Treasury Board/Management Board of Cabinet, no later than seven calendar days from being signed.
3. Upon a change in Minister, Deputy Minister, or Director of the provincial agency, the newly appointed individual must review and sign this MOU no later than four months from the new appointment.

Signatures

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




David Corbett 
Deputy Attorney General

Appendix 1: Public Communications Protocol (Template and Minimum Requirements)

1. Purpose
   The communications protocol sets out a framework for the ministry and agency to collaborate on public communications opportunities led by the agency.
   
   The communications protocol applies to both the agency’s implementation of its legislated mandate and the promotion of the work it does. It will also support the Minister accountability to the Legislative Assembly and to Cabinet for the same.
2. 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 interview to be broadcast
• Printed form, such as a hard copy report
• Electronic form, such as a posting to a website
• Paid advertising, such as digital or print campaign.
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.
3. The agency will comply with the TB/MBC Visual Identity Directive.
4. The ministry and the agency will appoint persons to serve as public communications “leads”.
• The ministry lead is the Director of Communications.
• The agency lead is the Director.
5. For the purpose of this protocol, public communications are divided into three categories:
1. Media responses or communications products related to the routine business of the agency and its programs that do not have direct implications for either the ministry or the government.
• Media responses, news releases or other communications products are to be shared with the ministry lead on an appropriate and timely cadence (i.e., daily) who will circulate as appropriate to other individuals within the ministry.
• Note: Funding related announcement are not considered routine business and must be escalated to category B. Contentious issues must be escalated to category C.
2. Communications products and/or plans where provincial or ministerial messaging on government priorities would enhance the agency’s or the government’s profile, or would provide opportunities for local government announcements.
• For all non-contentious items that might generate media interest, the agency lead will notify the ministry lead of upcoming communications plans and products a minimum of three (3) business weeks in advance.
• For non-contentious items which provide government messaging opportunities or involve funding announcements, the agency must request approval of communications products seven (7) business days prior to the date required.
• Final approval is required from the Minister office and will be sought via the ministry lead. If the agency were not to receive comments or approval from the Minister office or ministry lead within forty-eight (48) hours of the date on which the item is to be issued, the agency should escalate a follow-up, noting that they will proceed accordingly.
• Non-contentious media responses are to be shared with the ministry lead on an appropriate and timely cadence (i.e., daily) who will circulate as appropriate to other individuals within the ministry. Contentious media responses follow the process below.
3. 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.
• The agency 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 agency of contentious issues that require attention. The agency will provide all required background information on the issue to the ministry lead, who will arrange to have a contentious issues note prepared, as required.
• The agency must obtain ministry approval prior to issuing media responses or news releases in this category. The agency lead will provide the media response 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 office.
6. Advertising
• To deliver on the long-range demands of planning advertising, the agency will provide the ministry with its annual marketing plan three (3) months in advance of its start date (on the agency’s fiscal year).
• Agency to share campaign briefs with the ministry a minimum of two (2) weeks in advance of briefing creative/media (agency) partners. Ministry to ensure alignment on campaign objectives and messaging.
• Advertising materials and campaigns can be reviewed by the ministry’s Minister’s Office.
• Final messaging and creative to be shared with the ministry at least two (2) weeks before going live.

Appendix 2: Administrative or Organizational Support Services

The Deputy Minister is responsible for ensuring that the ministry and/or centralized OPS support structures (e.g., HR Advisory, Pay and Benefits, IT support etc.) provide the following administrative support services to SIU: