Broader public sector (Ontario)

Broader public sector entity is a statutory definition in Ontario's Supply Chain Management Act, 2019 - school boards, funded post-secondary institutions, children's aid societies, BPS purchasing corporations and prescribed entities.

What it is

"Broader public sector entity" is a defined term in Ontario's Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019, S.O. 2019, c. 15, Sched. 37. Section 2 defines it as: (a) a board as defined in the Education Act (school boards); (b) a post-secondary educational institution in Ontario receiving regular operating funding directly from the Government of Ontario; (c) an agency designated as a children's aid society under the Child, Youth and Family Services Act, 2017; (d) a corporation controlled by one or more broader public sector entities that exists solely or primarily to purchase goods or services for them; and (e) any other persons or entities prescribed by regulation.

How it differs from government and health sector entities

The Act uses three parallel defined classes: government entities (the Crown, ministries, public bodies under the Public Service of Ontario Act, 2006, IESO, and Ontario Power Generation and subsidiaries), broader public sector entities, and health sector entities (hospitals and affiliated group purchasing organizations). Section 3 requires each class to comply with regulations governing how it carries out supply chain management - which is how Supply Ontario's O. Reg. 612/20 reaches all three classes.

Why the classification matters

Classification determines which procurement rules attach: BPS entities operate under the BPS Procurement Directive and related accountability legislation, and designated entities can be reached by Supply Ontario data-collection and direction powers. A purchasing corporation controlled by BPS entities - the (d) limb - is itself a broader public sector entity, which is how shared service organizations get pulled in.

Common questions

Are municipalities broader public sector entities under this Act?

Municipalities are not named in the s. 2 definition. They set their own procurement rules (through by-laws and policies) and are covered by trade agreements - such as the CFTA - that bind municipalities, but they are not within the Act's BPS class.

Are hospitals BPS?

No - hospitals are health sector entities under this Act, a separate defined class with its own treatment under Ontario supply chain legislation.

Related definitions

BPS Procurement Directive - Supply Ontario - OECM - Vendor of record - MASH sector