Category: Procurement

Ontario’s Proposed Supply Chain Management Act: Highlights of Key Provincial Procurement Developments

November 22, 2019

As part of its most recent budget legislation (Bill 138), the Government of Ontario introduced the Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019 (Act) in support of the provincial government’s policy of centralizing procurement activities. Public sector buyers and vendors doing business with Ontario will be keenly interested in this Act and the Regulations…

Public Contracts in Quebec: First Order of the Autorité des Marchés Publics Welcomed by Industry Stakeholders

July 3, 2019

On June 21, 2019, Quebec’s autorité des marchés publics (AMP) rendered its first decision, less than a month after the coming into force of its powers to examine and process complaints about public procurement processes and contract awards. In this decision, the AMP ordered the cancellation of a call for tenders issued by the CHU de Québec-Université Laval (CHU). The…

Refining Fairness: Precedent-Setting Cases in Procurement Law

March 7, 2019

In 2018, courts made significant rulings about what fairness means in procurement law from the perspective of owners and bidders alike. For example, in one case a court reaffirmed the long-standing principle that there is no contractual duty of fairness outside of the “Contract A” framework and rejected the notion that an independent duty of fairness arises under tort principles….

Quebec Public Procurement Authority: Powers and Duties Take Effect

January 25, 2019

On January 25, 2019, certain provisions governing the Autorité des marchés publics (AMP) come into effect, a welcome and anticipated change for many public bodies and private enterprises. The AMP is a neutral and independent public procurement supervisory and regulatory authority in Quebec and the first authority of its kind in Canada. It was created by An Act to facilitate…

Quebec Public Procurement – New Procurement Authority Ramps Up

August 10, 2018

On July 25, 2018, Denis Gallant took office as the first president and chief executive officer of the Autorité des marchés publics (AMP), Quebec’s central public procurement supervisory body, following his appointment by the National Assembly. This entry into office comes almost eight months after the adoption An Act to facilitate oversight of public bodies’ contracts and to establish the…

British Columbia Introduces New Public Procurement Strategy

July 24, 2018

The B.C. Ministry of Citizens’ Services (Ministry) recently introduced a new procurement strategy (Strategy), with the aim to “change the way government buys goods and services and make it easier for businesses to access opportunities”. With over C$6-billion spent annually by the B.C. government on procuring goods and services, the Strategy could have a big impact in the province.  The…

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…