2.1: Procurement Regulations

Public sector organizations have individual policies and procedures that determine the best use of public funds when deciding on a purchase. In using procurement best practices, they are encouraged to ensure the process is Open, Fair and Transparent.

Trade agreements, statutes, regulations, case law and policies govern Public Procurement. The legal framework that applies to government procurement at the federal level differs from the framework that applies to the private industry in Canada. The Government Contract Regulations (GCR) is the primary legislation regulating procurement by federal government entities. Several Canadian provinces have put in place legislation to regulate procurement procedures. The Broader Public Sector Procurement Directive in Ontario, the Public Procurement Act in Newfoundland and Labrador, and the Act Respecting Contracting by Public Bodies in Quebec are examples.

Common Law, typically called “Contract A/Contract B,” Procurement Principles apply in federal and provincial procurement contracts. The underlying purpose of a legal framework for the procurement process is to be open, fair, and transparent and to support the principle of value for money.

Provincial Legislation

Act Respecting Contracting by Public Bodies

This Act aims to promote Quebec-sourced products and responsible procurement by public bodies. It also seeks to reinforce the integrity of procurement and to increase the powers of the Autorite des Marches Publics (AMP). The AMP is a neutral, independent body whose primary role is the oversight of public procurement regulations in Quebec.

Broader Public Sector Procurement Directive

Overseen by Supply Ontario, the Broader Public Sector (BPS) Procurement Directive sets out procurement rules for the purchase of goods and services with public funds under Ontario’s Broader Public Sector Accountability Act. This directive aims to ensure that publicly funded goods and services are acquired through a process that is open, fair and transparent; outline responsibilities; ensure that procurement processes are managed consistently; and maximize value from the use of public funds.

The Public Procurement Act of Newfoundland and Labrador

Public Procurement legislation in Newfoundland and Labrador would see tenders awarded for the best value over the lowest cost over several areas of government spending. The Act allows for greater consistency across all public bodies in the tender process, evaluation and award.

The Public Procurement Act of Nova Scotia

The Public Procurement Act governs how public sector entities buy goods and services. The Act helps the government and the public sector work to ensure funds are spent as efficiently as possible. The Act encourages competition, innovative ideas and solutions while respecting legislative and trade obligations.

The Procurement Act and Regulation of New Brunswick

The amended Procurement Act and Regulations ensure that goods, services, and construction services required by the government are procured from New Brunswick vendors and suppliers wherever possible while respecting trade agreements.

The Purchasing Act of Saskatchewan

The Purchasing Act governs the purchasing regulations in Saskatchewan. The regulations aim to ensure that Saskatchewan public procurement officers procure goods and services fairly, achieving the best value and resulting in the best possible balance of benefits to stakeholders and customers.  Procurement activities will support the development of Saskatchewan’s economy, including providing opportunities to Indigenous businesses in Saskatchewan.

Attribution

The multiple choice questions in the Checkpoint boxes were created using the output from the Arizona State University Question Generator tool and are shared under the Creative Commons – CC0 1.0 Universal License.