SPECIAL REPORT, PROVINCIAL AUDITOR
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

CONTENTS

Thursday 7 December 2000

Special report, Provincial Auditor

Ministry of Agriculture, Food and Rural Affairs
Mr Frank Ingratta, Deputy Minister
Mr David Hope, director, policy analysis branch, policy and farm finance division

STANDING COMMITTEE ON PUBLIC ACCOUNTS

Chair / Président
Mr John Gerretsen (Kingston and the Islands / Kingston et les îles L)

Vice-Chair / Vice-Président

Mr John C. Cleary (Stormont-Dundas-Charlottenburgh L)

Mr John C. Cleary (Stormont-Dundas-Charlottenburgh L)
Mr John Gerretsen (Kingston and the Islands / Kingston et les îles L)
Mr John Hastings (Etobicoke North / -Nord PC)
Ms Shelley Martel (Nickel Belt ND)
Mr Bart Maves (Niagara Falls PC)
Mrs Julia Munro (York North / -Nord PC)
Ms Marilyn Mushinski (Scarborough Centre / -Centre PC)
Mr Richard Patten (Ottawa Centre / -Centre L)

Substitutions / Membres remplaçants

Mr Steve Peters (Elgin-Middlesex-London L)

Also taking part / Autres participants et participantes

Mr Richard Patten (Ottawa Centre / -Centre L)
Mr Erik Peters, Provincial Auditor

Clerk / Greffière

Ms Tonia Grannum

Staff / Personnel

Mr Ray McLellan, research officer, Research and Information Services

The committee met at 1037 in committee room 1 following a closed session.

SPECIAL REPORT, PROVINCIAL AUDITOR
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Consideration of chapter 3(3.01), Agricorp.

The Chair (Mr John Gerretsen): I call to order the meeting of the standing committee on public accounts dealing with the special report of the Provincial Auditor relating to Agricorp today. I'd like to welcome everyone here. Good morning. Perhaps before you make your presentation, which I would ask you to limit to no more than between 10 and 15 minutes, but 15 at the outside limit so it would allow each caucus 20 minutes for questioning, you could identify yourself and the other members in your delegation as well. We can start from there.

Mr Frank Ingratta: Good morning. I'm Frank Ingratta. I'm the Deputy Minister of Agriculture, Food and Rural Affairs. With me today I have Dr Bruce Archibald, who is the assistant deputy minister of the policy and farm finance division, and Mr David Hope, who is the director within that division. If that introduction is satisfactory, I will move to the opening comments.

The Chair: Go ahead, sir.

Mr Ingratta: Thank you for providing me with the opportunity today to talk about an agency that provides excellent service to Ontario's agri-food industry. It's extremely important to use this time to clear up any concerns and misunderstandings that may still surround the agency's performance as a result of the Provincial Auditor's report. That's why for my opening remarks I'd like to take you through the history and role of Agricorp and some of the services it provides. I'll then talk briefly about the recent Provincial Auditor's report and the corrective actions that the board and the ministry took as soon as the problems were identified.

After a year of consulting with Ontario growers and food processors, Agricorp was launched in January 1997. The goal was to provide responsive, cost-effective agricultural insurance and consulting services, including crop grading and inspection, to Ontario's agriculture and food industry. For the preceding 31 years, crop insurance had been provided by the Ministry of Agriculture. While the service delivery had been good, it was felt that an arm's-length organization with farmer representation on the board of directors would be more responsive and more efficient.

A memorandum of understanding reached between the new agency and the ministry set out the terms of the transfer. As you may know, Agricorp, like all other agencies, is established by government but is not part of it. The agency was created by legislation and was assigned responsibility and authority for carrying out risk management programs on behalf of the Ontario and federal governments.

The agency has the freedom to seek out new business, as well as operating efficiencies within the ongoing programs. The ministry retains overall responsibility for strategic directions.

As you may know, crop insurance protects farmers against severe natural events. It is an extremely important risk management tool that Agricorp delivers to more than 19,000 Ontario farmers who grow 54 different crops. Financing for the program comes from premiums: growers pay half of the premium costs, and the federal and provincial governments pick up the other half, as well as picking up the administrative costs of the program.

Agricorp demonstrates its commitment to customer service and efficiency in the delivery of this program. In each of the last two years, the acreage covered under the crop insurance program administered by Agricorp has increased by 6%. At the same time as that increase in coverage, premium prices fell for most field crops and were reduced by approximately 20%, resulting in savings of more than $30 million to farmers for the 1999 and 2000 crop years combined.

Crop insurance is only one of a number of safety net programs available to farmers. Agricorp also delivers, on behalf of the federal and provincial governments, the market revenue program. Ontario is the only province in the country to offer grain and oilseed producers this protection against income reductions due to market fluctuations and low commodity prices. Again, the agency has proven its mettle, with more than 22,000 farmers enrolled in this program, accounting for 85% of the acreage grown across the province. This year it is expected to distribute approximately $125 million in market revenue claims.

Agricorp also provides business and consulting services for various Ontario commodities. Shortly after its launch, the agency won a contract to provide third-party grading, inspection and acreage measurement for several vegetable crops for the Ontario Vegetable Growers' Marketing Board and the Ontario Food Processors' Association. It also provides inspection services to the Flue-Cured Tobacco Growers' Marketing Board and licensing and inspection of grain elevators and dealers under the grain financial protection program.

Perhaps the most impressive of Agricorp's achievements is its ability to provide much-needed funding very quickly and very efficiently. When the ice storm of 1998 ripped through eastern Ontario, Agricorp delivered, on behalf of the Ontario government, more than $9 million in emergency assistance to close to 6,000 farmers and rural residents in record time; in fact, before the end of January 1999. Agricorp was cutting cheques that were in the hands of those who needed it most well before the cleanup was complete in that difficult situation.

Just a year later, Agricorp jumped into action again. If you will recall, in December 1998 and January 1999, many farmers across Ontario, and particularly hog producers, were dealing with record low prices. Ontario was the first jurisdiction in the country to respond, with the $40-million whole farm relief program. Agricorp was there to make sure the cheques got into the hands of those who needed them most. From an announcement in December to mid-January, the ministry made sure that 60,000 producers had their applications in hand, and by February 4, Agricorp made sure the first cheques were in the mail to those producers in financial hardship. By April 8, 1999, the thousandth cheque was issued and more than $9 million in much-needed financial assistance had already reached Ontario farmers. The first payment on the federal portion of the program was not forwarded until July of that year.

Agricorp is an innovative agency dedicated to continuously improving its services to Ontario's agri-food industry and farmers. As a three-year-old agency, Agricorp was chosen to have a value-for-money audit performed by the Provincial Auditor. A financial audit is conducted by that office every year under the legislation that created the agency in the first place.

Last year, inappropriate decisions were made by the organization which were documented in the recent auditor's report. As was pointed out in the responses to the report, we acted quickly to make sure that the board of directors took immediate steps to rectify the situation and put in place stricter financial policies and controls. While the losses are regrettable, the way in which they were dealt with was swift, sure and aimed at making sure nothing like this happens again.

Some of the most important changes that have been made include tighter controls, a new policy on investments and stricter oversight by the board on all financial matters.

While by law we are maintaining an arm's-length relationship, the ministry has also stepped up its role in Agricorp. We changed the ex-officio member on the board to a voting ministry representative. We have a closer relationship with the agency in which the chief executive administrative officer of the agency and the ministry's assistant deputy minister in charge meet on a monthly basis. We've devoted more of our own ministry's internal audit time to the agency.

The inappropriate actions that occurred last year are regrettable but shouldn't be allowed to overshadow the tremendous contribution Agricorp makes to the agri-food industry and to the entire province. Procedures and policies are now firmly in place that will prevent such a situation from happening again.

Much of the reason Agricorp has been able to distinguish itself in terms of excellent service and innovative solutions is the fact that it is run by farmers for farmers. The strong representation on the board from Ontario's farm and commodity groups ensures the agency continues to evolve to meet the real needs of farmers. With its strong board of directors, new policies and closer ties to the ministry, I'm confident that Agricorp is well positioned to continue to play a significant part in encouraging a vibrant agri-food industry in Ontario, now and into the future.

The Chair: Thank you very much, Deputy. We will start off with the first round of 20-minute questioning for each caucus. There may be some more time left after that which will be split. We'll start with the Liberal caucus.

Mr John C. Cleary (Stormont-Dundas-Charlottenburgh): I just want to know how someone gets appointed to the board and who is responsible for nominating them.

Mr Ingratta: To the board of directors of Agricorp?

Mr Cleary: Right.

Mr Ingratta: We seek nominations from the agricultural commodity organizations, the major organizations that have their crops insured by the commission. They nominate a list of individuals-producers-to the ministry, and the selection and the appointment to the board of directors is made by the minister.

Mr Cleary: You said that the commodity groups have to put the names forward-in all cases?

Mr Ingratta: The commodity groups put the majority of the names forward. Each commodity group puts forward two or three names, so we do have quite an extensive list.

Mr Cleary: Does the same thing apply to how replacements are chosen?

Mr Ingratta: On a regular basis we go to the commodity boards to have them update their lists and their recommendations for who should be on the board.

Mr Cleary: The other thing that I'd like to know is a little bit about your administrator, Tom Schmidt. I'm reading from a fax I got from probably as good a farmer as there is in the province of Ontario. It says, "Go back to the time when Schmidt was hired and I think you will find out that he got rid of the people in Agricorp who had any knowledge and background in farming and replaced them with people who didn't know a combine from an airplane." This is some information I got from a good, well-known farmer.

Ms Marilyn Mushinski (Scarborough Centre): Are you prepared to hand that over to the members of the committee?

Mr Ingratta: The question, sir?

Mr Cleary: I just wanted your comments on that.

Mr Ingratta: The question, as I understand it, was how the CEO was hired?

Mr Cleary: Right.

Mr Ingratta: Let me provide you that detail, if I might. The interim board of directors, the transition board of directors from the crop insurance commission to Agricorp, was charged with the responsibility of a competition to fill that position. They acquired the service of a professional human resources firm that did the search Canada-wide to identify a potential list of individuals who may be considered for that position. I believe there were over 100 individuals identified as part of that public advertisement and by the search conducted by that firm.

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The firm, working with the interim board, determined a short list of individuals who would be screened through a personal interview and through reference checks. I believe that five individuals were interviewed by that board in the first round. If you like, I could provide the names of the people on the board. They were all producers and the former chairman of the crop insurance commission. They conducted that series of interviews, reduced the number of applicants to three and conducted another intensive series of interviews.

I apologize if this sounds like a long answer, but I think a full process for identifying candidates was employed in terms of interviews and reference checks. As part of that process, the board made the recommendation to acquire the services of that individual.

The point I believe you are also making, if I might, is that when that individual came to the organization, some organizational changes took place. As with any new organization, restructuring from the old crop insurance commission did take place. Some of the most senior individuals who worked with the crop insurance commission and moved from that to the agency responsibility did continue with the Agricorp organization and, in fact, continue today.

If there are one or two examples of individuals who are no longer with the board who may be in the category of having tremendous experience, I would agree that in the last three years, individuals have found alternate employment opportunities or retired. One of the more long-standing individuals responsible for sales and marketing retired just last month, and there are a number of cases of that over the course of the three years. To suggest there was a complete reshuffling of senior responsibilities with Agricorp would be incorrect. Some of those senior people continue in those positions.

Mr Cleary: I appreciate your comments. It's not my work; it's someone else I have to represent. Ever since I came to Queen's Park, I have been involved as either a critic in agriculture or a parliamentary assistant, so I have to have answers too. I appreciate your comments, and I know that everyone has a lot of questions.

Mr Steve Peters (Elgin-Middlesex-London): I understand that Agricorp is a schedule 3 corporation that has an OMAFRA adviser on the board. It strikes me as odd that we have four witnesses here today, Mr Ingratta. Why is nobody from Agricorp-either the chairman or a member of the board-here today?

Mr Ingratta: The invitation I received to be present here suggested that the ministry's activities were to be scrutinized as a result of the Provincial Auditor's report. I have no question that if we were to phone the current CEO of Agricorp or members of its board-if we were to bring them in, they would come willingly. It's not an issue of excluding them on purpose.

I believe David Hope would like to add to that, if he might.

Mr David Hope: I am the current ministry representative on the board of directors, so I serve as a full voting board member.

Mr Ingratta: If I might, I'd like to point out that this was one of the changes made following the Provincial Auditor's report. Rather than having a ministry representative on the board in an ex-officio advisory capacity, we moved to have a ministry employee appointed to the board as a full-time voting member. As Dave has indicated, he is that person.

Mr Steve Peters: Being a member of the board and having served, I guess, back a time in an advisory role on that board, you certainly would have been privy to what was going on at the board and you would have known everything that was going on. We know that in May-June 1999 the auditor made the decision to undertake a value-for-money audit. During that May-June 1999 period, would the minister have been communicated with? Would the minister have been kept informed of everything that was happening at the Agricorp board during that May-June period when the decision was made to undertake the audit?

Mr Ingratta: In answer to your question, I think we have to look at the structure that was set up. Agricorp was created as an arm's-length agency. Responsibility for the operation of that agency was in the hands of the senior management of the agency and the board. When you ask if the minister was informed of everything that was happening at the board and the subcommittees of the board, of the daily and monthly decisions that were taken at that board, the answer would be no. As the ministry, we continue to have responsibility for the overall policy direction of Agricorp but not the daily operational activities.

Were we cognizant of the decision of the Provincial Auditor to do a value-for-money audit? Yes. We're also extremely cognizant that in the legislation, the Provincial Auditor has the annual responsibility of the financial audit. So we were not surprised or taken aback that with a relatively new agency with almost three years under its belt, the Provincial Auditor made the decision to conduct that audit, based on their financial audits and based on their risk analysis that is conducted on a broad range of organizations.

Mr Steve Peters: You have an OMAFRA adviser on the board. It's clear to me that if some serious discrepancies have taken place with money, somebody should be notifying the minister of problems within this agency, because you have an OMAFRA adviser sitting on the board.

Mr Ingratta: I think we would confirm that when we, as the ministry, became aware of the issues, that information was shared. You're focusing on the summer of 1999. I would say to you-and I repeat-that the board structure that was in place at that time allowed for multiple committees of the board. Our representative was not an adviser to all those committees and subcommittees, and so would not be advised of all the discussions of those subcommittees. When we became aware of the information through our representation on the board, that information was dealt with in due process.

Mr Steve Peters: In the auditor's report on pages 26 and 27, the auditor makes reference to a number of investments, including the bonds that were sold for a $61,000 loss and the loss of $1.2 million on another bond-the top-up of $2.9 million and the long-term $61,000 loss. As the senior administrator to the whole farm relief program, Mr Hope, knowing that Agricorp used whole farm relief money, what was your comment on Agricorp using whole farm relief money in these investments? Did you agree with that?

Mr Ingratta: If I could introduce the first part of the answer, then David would follow up.

On the question of using the float that was in Agricorp's control, the float was there to pay applications to the whole farm program. When those applications were submitted and approved, Agricorp would cut the cheque. The indication and the rules, if you will, around how that float could be invested were clear. They were to be invested for a limited time and not for an extended period. So it was an inappropriate action to invest dollars from the whole farm program for a longer period of time.

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Mr Hope: What I can tell you from our perspective as contracting with Agricorp to make the payments on whole farm relief is that we entered into an agreement with Agricorp on how those monies would be managed and invested and what our expectations of that were. When the issue became known to the board, at that time I was not a representative on the board but was made aware of that at the time it was made known to the board and was also informed about the actions that had been taken by the board to ensure that there was no ongoing impact on the program. We also had discussions to understand the actions that had taken place at the board's direction to ensure that similar circumstances could not happen again and we made ourselves familiar with those policies to ensure that this was sufficient to provide us with assurance that it would not happen again.

Mr Ingratta: If I might summarize, the longer-term investment was deemed to be inappropriate. Again, we have, at the Provincial Auditor's advice, taken a number of steps to ensure that this practice does not happen in the future.

Mr Steve Peters: Can you tell me the size of that bond and the term of that bond? It's my understanding that the bond had been sold in two lots on September 15 and September 30, 1999. Could you tell me what the size of the bond was and what the terms of that were? How much of that bond was made up by whole farm relief program funds?

Mr Ingratta: For clarification, this is the May 1999 bond?

Mr Steve Peters: Yes.

Mr Ingratta: David, do you have that information?

Mr Hope: Just one moment, please.

The Chair: I think it's right at the bottom of page 26.

Mr Hope: Yes. In May 1999, a $5-million par value government of Canada bond with a maturity date of September 1, 2003, was purchased. That's my understanding.

Mr Steve Peters: It's interesting. I was elected in June 1999. My office started to receive calls, complaints started coming in about the whole farm relief program. Prior to the election, funds seemed to be disbursed quickly. The release of the funds appears to have dried up in the summer. Can you tell me, is it because monies were invested in these bonds that funds couldn't be released, because the money had been tied up and you didn't have access to the money?

Mr Ingratta: David, if I might. I want to make a point, and David will provide the details.

The issue that I believe we're discussing today is Agricorp's management of those cheques. I don't believe the Provincial Auditor had questions about the process of the cheques being cut and provided to producers. If the questions you're asking are around the structure and how the Ontario whole farm relief program was constructed, the policy decisions that were taken with the federal government and all of the provinces together to identify how the program would be constructed-if you want to get into that debate around the structure of the whole farm program, that's a separate issue. I'd be glad to provide information on that, but if the questions are around how Agricorp delivered those cheques, I don't believe there were any complaints around the turnaround time. Agricorp was charged with the responsibility of cutting those cheques once the applications had been approved by the ministry. I don't believe there are any complaints about completing that process, so I don't believe there is a concern about Agricorp's involvement there. If the question you're asking is how the dollars flowed out of the program and what the deadlines for applications were, then I think David could provide that additional information.

Mr Hope: The short answer is no, the investment practices of Agricorp did not impact the flow of funds to farmers. To put it in context that you had mentioned, in early 1999, Ontario offered an interim program, there were applications made on that program and approximately 2,500 people received money on that basis. They also were required to apply to the full program once it was started. In addition, people were able to apply for the first time. So we had a number of people who applied early and payments were made.

As far as the applications to the full program, over 70% of them came in in the month prior to the July 31 deadline. That is why there was an unequal processing of payments, because the applications came in that way. There were quite a few up front in the spring, and a lot came in in the three to four weeks prior to the deadline and then those were processed. We always had a very short turnaround time from the time we had sent notification to payment to Agricorp and the time the cheques went out, and that averaged about a two-day turnaround or less.

The Chair: One more minute, Mr Peters.

Mr Steve Peters: On page 26 of the auditor's report there's reference made to the illegalities and losses inappropriately transferred from the general fund to the crop insurance fund. What I'm trying to find out is-and I asked the auditor this question about the transaction that took place-why the board would get involved in investments that were totally contrary to what was allowed under the order that created Agricorp. Why would you begin to get involved in areas that you shouldn't have been involved in?

Mr Ingratta: I want to stress one point. In the conversations that we've had with the Provincial Auditor, and I believe in his report-you've used the term "illegalities." I don't believe that's an appropriate descriptor of what has occurred. In fact, we have a written legal opinion that there were no activities that would be found under the Criminal Code or under the Agricorp Act to be illegal. I want to emphasize that the investments and the purchase of bonds, that investment instrument, were within the bounds of the program. The issue that was inappropriate was the active trading of those bonds.

The act and the memorandum between Agricorp and the ministry were silent on the issue of active trading. It was not included; it certainly will be and has become part of the policies and procedures of the current board to suggest that this active trading is an inappropriate mechanism.

So the instruments were used. I need to comment on the issue of highly speculative trading. The active trading was inappropriate, but the purchase of the instruments, the bonds, was not. They were not in the processes, as some may suggest that they were highly speculative investments. They weren't penny stocks on the Vancouver exchange. The instruments were appropriate; the active trading was not. The Provincial Auditor has pointed that out. We support that view, and it is not permitted.

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The Chair: We'll have to leave it at that. Mr Cleary, could you take over for a few minutes? We've gone 22 minutes, so we'll have 22 minutes for each one of the other caucuses as well.

Ms Shelley Martel (Nickel Belt): Deputy, I think what's so disturbing about the audit is really the clear evidence of gross negligence at so many levels. You have tried to say that this corporation operates at arm's length from the ministry. But if you look at the memorandum of understanding, in fact you are very clearly tied, and part of the problem was that no one seemed to abide by many of the rules and responsibilities in the memorandum of understanding. For example, there was negligence in the minister's office because ultimately he is supposed to monitor Agricorp's activities to ensure that its mandate is fulfilled and is in compliance with government policies. We know the corporation was not in compliance with government policies. Frankly, I think there was negligence in your office because under the same MOU you're supposed to meet with the board and the chair regularly and discuss issues regarding the mandate of the board and inform ministers of the problems. We know, because the auditor has told us, that there were six vision statements in three years, so clearly people didn't have any idea of what their mandate was and that didn't seem to get cleared up at all.

I think there was negligence on the part of the board and the chair because they are appointed by the government and they are responsible back to the minister to ensure that the business at the corporation occurs as defined in the act, and we know that it did not.

Also, I think there was incredible negligence on the part of the ADM who sat as a member of the board, because frankly he or she better than anyone else should have known the requirements of the act, and yet there were many transgressions that were clearly in violation of the act during the whole period that individual was there, and finally certainly some negligence of the CEO, who was supposed to oversee the operation of the corporation, as per the act, and clearly didn't do that.

I hope that all this negligence was unintentional, but I think the fact remains that were it not for the auditor and the full-blown audit, there probably would have not been any action taken on many of these issues, because since you folks didn't do any internal audits during this whole time, you didn't identify the problems.

The one thing that I worried about in your opening remarks is that you said when these problems were identified by the auditor you clearly and quickly reacted. We have heard otherwise, and I'll give you one of the examples that I want to start with. We have been clearly told that the problem around the fund administration, that is, interest from the corporation insurance fund to be transferred to the general fund, was a problem that was identified with your ADM, who sat on this board as early as 1997, and no action was taken to deal with that. Both the CEO and your ADM continued to say that they had a legal opinion that said it was OK, despite several attempts by the auditor's office to clearly express concerns. Why was it that from 1997 on that item picked up by the auditor was not responded to? I point out that it wasn't until the full-blown audit began in May that, finally, outside independent advice was agreed to by both parties to actually get some kind of ruling on this.

Mr Ingratta: The point on fund administration is an important one. Without seeking his concurrence at this particular point, I would say the issue of the administration, particularly of the interest earned in the crop insurance fund, was the point of, if you will, greatest contention between the Provincial Auditor and the ministry. You are right that we have had debate over time on the issue of interest, specifically from the fund. I have to point out that over the course of time both the federal government and ourselves and the producer groups came to an agreement that interest from that fund might be appropriately used for a portion of the administration activities of Agricorp.

The act itself, as I understand it, is silent on how the interest might be used. It is clear that the interest could not be taken from the fund, but if interest was generated by the fund, the act is silent in that regard. We, along with our federal colleagues, determined that it was an appropriate use to take some of that money to charge for extraordinary administrative expenditures. We continue to have that dialogue and, if you will, debate with the Provincial Auditor's office. We came to an agreement in 1999 that we would abide by-because we had two opposing legal and audit views of how that could be used, we came to an agreement that a respected third party would review that situation and we would abide by the decision of that third party. The Provincial Auditor's office and ourselves asked for that opinion in course. That opinion was generated and it suggested that the use of those interest funds for administration was not appropriate. When we received that opinion the monies that had been used for administration from that fund were returned to that fund forthwith.

We did have, I think, open and honest dialogue about the use of that fund, and I have to emphasize that both the federal government and ourselves were of the opinion and had legal support for our position and that's what created the dialogue to be extended. I have to also add-

Ms Martel: Deputy, if I might, I'm not concerned about the federal government. The Provincial Auditor audits the books of Agricorp, correct?

Mr Ingratta: That's correct.

Ms Martel: And is it true that beginning in 1997 staff from the Provincial Auditor's office raised this concern with you, raised this concern with your ADM who was sitting on the board?

Mr Ingratta: The dialogue on the interest from the crop insurance fund has been ongoing, yes.

Ms Martel: When the ADM was advised of this problem, and we were told it was in 1997, did he bring it to your attention?

Mr Ingratta: Yes.

Ms Martel: What did you do at that point?

Mr Ingratta: We sought the legal opinion of whether the act would permit the use of those funds.

Ms Martel: You sought that legal opinion from your own legal staff within the Ministry of Agriculture and Food?

Mr Ingratta: Yes.

Ms Martel: When the auditor came back to you and said they were not satisfied with that legal opinion, what happened then?

Mr Ingratta: Then we sought the, if you will, final legal opinion.

Ms Martel: But this was, am I correct, two years after the auditor first brought it to your attention?

Mr Ingratta: David, if you will.

Mr Hope: The issue did occur over time, but the money that we are talking about was withdrawn, I believe, in early 1999, not in 1997. So there were discussions as to what were the best solutions for this situation among clients and the representative parties in 1998. Agreements were made and action taken in early 1999 that resulted in ongoing discussions with the Provincial Auditor's office during further months in 1999. It was in 1999 that the issue, I believe, was resolved to everyone's satisfaction.

Ms Martel: I never said that any money was withdrawn in 1997. I said that the problem was identified by the auditor with your ADM and, clearly, the deputy in 1997. The problem was identified, and it looks like for over-I'll give you the benefit of the doubt and say an 18-month period, you stuck with your legal opinion despite the concerns that were raised by the auditor, and despite his concerns, in 1999 then went on with a withdrawal of money from the fund-is that correct?-in spite of the concern that had already been raised?

Mr Ingratta: The concerns had been raised over time, and as David pointed out, the actual transaction did not take place until 1999. We did take that action and that decision despite the suggestions and advice of the Provincial Auditor. That was an audit view. We were under the support of a legal view that what we were doing was appropriate.

Ms Martel: So you knew that transaction had occurred despite the concerns?

Mr Ingratta: Yes.

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Ms Martel: I think that's a serious problem, Deputy, to be quite honest with you.

Let me deal with the second issue. The auditor raised serious concerns about Agricorp's investment strategy, which I gather was developed about two and a half years ago. Can you tell me who would have approved the investment strategy? Did your office see that investment strategy after it was developed?

Mr Ingratta: The investment strategy on the crop insurance fund?

Ms Martel: Yes. A two-and-a-half year period since Agricorp's put into place an investment strategy for the Ontario crop insurance fund, so it would have been early on in the development of the corporation. Was that strategy approved by your office?

Mr Ingratta: Yes, the basic investment strategy would have been considered by the ministry. The basic investment strategy in terms of government bonds and the types of instruments that were allowed in the portfolio would have been supported.

Ms Martel: Let me ask, would the minister's office have had to approve it?

Mr Ingratta: I don't believe so.

Ms Martel: Do you know if he ever saw it?

Mr Ingratta: The investment strategy?

Ms Martel: Yes.

Mr Ingratta: I can't speak to that.

Mr Hope: The investment strategy was approved for the crop insurance fund by the board of directors. I'm not sure exactly which concerns you are raising with it.

Ms Martel: If I go back to the auditor's concerns about the investments, he raised a number. They have to do with the speculative daily tradings and inappropriate use of funds held for your ministry by Agricorp in its daily trading. He mentions that $2.9 million that came from funds that were held for the ministry to make payments for the Ontario whole farm relief program were actually used in the trading. Under this whole section also comes the fact that Agricorp sold some of its long-term bonds to meet indemnity requirements when those indemnity obligations did not exist.

In terms of the auditor's report, when he makes recommendations that you should ensure there are proper controls in place, you folks reply that it's been two and a half years since you put this strategy in place and it's had a competitive rate of return for its stakeholders etc, which is all fine and dandy. But my concern is, who saw it, who approved it and, then, who was supposed to monitor how the investment strategy operated? Clearly there were a number of transgressions.

Mr Hope: Could I clarify, because I think we've got two or three issues in that statement. The crop insurance fund, which is the sum of money in the neighbourhood of $200 million to $300 million, had a board-approved investment strategy that was, I think, appropriate for the legislation. Of those issues that you raised, I think there is only one that applies to that particular fund and that strategy, and that would be the rebalancing of the long-term bonds in that fund. I think the auditor also pointed out that if those bonds that were purchased were held to maturity, as the strategy intends, there would be no loss to that fund.

I believe that is the only issue the auditor raised with the crop insurance fund investment strategy. I think it continues to be a strategy that is acceptable to the Provincial Auditor, the board-approved strategy. The other issues were dealing with operating funds.

Ms Martel: I appreciate that. I guess the problem is the bonds weren't held to maturity. They were sold before they had to be, at a loss.

My question is, after the strategy was approved by the board and clearly seen by the deputy's office, who was responsible for ensuring that its terms and conditions were met? Clearly, selling bonds before they matured-if that was part of the strategy, that's a problem; if it wasn't, how come that wasn't picked up?

Mr Ingratta: It clearly is not part of the strategy. The active trading was not part of the strategy.

Ms Martel: Was the ADM who sat ex officio for you responsible for monitoring the strategy?

Mr Hope: Again, let us be clear that the issue around the rebalancing of the bonds in the crop insurance fund was only a loss if the replacement bonds were not held to term. This approach or the strategy for the crop insurance fund is a conservative strategy investing in very specific types of instruments. What we had was advice by the firm hired to do that that there be a rebalancing of these bonds, and that as long as they are held to maturity, as is the strategy, there is no loss to the crop insurance fund. The fund is structured so that monies would be available when needed, but at the same time maximizing returns using a conservative investment strategy.

Ms Martel: I understand all that. My concern is that the strategy was clearly not followed. There was a deviation and the auditor picked that up. I understand you have implemented a new strategy as of March 27, and I would like to know who would be responsible now for ensuring there are no transgressions or deviations from this new strategy.

Mr Ingratta: If I might, you're correct in identifying that the new strategy was enunciated and supported by the board. As I indicated earlier, we now, as a ministry, have official voting representation on the singular board rather than the multilevel board. The knowledge of all activities would flow through that person as a result of that change.

There are several things we have done as a ministry. In addition to having that full-time representation on the board, we have devoted and will be devoting a greater level of internal audit resources to ensure that the changes that have been implemented are pursued. In addition to that, we have formalized a monthly meeting of the CAO and the ADM responsible for policy on the farm finance division. So we have put in place several mechanisms to ensure that the new strategy as enunciated is supported and followed.

Mr Hope: If I could add to what the deputy said, I think we are now referring to the investment strategy for the operating funds. The board has approved a number of processes to ensure that the inappropriate situation does not happen again. The investment activity is now under the responsibility of the chief financial officer, who has significant experience. There are additional processes in place as far as duplicate signatures before any transaction is authorized.

The board has a report brought to it at every meeting, with the details of that strategy and how it was implemented. The board has also hired an audit firm to come in quarterly and provide them with assurance that the information provided to the board at each meeting is followed. The ministry rep, who is in this case myself, will be getting that information and will be able to provide the ministry with the assurance that that strategy is being followed.

Ms Martel: The auditor pointed out that no internal audit had been done of Agricorp since its inception. Can you explain to the committee why that was the case?

Mr Ingratta: The auditor of record for Agricorp is the Provincial Auditor and their office did in fact complete annual financial audits. We did not, as part of our process of internal audits that would be conducted in the ministry, identify Agricorp as a priority for internal audit, partially because of the ongoing activities of the Provincial Auditor on that file. As a follow-up to the Provincial Auditor's report, and in agreement with the Provincial Auditor, to assist them in their annual activities of financial audit, we have agreed to devote more internal audit resources to Agricorp to support their activities in the future.

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Ms Martel: I appreciate that you're going to have monthly meetings between the CEO and the ADM. My concern is that the previous memorandum of understanding certainly allowed for that and I'm wondering if meetings did not take place and that's why problems were not identified. For example, Deputy, if I might, you were to have "regular meetings with the chair and the board to receive updates and discuss issues around Agricorp's mandate and inform the minister as required." For the period during which the Provincial Auditor was the auditor of record and then when he started his full-blown audit, were those meetings taking place?

Mr Ingratta: There were meetings between myself and the CEO of Agricorp discussing issues of concern and importance to the ministry and Agricorp. If I might relate, some of the dialogue we had included things like the investments and administration that would be required to make sure that the program continued to be as efficient as possible. There were interactions between myself and the CEO. At no time during those sessions were there discussions on whether, for example, active trading was appropriate. That dialogue did not take place.

Ms Martel: What about a dialogue on the new information technology infrastructure or any of the infrastructure changes that Agricorp was busy making? Clearly, from the auditor's report, $3 million was just lost because of a change in direction. Were there any discussions during that period about what the corporation wanted to do with respect to technology changes?

Mr Ingratta: The issue of technology is an important one to an organization like Agricorp. You can well imagine that for 19,000 participants in the program, with multiple crops and multiple years of records on those individuals and those individual crops, there is a massive database. The Ontario crop insurance program is different than some of the other provinces in that payments are made based on individual records; that is to say, information technology is very important in delivering on the business of crop insurance.

As technology evolves, it was clear that an effort would be pursued to move away from mainframe processing of all that data, looking for some of the new technologies that allowed, if you will, desktop. Interactive desktop activity with technology appeared to be the way to go for the future, to allow flexibility and instant access by field representatives to those records, again in an effort to focus on providing increasing customer service.

So the discussions were had relative to moving toward desktop technology. Efforts were made to achieve that and in the final analysis the technology and the software that was being developed to go with that desktop technology did not fit the massive amounts of data required as part of the crop insurance program.

Today they are using a mainframe technology. I hasten to add that the information technology system, the computer systems within Agricorp, are delivering crop insurance cheques within the identified time frame based on those individual calculations. There is a completely functioning information technology system delivering on the timelines and the time frames in Agricorp.

The Chair: We'll have to leave it at that. Time's up. Mr Hastings.

Mr John Hastings (Etobicoke North): I just want to make sure, Mr Chair, that we're getting 25 minutes, which will take us right to 12:01, looking at the clock when the critic started at 11:10. We get 25?

The Chair: No, I think we started at 11:12, sir.

Mr Hastings: Not according to the way I watched that clock up there.

The Chair: I made a little note to myself and I looked at that clock when I put down 11:12.

Mr Hastings: Anyway-

The Chair: Go ahead, sir.

Mr Hastings: I don't think we're getting the same, adequate time. I just want to make noted on the record.

The Chair: Absolutely.

Mr Hastings: My first question is to Mr Ingratta, and probably to Mr Hope, with respect to the historical genesis of Agricorp. How far back does this idea go in the ag ministry, OMAFRA?

Mr Ingratta: As I've indicated, crop insurance has operated as a function within the province for 31 years. Although the concept of moving to an agency separate from government doesn't have a 31-year history, it has been discussed in various venues over the last 12 to 13 years. The rationale for that discussion is that the major business of Agricorp is dealing with that massive amount of actuarial data that generates an insurance program. Various incarnations of how that could be more appropriately handled in an agency outside of government have been debated over some time. In the early 1990s, there was proposed legislation to create the agency. There were certainly active discussion in the late 1980s and, as I indicated in my opening remarks, very active dialogue in 1996 with the agriculture and the food sector on whether the concept of moving this insurance function into a more private-sector-type relationship would be appropriate. Based on that consultation in 1996, the move was made to create the agency, so it has been a fairly long genesis.

Mr Hastings: Mr Ingratta, let me give you that document. That's a bill that was introduced by the Minister of Agriculture and Food back in 1993, Bill 63. Is that very similar to the bill we have in place now?

Mr Ingratta: Without comparing the two bills line by line, I would say that the concept is similar. I'm reflecting, if you will, on my historic knowledge here. In 1993, I was appointed as the chief executive officer of the Crop Insurance Commission, the forerunner to Agricorp, and part of my responsibilities at that time was to develop this concept and potentially move the organization outside of government and create the more private-sector type of entity.

Mr Hastings: Thanks for that historical perspective.

In terms of communications between OMAFRA and the auditor, there were various communications I assume, not only verbal but written, over the auditor's concerns?

Mr Ingratta: Yes. We had, as I indicated, several conversations, particularly on the conversations and meetings on the investment and the use of interest in the crop insurance fund. We've received draft copies. I believe it's the practice of the Provincial Auditor's office to share draft copies of the report, multiple iterations of draft copies. So, yes, we have had both verbal and written interactions between the ministry, Agricorp and the Provincial Auditor's office.

Mr Hastings: Specifically, did you receive a letter from the auditor's office dated May 31, 2000, which basically-and I've seen these letters as director of other corporations, companies, organizations-says, in effect, and I'll quote the public accounts letter, the last statement, "In my opinion, these financial statements present fairly, in all material aspects, the financial position of the corporation as at March 31, 2000. The results of this operation and its cash flows for the year then ended in accordance with generally accepted accounting principles." We put that letter into the record.

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How does that contrast with the concerns raised in the auditor's report that we now have in front of us on accountability and value for money? It would be fair to say that the measures, the concerns and the recommendations taken up by the auditor have, to a great extent, already been put in place-accountability, financial controls, better IT management-as of May 31, 2000.

Mr Ingratta: I believe the document you are referring to is the result of the annual financial audit of the Provincial Auditor. That would have been received, along with the annual report of Agricorp. So, yes, there is a distinction between the financial audit and the value-for-money audit, which would have delved into a number of areas in more detail, but we would accept the financial audit. We received a number of those annual financial audits from the Provincial Auditor's office.

Mr Hastings: My final question relates to the trading loss of the $325,000. Given the concerns raised by the auditor in the November special report to the legislative committee on public accounts, what specific steps have you already undertaken or are contemplating undertaking to recover some or all of the $325,000 that made up the accounting loss from the inappropriate trading of the bonds?

Mr Ingratta: The amount you've identified was in fact put into the Agricorp accounts in early January of this year. So that action has already been taken, and taken, as I said, expeditiously in January of this year. That money is in the appropriate accounts and was put into the appropriate accounts in January of this year.

In addition to moving the money-and I think this is the critical point and this is where we get the value-for-money audit that the Provincial Auditor does-the suggestions on how we could improve the accountability system were offered and taken and acted on and supported by the board of directors on March 27 of the year 2000. David has already delineated some of those actions, how we're improving on the financial accountability and how we're strengthening and putting additional resources into the relationship between the ministry and Agricorp. I believe it's fair to say, not only based on the November report but earlier in the year as a result of those ongoing dialogues and interactions with the Provincial Auditor's office, we took a number of steps to put in place mechanisms that would minimize the opportunity for the inappropriate actions to happen in the future.

The Chair: Mr Peters just wanted to make a comment.

Mr Erik Peters: Thank you very much for that, Deputy. That was very helpful. I just wanted to get at the core of the question, as I understand it, from Mr Hastings, and that is very quickly to say that when we opine on the financial statements, we would, for example, say that the loss is fairly stated. The idea of the opinion is simply: do these financial statements present fairly? That would be done under an audit offered under the Agricorp Act, the legislation under which they operate. However, the report that you got on November 21, that's where we would delve deeper as to how the loss occurred, why it occurred and what are the procedures surrounding it. So it's the difference between fair presentation or, did the taxpayer get value for money.

Ms Mushinski: I have several questions, I think primarily to clarify what may be some confusion over when you first started receiving expressions of concern about some of the management practices.

Alluding to Mr Hastings's questions about the history, Agricorp was actually established in 1997. It was established, my understanding is, as a schedule 3 agency. Schedule 3 agencies-and I have to go from memory here-are required to follow certain business practices, I assume, and they have certain relationships with the ministry etc. First of all, I wonder how many schedule 3 agencies are under your ministry and if the established business practices are the same for all of those schedule 3 agencies.

Mr Ingratta: While David is checking for the number of schedule 3 agencies, there is a series of management board directives and guidelines for interactions with agencies. As you would know, there used to be four identified types of agencies. Recently, Management Board has extended the definition of agencies because of a broader range of activities that are now being pursued. I believe there are now seven categories of agencies-operational enterprises, service delivery functions, regulatory agencies, a whole range of agencies-so there are those general guidelines and directives. They would be consistent with-

Ms Mushinski: Yes, and contained within these guidelines, I would assume, Mr Ingratta, are some guiding principles behind auditing functions, or checks and balances, especially with new agencies. I wonder if you could enlarge on that for me. I'm just concerned that we heard this morning that there were considerable expressions of concern right from its inception about some of the business practices expressed by the auditor and I'm wondering what kind of communication there was, what kind of follow-up there was and at what point you were required to actually undertake changes in procedure based upon ministerial directive.

Mr Ingratta: In answer to your first question, Agricorp is the only schedule 3 agency-if we use the definition of 1 through 4-that the ministry has a responsibility for. In establishing Agricorp, we developed an MOU, a memorandum of agreement, between the ministry and Agricorp that outlined the responsibilities of the board, of the CEO, of myself and of the minister. So we would have operated under those general guidelines and principles in the MOU. There are appendices in the MOU to deal with some of the regular activities, but I need to come back to the issue that the relationship is an arm's-length relationship. It's not a daily, regular interaction with the agency. The agency is set up for the purpose of conducting that business at arm's length. The basic responsibility of the ministry is to provide that policy direction and oversight to the board.

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Ms Mushinski: So the investment activity, for example, is part of that arm's-length relationship and the day trading that has been alluded to, and certainly referred to, by the auditor through his value-for-money audit.

Mr Ingratta: The general principles on investment are provided. The issue of day trading is not part of that current memorandum of agreement.

Ms Mushinski: When was that first identified? Was it ongoing from 1997?

Mr Ingratta: The day trading?

Ms Mushinski: Yes.

Mr Ingratta: Our understanding is that the day trading took place in October 1999.

Ms Mushinski: There was no such day trading prior to October 1999?

Mr Ingratta: Not that we have or, I believe, the Provincial Auditor has identified. It was a defined, relatively short time period in October. I think the day trading spanned about a two-week period in October 1999.

Ms Mushinski: Those are my questions.

The Chair: Any other questions? You have lots of time left.

Mr Bart Maves (Niagara Falls): I just wanted to pick up on that. Can you clarify, in your best layman's terms that you can-you had ongoing conversations and legal opinions going back and forth between yourselves and the Provincial Auditor and with the federal government starting in 1997 about a certain investment practice or something that was happening on the board. That's one thing. Another issue is the issue of day trading, which never came up until October 1999. So that's a distinct issue from this other issue that you had. Can you clarify the distinction there?

Mr Ingratta: I would attempt to make that clarification. The dialogue we had ongoing with the Provincial Auditor's office was specifically on the use of the interest in the crop insurance fund. The crop insurance fund, I believe, as of the end of March 2000 was around $300 million. That's the fund that is used to pay the indemnifications of the insurance policies that exist. Currently there are about $1.2 billion of indemnifications, so that fund is there to pay claims. I believe the largest claim year that existed under that fund would have been about $150 million; that would have been in 1992. So the fund exists. It's a large sum of money, and the rules around investment are fairly clear and I don't believe are in question as part of the Provincial Auditor's report.

The question that we had debated for some time, and it appears in this report, is that the fund obviously generates interest. The use of that interest was the point of debate. We argued, and had legal opinion to support, that the act was silent on the use of that interest. That is where we decided, in conjunction with the federal government and the grower groups, to use a portion of that interest for administrative purposes with Agricorp. The Provincial Auditor's office has argued that the administrative costs of Agricorp should be paid in their entirety from the federal and provincial grant to Agricorp. That's the point of some dialogue.

We did make the decision, in the presence of the Provincial Auditor's comment that in their view it was inappropriate, to use some of those interest dollars for defined administrative purposes. We also agreed, as the debate between the Provincial Auditor's office and the ministry continued, in order to end the debate, because we didn't want this to go on ad infinitum, that when a final legal opinion was sought-we had an audit opinion and a legal opinion. We agreed we would seek a final legal opinion and we would be bound by that legal opinion. When we received that legal opinion that suggested that the interest from that large fund should not be used for administrative purposes, then we-or Agricorp, more correctly-returned the dollars to that fund, after the final decision had been taken.

Mr Maves: Now-

The Chair: I had some questions as well, but go ahead. You've got five minutes left.

Mr Maves: I went back, because the auditor audits 47 of our schedule 3 agencies. In the course of doing that audit, they publish in the public accounts a letter every year that tells the reader the basis of their audit, and it's directed to the board of directors of Agricorp or to the ministry of public account. It's the same letter every time. It basically just says, "I've done the audit and in my opinion the financial statements present fairly the financial position of the corporation," da, da, da. To anyone reading it, the letter says, "I've done the audit and it gives you a clean bill of health."

I've also got some letters that went to the chair of Agricorp, though, that said, "You will be pleased to note that I have given an unqualified audit opinion on the enclosed financial statements .... Nevertheless, a management letter suggesting areas for improvement will be sent to your attention presently."

Would you be copied, as a ministry official, on those letters when the auditor of that agency is saying-and the auditor can correct me if I'm wrong-"In the course of doing my audit, as the auditor of these agencies, we found some things that are of concern, so we are sending a management letter suggesting areas for improvement to Agricorp"?

Either one of you can answer this question: Would you have been copied on that and, if so, did you also have conversations with the auditor's office about that situation? It's actually Ken Leishman, the assistant provincial auditor, who wrote the letter. I'm curious about the relationship and the communication between the auditor of these agencies and the ministry responsible for that.

The Chair: Mr Ingratta, if you want to give an answer first and then Mr Peters, then I'll go over to Mrs Munro. Go ahead, sir.

Mr Ingratta: The Provincial Auditor would have direct contact with the chairman of the board of Agricorp. Agricorp is the client on that financial audit, so that would have been the first point of contact. Certainly, over the course of the value-for-money audit we would have had dialogue with the Provincial Auditor. But Agricorp is the client of the financial audit-

Mr Maves: I know; I understand. That was the 1998 audit. Then again, in the 1999 audit there is a letter that went out that said, "I give an unqualified audit opinion on the enclosed financial statements and suggestions for areas for improvement will be part of a value-for-money audit plan." From reading this, I think the auditor uncovered some more concerns with the management of Agricorp, told Agricorp he had some concerns, didn't include those concerns in the letter but said he would include them later on in the form of a value-for-money audit.

My concern is the communications between the auditor of these agencies and the ministry responsible for these agencies, that if they're uncovering management problems, not only should they address them with that agency, but they should be letting you know because you're responsible for that agency and they're responsible to you and to the Legislature as auditors of that agency for what those things are. Otherwise, how could you and how could the minister possibly oversee and say, "Yes, here are the problems identified by the auditor. Did Agricorp fix them?"

I'm concerned about this relationship of communication. What exactly is getting communicated?

The Chair: Who wants to comment on that? Really the time is up, but I think we should have an answer to this question.

Mr Erik Peters: It's different mandates of my office. When we do a financial audit, the audit is strictly designed to assess whether there is a fair presentation of the financial position of the operating results of the entity and of its cash flows, but we do not in that audit particularly opine whether things are prudently done within the organization. That is subject to section 12 of the Audit Act, under which I separately report. This is why in many agencies-I'll give you an example. In the Workers' Compensation Board, for example, on WSIB, the Minister of Labour actually introduced special legislation that value-for-money audits be conducted, although the financial audit was going on all along. So the communication of the management points-in this particular case the prime addressee of our financial audit is actually the board of directors that has the governance function, and that's why we-

The Chair: We'll have to leave it at that because the time is up, and a vote is being called for in the House fairly soon as well.

Interjection.

The Chair: Yes, you did get your allotted time, Mr Hastings, you really did.

Anyway, what I would suggest is that we have a subcommittee meeting between now and the next meeting to decide, first of all, whether you want to continue with this on the December 21 meeting or what you want to do on the December 21 meeting. Maybe the caucuses can get their position on that between now and then. So we'll have the subcommittee meeting probably next Tuesday or Wednesday, when it can be arranged with everybody.

Ms Mushinski: Mr Chair, I don't think we have actually been informed by the clerk yet.

The Chair: Yes, we are. Well-

Interjection.

Ms Mushinski: It hasn't been determined? So I think the discussion last week was whether we would be meeting on December 21 if the House isn't sitting.

The Chair: That's right.

Thank you very much for attending here today, Deputy, and the rest of your delegation. We appreciate your attendance. With that, the meeting's adjourned.

The committee adjourned at 1201.