Bill 275, Supply Chain Management Amendment Act (Provincial Diverse Vendor Strategy), 2021

EXPLANATORY NOTE

The Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019 is amended to require the development and implementation of a Provincial Diverse Vendor Strategy which recognizes the importance of diversity amongst vendors. New section 2.1 requires the Standing Committee on Justice Policy to prepare a report with recommendations relating to the Strategy. New sections 2.2 and 2.3 require the Minister to adopt a business case study relating to diverse vendor procurement and to establish a Diverse Vendor Advisory Board. Sections 2.4 and 2.5 set out the requirements respecting the Strategy. Section 2.6 requires the Minister to prepare an annual report on the Strategy and table the report in the Assembly. Other related amendments are made.

Bill 275 2021

An Act to amend the Supply Chain Management Act
(Government, Broader Public Sector and Health Sector Entities), 2019

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Section 1 of the Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019 is amended by adding the following paragraph:

   5.  To establish the Provincial Diverse Vendor Strategy in order to promote the use of diverse vendors and to advance inclusion in supply chain management.

2 Section 2 of the Act is amended by adding the following definition:

“diverse vendor” means a vendor business that is at least 51 per cent owned, operated, managed or controlled by persons who belong to one or more historically disadvantaged communities; (“fournisseur issu de la diversité”)

3 The Act is amended by adding the following sections:

Provincial Diverse Vendor Strategy

Select or standing committee recommendations

2.1  (1)  The Standing Committee on Justice Policy shall prepare a report with recommendations relating to the Provincial Diverse Vendor Strategy.

Timing of report

(2)  No later than six months after this section comes into force, the Standing Committee on Justice Policy shall deliver the report to the Minister.

Business case study

2.2  No later than six months after this section comes into force, the Minister shall adopt a business case study in relation to diverse vendor procurement.

Diverse Vendor Advisory Board

2.3  (1)  No later than one month after the Standing Committee on Justice Policy delivers its report, the Minister shall establish a Diverse Vendor Advisory Board to assist with the development of the Provincial Diverse Vendor Strategy.

Same

(2)  The Diverse Vendor Advisory Board shall comply with any requirements that may be prescribed with respect to its composition, functions, powers, duties, activities and procedures.

Provincial Diverse Vendor Strategy

2.4  (1)  The Government of Ontario shall develop and implement a Provincial Diverse Vendor Strategy which recognizes the importance of diversity amongst vendors.

Publication

(2)  The Minister shall publish the Strategy on a Government of Ontario website.

Content of Strategy

2.5  The Provincial Diverse Vendor Strategy shall include the following:

   1.  The Strategy’s goals and objectives with respect to the proportion of vendors across all vendors within the province’s supply chain management system that must be diverse vendors.

   2.  Initiatives to promote inclusion of historically disadvantaged communities in economic growth.

   3.  Initiatives to address COVID-19 economic recovery and economic capacity building for diverse vendor candidates who have been disproportionately affected by COVID-19 such as candidates who are immigrants, women, LGBTQ2S+ people, people with disabilities, veterans, Indigenous peoples and racialized people.

   4.  Requirements with respect to diversity that will apply to government entities, broader public sector entities and health sector entities.

   5.  The results of the business case study in relation to diverse vendor procurement adopted pursuant to section 2.2.

   6.  Such other matters as the Minister considers advisable.

Annual report

2.6  (1)  Within one year after the Provincial Diverse Vendor Strategy is developed and at least every year thereafter, the Minister shall prepare an annual report on the Strategy and table the annual report in the Assembly.

Same

(2)  The annual report shall include the Government’s activities to support the Strategy and information about whether any objectives in the Strategy have been met.

Review of annual report by standing or select committee

(3)  After the annual report is tabled in the Assembly, a standing or select committee of the Assembly shall be empowered to review the annual report and to report the committee’s opinions and recommendations to the Assembly.

4 The Act is amended by adding the following section:

Diversity and inclusion

3.1  A government entity, broader public sector entity or health sector entity shall comply with any requirements set out in the Provincial Diverse Vendor Strategy.

Commencement

5 This Act comes into force on the day it receives Royal Assent.

Short title

6 The short title of this Act is the Supply Chain Management Amendment Act (Provincial Diverse Vendor Strategy), 2021.