Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019

Bills that amended this Act0

No published amendment links yet for this Act.

Sections41

• [s0]

  Purposes and Definitions

• 1Purposes

  1 The following are the purposes of this Act: 1. To enhance supply chain management in respect of government entities, broader public sector entities and health sector entities. 2. To establish a framework for regulating supply chain management, including procurement, in respect of such entities. 3. To leverage the buying power of such entities. 4. To set out roles and responsibilities for supply chain management, including procurement.

• 2Definitions

  2 In this Act, “broader public sector entity” means, (a) a board as defined in subsection 1 (1) of the Education Act, (b) a post-secondary educational institution in Ontario that receives regular operating funding directly from the Government of Ontario, (c) an agency designated as a children’s aid society under subsection 34 (1) of the Child, Youth and Family Services Act, 2017, (d) a corporation controlled by one or more broader public sector entities that exists solely or primarily for the purpose of purchasing goods or services for the broader public sector entity or broader public sector entities, and (e) any other persons or entities prescribed for the purposes of this definition; (“entité parapublique”) “FIPPA or MFIPPA institution” means an entity that is either, (a) an institution as defined in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act, or (b) …

• [s3]
• 2.1Non-application re personal protective equipment and critical supplies and equipment

  2.1 Supply chain management under this Act does not include activities related to the procurement of personal protective equipment or critical supplies and equipment. 2022, c. 11, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2022, c. 11, Sched. 5, s. 18 (1) - not in force

• [s4]

  Obligations of Government, BPS and Health Sector Entities

• 3Supply chain management

  3 A government entity, broader public sector entity or health sector entity shall comply with regulations governing how it carries out supply chain management.

• 4Vendor performance standards and practices

  4 A government entity, broader public sector entity or health sector entity shall comply with regulations requiring it to implement specified vendor performance standards and practices.

• [s7]
• 5Reporting requirements

  5 A government entity, broader public sector entity or health sector entity shall comply with regulations requiring it to report with respect to supply chain management and vendor performance.

• [s8]

  Supply Chain Management Entities

• 6Designation of entity

  6 (1) The Lieutenant Governor in Council may, by regulation, designate a government entity, broader public sector entity or health sector entity as an entity to provide or support supply chain management on behalf of a different government entity, broader public sector entity or health sector entity. Object and duty (2) It is an object and a duty of a designated entity to provide or support supply chain management on behalf of the different entity, in addition to any prescribed object or duty.

• 7Creation of corporation

  7 (1) The Lieutenant Governor in Council may, by regulation, incorporate one or more corporations without share capital that have as their object and duty providing or supporting supply chain management on behalf of government entities, broader public sector entities or health sector entities, in addition to any prescribed object or duty. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (1) of the Act is repealed and the following substituted: (See: 2022, c. 11, Sched. 5, s. 18 (2)) Creation of corporation (1) The Lieutenant Governor in Council may, by regulation, incorporate one or more corporations without share capital that have as their object and duty, (a) providing or supporting supply chain management on behalf of government entities, broader public sector entities or health sector entities in accordance with this Act and the regulations; (b) any…

• 8Protection from personal liability

  8 (1) A regulation under section 6 or 7 may provide that no action or other civil proceeding, including any arbitral, administrative or court proceeding, may be commenced against a current or former member, director, officer, employee or agent of the supply chain management entity for, (a) any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations; or (b) any neglect or default in the exercise or performance in good faith of such a power or duty. Liability of supply chain management entity (2) A regulation under subsection (1) does not relieve the supply chain management entity of liability to which it would otherwise be subject.

• 9Required contractual terms limiting liability

  9 A regulation under section 6 or 7 may, (a) require the supply chain management entity to include in specified contracts or classes of contracts specified terms limiting the liability of the supply chain management entity or of a current or former member, director, officer, employee or agent of the supply chain management entity, subject to any prescribed exceptions; and (b) deem specified contracts or classes or contracts entered into by the supply chain management entity after the regulation comes into force to include those terms.

• [s13]
• 10Fees

  10 (1) A regulation under section 6 or 7 may authorize the supply chain management entity to, subject to the approval of the Minister, set fees or charges relating to any object or duty of the supply chain management entity under this Act or the regulations, which may include, (a) a service fee; (b) a membership fee; (c) a subscription fee; (d) a proprietary charge; and (e) any prescribed fee or charge. Money appropriated by the Legislature (2) A fee or charge under subsection (1) that is payable out of the Consolidated Revenue Fund shall be paid out of the money appropriated for the relevant purposes by the Legislature.

• [s14]

  Information

• 11Personal information

  11 (1) A government entity, broader public sector entity or health sector entity that is a FIPPA or MFIPPA institution shall comply with the regulations authorizing, requiring or governing the collection of personal information, directly or indirectly, for the purposes of ensuring compliance with the regulations referred to in sections 4 and 5. Limits on collection, use and disclosure (2) The entity shall not collect, use or disclose personal information if other information will serve the purpose of the collection, use or disclosure. Same (3) The entity shall not collect, use or disclose more personal information than is reasonably necessary to meet the purpose of the collection, use or disclosure. Notice required by s. 39 (2) of FIPPA or s. 29 (2) of MFIPPA (4) If the entity collects personal information indirectly under subsection (1), without limiting the entity’s ability to give not…

• [s16]
• 12Commercial information, etc.

  12 A disclosure of information in compliance with the regulations referred to in sections 4 and 5 is deemed not to contravene the provisions of an agreement that purports to restrict or prohibit the disclosure of information.

• [s17]

  Compliance

• 13Deemed part of agreement

  13 Every obligation of a broader public sector entity or health sector entity 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 entity and the Crown in right of Ontario or between the entity and an agency of the Crown in right of Ontario.

• 14Supply chain management contractors

  14 A government entity, broader public sector entity or health sector entity that contracts with a third party supply chain manager shall ensure that the contract requires the supply chain manager to comply with any requirement imposed under this Act on the government entity, broader public sector entity or health sector entity, with any necessary modifications.

• [s20]
• 15Withholding funds

  15 (1) If a broader public sector entity or health sector entity fails to comply with this Act, the Management Board of Cabinet may require a minister of the Crown to withhold part or all of any amount authorized by law to be paid to that entity. When amount withheld may be paid (2) An amount withheld shall be paid only when the entity complies. Failure continuing past fiscal year end (3) If the failure to comply continues to the March 31 after the Management Board of Cabinet required the withholding, (a) the entity ceases to be entitled to be paid; and (b) the amount withheld is part of the Consolidated Revenue Fund. Public to be protected (4) The broader public sector entity or health sector entity shall endeavour to minimize any impact of the application of this section on its provision of services to the public.

• [s21]

  Crown Liability

• [s22]
• 16Limitations on remedies

  16 (1) No cause of action arises against the Crown or any current or former member of the Executive Council or any current or former employee or agent of or adviser to the Crown, as a direct or indirect result of, (a) the enactment, operation, administration or repeal of any provision of this Act; (b) the making or revocation of any provision of the regulations made under this Act; or (c) anything done or not done in accordance with this Act or the regulations made under this Act. Proceedings barred (2) No proceeding, including but not limited to any proceeding in contract, restitution, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against the Crown or any current or former member of the Executive Council or any current or former employee or …

• [s23]

  Conflicts

• [s24]
• 17Conflict with MBC directive

  17 In the case of a conflict between a regulation made under this Act and a directive made by the Management Board of Cabinet, the regulation prevails.

• [s25]

  Regulations

• [s26]
• 18Regulations

  18 The Lieutenant Governor in Council may make regulations, (a) governing anything that, in this Act, is required or permitted to be prescribed or that is required or permitted to be done by, or in accordance with, the regulations, or as authorized, specified or provided for in the regulations; (b) clarifying the meaning of any term or phrase used in this Act that is not defined in this Act; (c) exempting an entity from a provision of this Act and setting conditions for the exemption; (d) providing for other matters to carry out the purpose of this Act.

• 19

  19 Omitted (provides for amendments to this Act).

• 20

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

• [s29]
• 21

  21 Omitted (enacts short title of this Act).

• [s30]

  Schedule Corporate and Financial Matters

• [s31]

  The following are the corporate and financial matters referred to in subsection 7 (2) that a regulation that incorporates a corporation without share capital may provide for: 1. The name of the corporation. 2. The composition of the corporation. 3. Whether the corporation is an agent of the Crown. 4. Whether all or part of the Not-for-Profit Corporations Act, 2010 and the regulations made under it applies to the corporation. 5. Whether all or part of the Corporations Information Act and the regulations made under it applies to the corporation. 6. Whether all or part of other corporate statutes and regulations made under those statutes apply to the corporation. 7. The composition of the board of directors and the appointment and remuneration of directors. As an option, the regulation may authorize the Lieutenant Governor in Council to appoint directors and determine their remuneration. 8.…