Proposed Regulations under the Proposed Fairness in Procurement Act, 2018 (Bill 194)
Bill or Act:
Bill 194, Fairness in Procurement Act
Summary of Proposal:
If passed, Bill 194, the proposed Fairness in Procurement Act, 2018, would permit the Lieutenant-Governor in Council to make regulations governing procurement practices of Ontario government and/or broader public sector entities. These regulations would be in response to legislation or policies implemented by sub-national (i.e. state or local) American jurisdictions that, in the opinion of the President of Treasury Board, may inhibit or prevent Ontario suppliers from participating or succeeding in public procurement processes initiated by those jurisdictions. If the bill is passed, the government intends to bring forward two new proposed regulations to respond to the Buy American legislation enacted by the states of New York and Texas - one responding to each of the US jurisdictions.
The Government of Ontario values open, transparent and competitive procurement. The proposed regulations are intended to respond proportionally to the restrictions set out in the New York and Texas legislation. The proposed regulations are intended to impose certain measures on government entities entering into procurement contracts with suppliers from the state of New York and with suppliers from state of Texas.
Analysis of Regulatory Impact:
The proposed regulations are not anticipated to impose any new administrative costs for Ontario business.
March 5, 2018
Comments Due Date:
March 9, 2018
Treasury Board Secretariat
Corporate Policy and Accountability Branch
77 Wellesley Street West, 13th Floor