ANNOUNCED AS TEMPORARYNo
Public procurement, nes
On March 8, 2018 the "Fairness in Procurement Act, 2018" received royal assent. The stated purpose of the act is to respond to protectionist measures initiated by states and local governments in the United States, specifically measures that "inhibit or prevent Ontario suppliers from participating or succeeding in procurement processes" in what the Act describes as "offending American jurisdictions." If a U.S. government adopts a "Buy American" policy that either restricts or prevents an Ontario supplier from participating in a procurement, the Government of Ontario can designate that State as an offending American jurisdiction. Responding "proportionally" means customizing a regulatory response that will affect the procurement processes involving suppliers from the specific offending American jurisdictions. The specific "requirements, restrictions, policies, sanctions or other measures" imposed on a hospital or bidder-supplier will depend on the applicable regulation passed under the act. The range of responses is broad and could include the following:
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