Bill 194 explained in plain English
Fairness in Procurement Act, 2018
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 41st Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Fairness in Procurement Act, 2018, enables Ontario to impose retaliatory measures on procurement from designated U.S. sub-national jurisdictions that restrict Ontario businesses.
This Act, known as the Fairness in Procurement Act, 2018, allows the Ontario government to respond to measures imposed by U.S. sub-national jurisdictions that restrict Ontario businesses from participating in their procurement processes. If the Minister believes such measures exist, the Lieutenant Governor in Council can designate that U.S. jurisdiction as an "offending American jurisdiction." The Act then allows for regulations to be made that can impose requirements, restrictions, or sanctions on suppliers from these offending jurisdictions when they participate in procurement processes initiated by Ontario government entities or broader public sector entities. The Act also outlines conditions under which procurement contracts might be voided and limits legal claims against the government related to the Act. It includes provisions for exemptions and requires regulations to be reviewed periodically.
- Establishes the Fairness in Procurement Act, 2018.
- Allows the Lieutenant Governor in Council to designate a U.S. sub-national jurisdiction as an "offending American jurisdiction" if the Minister believes it has measures inhibiting Ontario suppliers in its procurement processes.
- Subjects suppliers from offending American jurisdictions to regulations that may include requirements, restrictions, policies, or sanctions when participating in procurement processes initiated by Ontario government or broader public sector entities.
- Makes procurement contracts void if they contravene the Act or its regulations, unless the Minister orders otherwise.
- Specifies that obligations under the Act are considered obligations under funding arrangements between broader public sector entities and the Government of Ontario.
- Allows for prescribed sanctions or other measures to apply to broader public sector entities that contravene the Act or its regulations.
- Limits the ability to bring legal claims against the Crown, government entities, or their employees related to the enactment, repeal, or application of the Act and its regulations.
- Requires the Minister to review regulations made under the Act at least once every four years.
- Amends the definition of "broader public sector entity" within the Act.
- Ontario government entities.
- Broader public sector entities in Ontario (including hospitals, school boards, and certain educational institutions).
- Suppliers who offer goods or services.
- U.S. sub-national jurisdictions.
- The Crown in right of Ontario.
- Members of the Executive Council.
- Agents, appointees, or employees of the Crown, the Executive Council, government entities, or broader public sector entities.
- The Attorney General of Ontario.
- Suppliers from offending American jurisdictions may be subject to specific requirements, restrictions, or sanctions in procurement processes.
- Government entities and broader public sector entities must comply with regulations regarding suppliers from offending American jurisdictions.
- Procurement contracts that contravene the Act or regulations may be void unless validated by the Minister.
- Broader public sector entities have obligations under the Act that are considered part of their funding arrangements with the Government of Ontario.
- The Minister has the power to validate a voided procurement contract.
- The Attorney General can initiate proceedings to ensure compliance with the Act and its regulations.
- The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
- Subsection 8 (1) of the Act comes into force on the later of the day section 1 of this Act comes into force and the day subsection 34 (1) of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force.
- Subsection 8 (2) of the Act comes into force on the later of the day section 1 of this Act comes into force and the day section 34 of the Patients First Act, 2016 comes into force.
- No person is entitled to compensation for losses or damages arising from the enactment, repeal, or application of this Act or its regulations.
- A procurement contract entered into by a broader public sector entity may be declared void if it contravenes the Act or its regulations, unless the Minister orders otherwise.
- Prescribed sanctions or other measures may apply to broader public sector entities that contravene the Act or its regulations.
- The specific measures, requirements, restrictions, policies, or sanctions that can be applied to suppliers from offending American jurisdictions will be detailed in regulations.
- The Act does not apply to procurement processes initiated by government or broader public sector entities for goods and services intended for commercial sale or resale.
- Exemptions from the Act or its regulations may be obtained through processes established by regulation.
- The commencement date of the Act is subject to proclamation, meaning it is not immediately in force upon Royal Assent.
This bill creates a new Act that establishes rules and powers related to procurement fairness.
Source: Section 1
This Act amends the definition of 'broader public sector entity' by repealing clause (e) and substituting a new clause, and by repealing clause (f).
Source: Section 8
This Act amends the definition of 'broader public sector entity' in the Fairness in Procurement Act by referencing an agency designated as a children's aid society under subsection 34 (1) of the Child, Youth and Family Services Act, 2017.
Source: Section 8 (1)
This Act sets a commencement date for a portion of its provisions based on the commencement of section 34 of the Patients First Act, 2016.
Source: Section 9 (3)
This Act sets a commencement date for a portion of its provisions based on the commencement of subsection 34 (1) of Schedule 1 to the Supporting Children, Youth and Families Act, 2017.
Source: Section 9 (2)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textProcess Snapshot
Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced