Integrating Responsible Business Conduct in Public Procurement

Canada

1. Policy

Environment

The Policy on Green Procurement requires an active promotion of environmental measures for the procurement procedures of all goods and services.

Human and labour rights

In 2019, Canada launched a National Strategy to Combat Human Trafficking, which includes initiatives to address human trafficking in federal procurement supply chains.

The guidance Ethical Procurement of Apparel includes a requirement for suppliers to declare that they, as well as their first-tier subcontractors, comply with minimum human rights and labour standards.

People with disabilities

The Accessible Canada Act requires organisations (under federal jurisdiction) to identify, remove and prevent barriers to accessibility in, amongst others, the procurement of goods, services and facilities.

The Treasury Board Contracting Policy requires departments to consider and include certain measures like accessibility criteria in the procurement procedures.

Gender considerations

The Women in Procurement Action Plan applies: The 2018 Canadian Budget called for action to boost the participation of women-owned businesses and to reduce the current barriers to federal procurement.

Integrity

In 2015, the Government of Canada established the Integrity Regime to help ensure that the federal government does business with ethical suppliers. The Integrity Regime holds suppliers accountable for their misconduct, and encourages them to co-operate with legal authorities and take corrective action. Through the application of its Ineligibility and Suspension Policy, the regime is designed to foster ethical business practices, ensure due process and uphold the public trust in the federal procurement system.

2. Implementation

Tender phase

• Potential bidders must self-certify that they comply with a set of specific requirements, such as freedom from child labour, forced labour, discrimination and abuse, access to fair wages and safe working conditions.

• Both the Ethical Procurement Certification and the Origin of Work Clause must be included in the bid solicitation on its closing date.

• The Ineligibility and Suspension Policy sets out the charges and convictions that may result in suspension and ineligibility. Integrity provisions (clauses) are incorporated into bid solicitations, contracts and real property agreements; and require suppliers to certify and identify all charges and convictions (domestic and foreign) as specified in the policy.

Post-tender phase

• The supplier must ensure continuous compliance with the provisions of the Ethical Procurement Certification signed during the bidding process throughout the duration of the contract.

• It is the contractor’s responsibility to ensure continuous compliance with the Origin of Work Clause information provided with their bid. In addition, the contractor has the obligation to inform the government in writing of any changes that affect the information provided under the origin of work clause during the entire contract period.

• Prior to the award of a contract or property agreement, an integrity verification of the supplier is conducted to confirm their status under the Integrity Regime.

3. Good Practices

• Canada developed a draft of Social Procurement Guidelines, introducing a set of instructions for procurement officers to include the ethical procurement requirements in bids and contracts for all goods and services.

• Regarding accessibility for people with disabilities, the Canadian government offers information sessions, tools, guidance and online videos for the procurement community (YouTube: 1) The Accessible Canada Act and Government Procurement and 2) What does it mean to consider accessibility in government procurement?).

• Public Services and Procurement Canada supports government buyers by providing technical guidance and best practices to incorporate environmental considerations into procurement decision-making, particularly when it comes to greenhouse gas emissions and plastic waste.

• In 2019, the Treasury Board released the Guidelines on Making Information Technology Useable by All; it aims to facilitate the incorporation of accessible standards in the procurement procedures.

• The Government of Canada has released a guide along with several information bulletins to assist suppliers with understanding their responsibilities under the Integrity Regime, and to help clarify information in the Ineligibility and Suspension Policy. The government also released Integrity Directives to elaborate on or clarify aspects of the policy. These directives form a binding part of the policy.