Category: Procurement

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Ontario Court Upholds Debarment of Municipal Contractor, Confirms Municipalities’ Broad Discretion in Commercial Decision-Making

July 10, 2018

In its recent decision, Interpaving Limited v. City of Greater Sudbury, the Ontario Superior Court of Justice (Divisional Court) (Court) upheld a municipality’s four-year debarment of a contractor, affirming municipalities’ broad discretion to make business decisions. The Court also described the scope of the duty of procedural fairness in public sector debarments.   BACKGROUND Interpaving Limited (Contractor) is a road…

Ontario Responds to “Buy American” Measures with the Fairness in Procurement Act, 2018

March 9, 2018

The Government of Ontario has passed the Fairness in Procurement Act, 2018 (Act) in response to measures taken in certain U.S. jurisdictions that restrict Ontario businesses’ opportunities to participate in public procurements. The Act is not yet in force in Ontario. However, when any regulations enacted under the Act come into effect there may be significant consequences for procuring entities…

Fight Against Corruption: Quebec Grants UPAC Greater Independence, Authorizes Agreements with Cooperating Witnesses

February 21, 2018

The recommendations of the Charbonneau Commission report filed in November 2015 continue to resonate within the Quebec legislative landscape. An Act to increase the jurisdiction and independence of the Anti-Corruption Commissioner and the Bureau des enquêtes indépendantes and expand the power of the Director of Criminal and Penal Prosecutions to grant certain benefits to cooperating witnesses (Act), implementing several of…

Updated Procurement Thresholds for Canada’s Free Trade Agreements in Effect

January 12, 2018

In its December 21, 2017 Contract Policy Notice, the Treasury Board of Canada Secretariat published an updated set of procurement thresholds that have been indexed for inflation and came into effect on January 1, 2018. The notice provides the new thresholds applicable to covered federal government procuring entities under Canada’s international free trade agreements (FTAs), such as the North American Free Trade…

International Competition Network Addresses Bid-Rigging in Government Procurement

October 16, 2017

In October 2017, Canada’s Commissioner of Competition John Pecman (Commissioner) joined competition law enforcement authorities from around the world in Ottawa for the International Competition Network’s (ICN) 14th annual Cartel Workshop, which focused on “combating cartels in public procurement”. The Cartel Workshop involved 27 sessions addressing bid-rigging issues such as detection in public versus private procurement, screening public procurement data…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

CETA’s Impact on the Canadian Market

September 21, 2017

The Canada-European Union Comprehensive Economic and Trade Agreement is now in force, on a provisional basis, creating new opportunities for Canadian businesses. We will be releasing a number of resources to help you navigate this new landscape, including: A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement Also, please see the following articles: CETA Now in Force: Are…

A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement

September 21, 2017

CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states. CETA comprises 30 chapters of rules respecting trade between Canada and the EU. The agreement was signed by Canadian and EU leaders on October 30, 2016. CETA will enter into force, on a provisional basis, on September 21, 2017.

Canada’s Procurement System Gets a Boost: CFTA Now in Effect, CETA on Its Heels

July 12, 2017

On July 1, 2017, the widely anticipated update to Canada’s domestic trade agreement, the Canadian Free Trade Agreement (CFTA), came into force. The CFTA is an agreement among the Canadian provinces, territories and the federal government and replaces the 1995 Agreement on Internal Trade (AIT). The CFTA is more comprehensive than the AIT because it covers nearly every sector of…

Webinar: Procurement Roadmap: Navigating Fairness in the Procurement Process

November 28, 2016

Join Partners from our Procurement group for a webinar on navigating fairness in the procurement process. Topics for this webinar will include: Procurement and fairness: basic principles Common fairness issues Judicial review and fairness Speakers Judy Wilson, Partner Marianne Smith, Partner Robin Linley, Partner Mandatory Continuing Education OntarioThis program contains 1 hour and 30 minutes of Substantive content. QuebecYou will…

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