Procedure – Provincial Procurement Restriction Policy

Purpose

This procedure addresses the provincial Procurement Restriction Policy published on Apr 4, 2025.  The policy is designed to restrict US businesses from accessing public sector procurements in Ontario, as a response to tariffs on Canadian products and services. 

Scope

The policy applies to all Broader Public Sector organizations which includes the University.   All existing directives, trade treaties and policies continue to apply. 

Application

• All new procurements of goods and services at any value as of May 15, 2025
• All methods of procurement (invitational, open competitive or non-competitive)

Non-Application

Preferred Supplier arrangements that were awarded before May 15, 2025 are not subject to this policy

Exceptions*

Purchases from US suppliers are permitted only when both of the following conditions are met:

• a US supplier is the only viable supplier AND
• the purchase cannot be delayed

Both conditions MUST be met for an exemption to be approved.

*If a US supplier meets the exemption criteria above an Exemption Request Form [1] must be submitted to purchasing.helpdesk@uoguelph.ca [2] and must be approved by the VP Financial Services BEFORE the purchase is made.

Definitions

US Business – means a supplier, manufacturer or distributor of any business structure that;

• Has its headquarters or main office located in the US AND
• Has fewer than 250 full time employees in Canada at the time of the procurement process

Representation of Status

The University can rely on a businesses’ representation on whether it meets the definition of a US business, we have no obligation to validate or confirm. 

Suppliers can complete this form [3]to confirm their status.

Implementation

Based on the definition of a US business, all suppliers previously identified as Ontario businesses under BOBI are automatically designated as non-US businesses.  A list of BOBI compliant suppliers can be found in the University Bonfire portal at this link. [4]  Suppliers that wish to declare their status can create a free account on the portal at this link [5].

When conducting an invitational or competitive procurement suppliers must be informed that a US business will not be chosen unless there is no other alternative.  Price is not a valid exemption, in practice this means that if a US supplier’s price is lower and there is a higher priced Canadian alternative, the Canadian supplier must be selected. 

Questions, both internal and from your suppliers, can be directed to purchasing.helpdesk@uoguelph.ca [2]