Fairness in Procurement Act, 2018

1 In this Act, “American jurisdiction” means a sub-national jurisdiction of the United States of America, including any state of the United States of America, the District of Columbia, the United States Virgin Islands, any local government, any territory or insular possession subject to the jurisdiction of the United States of America, or any other prescribed sub-national entity subject to the jurisdiction of the United States of America; (“autorité législative américaine”) “broader public sector entity” includes, (a) a hospital within the meaning of the Public Hospitals Act, (b) the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, (c) a board as defined in subsection 1 (1) of the Education Act, (d) a post-secondary educational institution in Ontario that receives regular operating funding directly from the Government of Ontario, (e) an agency design…

2 (1) The Lieutenant Governor in Council may make regulations designating an American jurisdiction as an offending American jurisdiction if, in the Minister’s opinion, the government of the American jurisdiction has enacted legislation or otherwise provided direction to entities under its authority to apply requirements, restrictions, policies, sanctions or other measures that may inhibit or prevent Ontario suppliers from participating or succeeding in procurement processes initiated by purchasers from the offending American jurisdiction. Participation of suppliers from American jurisdictions (2) The participation of suppliers from offending American jurisdictions in procurement processes initiated by Government entities or broader public sector entities is subject to the requirements, restrictions, policies, sanctions or other measures set out in the regulations, and any affected suppli…

3 (1) A procurement contract entered into by a broader public sector entity is void if the procurement contract or the process by which it was entered into contravenes this Act or a regulation made under this Act, unless the Minister by order validates it. Funding and other agreements (2) Every obligation of a broader public sector entity under this Act or the regulations made under this Act is deemed to be an obligation it is required to comply with under the terms of every agreement or other funding arrangement between the broader public sector entity and the Government of Ontario. Other sanctions (3) If a broader public sector entity contravenes this Act or a regulation made under this Act or if it enters into a procurement contract that contravenes this Act or a regulation made under this Act, the prescribed sanctions or other measures apply as provided in the regulations.

4 (1) No cause of action arises against the Crown, members of the Executive Council, a Government entity or a broader public sector entity or against agents, appointees or employees of the Crown, the Executive Council, a Government entity or broader public sector entity, as a direct or indirect result of, (a) the enactment or repeal of any provision of this Act; (b) the making or revocation of any provision of a regulation or order made under this Act; or (c) anything done or not done in accordance with this Act or a regulation or order made under this Act. No compensation (2) Despite any other Act or law, no person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment, repeal or application of this Act, the making, revocation or application of any regulation or order made under this Act or anything done or not d…

5 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act. Same (2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) prescribing sub-national entities for the purposes of the definition of “American jurisdiction”; (b) prescribing persons or entities for the purposes of clause (h) of the definition of “broader public sector entity”; (c) governing when a purchaser or supplier is considered to be from Ontario or from an offending American jurisdiction; (d) governing whether subsection 2 (2) applies in respect of suppliers, offending American jurisdictions, procurement processes, Government entities or broader public sector entities, and specifying and governing circumstances for the purposes of subsection 2 (3); (e) prescribing and governing requirements, restrictio…

6 (1) Before a regulation is made under this Act, the Minister may consult, in the manner that the Minister considers appropriate, with any persons or bodies that the Minister considers appropriate given the content of the proposed regulation, including any potentially affected Government entities or broader public sector entities. Same (2) The Minister must review every regulation made under this Act at least once every four years after it is made until it is revoked.

7 (1) The provisions of this Act and the regulations made under this Act prevail over the provisions of any other Act and any regulation made under any other Act, irrespective of when the other Act is enacted or the regulation is made under the other Act. Exception (2) Subsection (1) does not apply if the other Act referred to in subsection (1) expressly states that a provision of that Act or of a regulation made under it prevails over the provisions of this Act.

8 Omitted (provides for amendments to this Act).

9 Omitted (provides for coming into force of provisions of this Act).

10 Omitted (enacts short title of this Act). ______________