Building Ontario Businesses Initiative Act (BOBIA)

Effective April 1, 2024, the University is required to comply with the Building Ontario Businesses Initiative Act (BOBIA). BOBIA requires the University to give preference to Ontario Businesses in certain procurements. Purchases from Non-Ontario Businesses will be permitted with appropriate justification; new evaluation processes, documentation requirements, and reporting obligations will apply.

An Ontario Business is defined as:

Any Supplier, manufacturer or distributor that conducts its activities on a permanent basis in Ontario, AND
At the time of a procurement, either:
1. Has its headquarters or main office in Ontario, OR
2. Has a minimum of 250 full-time employees in Ontario.

For purchases exceeding $100,000, Procurement Services will work with departments during the RFP process to ensure compliance with both existing trade agreements and with BOBIA (where required), and to appropriately document any approved exemptions.

For more information on the RFP process, see Open Competitive Procurement.

How to comply with BOBIA for purchases less than $100,000

For purchases under $100,000, departments are required to collect additional information from suppliers at the point of obtaining quotes and maintain records of BOBIA compliance.

Option 1: Award to an Ontario Business

Determine if one or more Ontario Businesses are available to meet your business requirements. You do not need to independently validate the status of an Ontario Business; rather, you must ask the supplier to attest whether they are an Ontario Business.

This can be documented on an Invitation to Quote (ITQ) template, by using an Ontario Business Attestation form, or via email by simply asking suppliers to submit the following statement along with their quote:

The authorized agent represents and warrants that pursuant to O. Reg 422/23, it is an Ontario business that meets the following requirements: (1) the business is a supplier, manufacturer or distributor of any business structure that conducts its activities on a permanent basis in Ontario and (2)The business either, (i) has its headquarters or main office in Ontario, or (ii) has at least 250 full-time employees in Ontario at the time of the applicable procurement process.

Option 2: Give preference to Ontario Businesses in Evaluation

If both Ontario Businesses and non-Ontario Businesses are invited to quote, include a 10% preference for Ontario Businesses in your evaluation criteria (see the Quotation Evaluation Template for more information), document your decision criteria and evaluation.

If a non-Ontario business is selected you must also complete a Non-Ontario Business Justification (NOBJ) form.

Option 3: Document an Approved Exemption

If the goods or services fall into an exempt category or are unavailable from an Ontario Business, you must document the exemption on the Non-Ontario Business Justification (NOBJ) form.

Specific categories of exemption include:

Procurement of Legal Services or Treasury Services (related to the management of financial assets and liabilities, such as debt management, risk management, cash management, banking, or investing);
Goods or Services procured for commercial sale or resale or for use in the production of a good or service intended for commercial sale or resale;
Purchases using a Vendor of Record arrangement not established by Central Procurement Services
Purchases using uSOURCE;
Emergency Circumstances (defined as a situation or impending situation that could result in serious harm to persons or substantial damage to property); or
Procurement of goods or services which are not available from an Ontario Business, or if the goods or services provided by Ontario Businesses do not meet the University’s needs.