BPS Procurement Directive Implementation Guidebook

10.2.3.4. Privacy legislationThe Freedom of Information and Protection of Privacy Act (FIPPA) and Personal Health Information andProtection of Privacy Act (PHIPPA) make public bodies accountable to the public and protect personal privacy.The privacy legislation stipulates a right of access to records held by public bodies and regulates how publicbodies manage personal information.Individuals engaged in Supply Chain Activities on behalf of Organizations should be aware of the implicationsof the Freedom of Information (FOI) requirements of FIPPA and the resulting importance of professionalconduct. Freedom of Information requests can be made for information on tendering and administration ofcontracts.10.2.3.5. Accessibility LegislationIndividuals engaged in procurement activities on behalf of Organizations should be aware of and ensureprocurement processes comply with the requirements of the Accessibility for Ontarians with Disabilities Act,2005 (AODA).10.2.3.6. Trade AgreementsOrganizations must follow provisions of applicable trade agreements. Where these trade agreements do notrequire Organizations to conduct procurement through a competitive process, Organizations are stronglyencouraged to utilize a competitive approach to procurement.Organizations are required to comply with any amendments to applicable trade agreements approved afterrelease of the Directive.10.2.3.6.1 Agreement on Internal Trade (AIT)The AIT regulates trade between provinces in order to ensure that all Canadian suppliers have equal accessto public-sector procurement. Under the AIT, Organizations must post all procurement opportunities that meetor exceed the dollar thresholds in the table below on an electronic tendering system readily accessible by allsuppliers across Canada.Broader Public SectorGoods and Services $100,000Construction $250,00010.2.3.6.2 Ontario–Quebec Trade and Cooperation Agreement (Ontario-Quebec Agreement)Organizations are subject to the 2009 Ontario–Quebec Trade and Cooperation Agreement which regulatestrade between Ontario and Quebec to ensure equal access to public-sector procurement for respective localsuppliers. Under the Ontario–Quebec Agreement, Organizations must make all procurement opportunitiesmeeting or exceeding the following thresholds accessible to all Quebec suppliers.Broader Public SectorGoods, Services and Construction $100,000In the Directive, the threshold for construction is set to align with the lower of the two requirements as set by theAIT and the Ontario–Quebec Agreement respectively.Page 8