A complaint with the Procurement Ombudsman must be filed within 30 business days. Additional inquiries can be directed to Kevin Jones, Procurement Manager at 905.721.8668 ext. 4.2        How does the law apply to “in-house” arrangements, including contracts awarded within a single entity, within groups and between public bodies? Yes. ICLG.com > In Québec, the Public Framework comprises a Regulation respecting government concession contracts applicable to departments or bodies whose budget is voted by the National … Yes, various trade agreements and legislation, regulations and policies contain restrictions on the division of contracts in the procurement context. 1.2        What are the basic underlying principles of the regime (e.g. 5.6 What remedies are available after contract signature? Canada’s Ineligibility and Suspension Policy also contains anti-avoidance rules related to successor entities (see Section 10). Each international trade agreement has implementing legislation in Canada. There is no widely applicable express prohibition or specific rules in relation to alternative or variant bids in Canada. Relevant legislation in other provinces includes the Procurement Services Act, 2003 in British Columbia and the Public Works Act, 2000 in Alberta. Updates related to policies on reporting, taxes, trade agreements and more. In Québec, the Public Contracts Act contains specific provisions respecting joint calls for tenders. Procurement Guideline for Publicly Funded Organizations in Ontario (PDF) Frequently Asked Questions However, restrictions or rules may be included in the procurement documentation and would also be subject to common law or civil law requirements. The Government of Ontario stated that the Act would allow the government to centrally manage public sector supply chains and to collect key data on crucial supplies, which in turn would enable it to prioritize the acquisition and allocation of essential … In Québec, these principles apply to all public procurement processes and are statutory. x"�W3���h=�W=ќ‡6Vˀs����m�ʔ����n�i\u=p�U����ȕ��)Bk��B\�Ȅ�a߰�--����@�H�y%^�A?�B ���LlV��ө-�7c�Uts|��Rغ���,�P@�/�gc��Iz��P�&wG���3!��D�YS��ev2w��KV����PH�'�������'w���͕��A����k�2������ Infrastructure Ontario procures all goods and services in accordance with a procurement policy that is approved by our Board of Directors and subject to the Management Board of Cabinet’s Procurement Directive. ICLG.com > 5.2        Can remedies be sought in other types of proceedings or applications outside the legislation? In Québec, the minimum timescale is typically 15 days pursuant to the Public Framework. The BPS Procurement Directive, issued by the Management Board of Cabinet, sets out procurement rules in the purchase of goods and services, by BPS organizations in Ontario, using public funds. In Québec, public procurement is highly legislated and … This includes … Blake, Cassels & Graydon LLP, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The quality of the advice and the manner in which it is presented is excellent--I've already referred to it for M&A in several jurisdictions to give me an overview before I hired local counsel. Framework agreements are also contemplated by some provincial legislation for instance, in Québec, for the acquisition of cloud goods and services. <> In Québec, these principles apply to all public procurement processes and are statutory. 2.3        Are there financial thresholds for determining individual contract coverage? 3.9        What are the rules on alternative/variant bids? In common law provinces, limitation periods may be shortened through clear unequivocal contractual provisions (subject to restrictions in applicable legislation) but this is rare in the procurement context and subject to the obligation of fairness. City Hall 303 East B Street Ontario, Ca l i forni a 91764. Evaluating references and maintaining discretion to exclude a bidder for material performance deficiencies in prior contracts are others. %PDF-1.5 However, because the involvement of potential bidders in the preparation of a procurement procedure may be seen to create a conflict of interest or unfair advantage in violation of a procuring entity’s governance framework, it may violate a procuring entity’s governance framework to engage potential bidders in this way. Available procedures may include invitation to tender, request for proposals, request for quotation, qualification or prequalification of suppliers, standing offers and supply arrangements. 6.3        To what extent are changes permitted post-contract signature? endobj 5.3        Before which body or bodies can remedies be sought? How to Do Business with the Ontario Government. social value)? For example, pursuant to Section 19.2(6)(a) of CETA, a procuring entity cannot divide its procurement in separate procurements with the intention of totally or partially excluding such procurement from the application of CETA. In most provinces (except Québec, which is three years for monetary claims), the limitation period for claims is two years from the time the claim arises or the claimant should have known of the existence of the claim. Québec courts could order the termination of a contract for non-compliance with the Public Framework, since it is imperative. Please specify the main stages of each procedure and whether there is a free choice amongst them. City Hall 303 East B Street Ontario, Ca l i forni a 91764. Gifts from Suppliers. • provides consistent procurement practices for designated BPS organizations • establishes that publicly funded goods and services are acquired by BPS organizations through a process that is open, fair, and transparent • establishes accountability through each stage of the procurement process • maximizes the value that BPS organizations receive from the use of public funds In Québec, limitation periods are imperative and cannot be waived or shortened contractually. Common circumstances which permit non-competitive procurement include situations of extreme urgency, where a good or service can only be supplied by a particular supplier and no reasonable alternative exists or the absence of participation of suppliers (see Article 19.12 of CETA and Article 513 of CFTA and its Schedules). 3 0 obj 8.1 Are there any proposals to change the law and if so what is the timescale for these and what is their likely impact? Expanded capital raising options: Ontario credit unions will be permitted to sell … 4.1 What are the principal exclusions/exemptions? At the federal level, the Procurement Ombudsman can hear complaints from dissatisfied bidders under certain circumstances in relation to the procurement by certain federal entities. Blake, Cassels & Graydon LLP, Marianne Smith Log in For example, in Ontario, procurement by certain public-sector entities is also governed by the Broader Public Sector Accountability Act and various directives issued by the Management Board of Cabinet. Value for money, geographic non-discrimination, consistent treatment of bidders, accountability and confidentiality are also central to public procurement. It is worth noting that on November 30, 2018, a new United States-Mexico-Canada Agreement (“USMCA”) was signed, which once effective will replace NAFTA. The main piece of legislation is the Act respecting contracting with public bodies (the “Public Contracts Act”) and its implementing regulations and directives, which govern the procurement of public bodies broadly defined (the “Public Framework”). 5.4        What are the limitation periods for applying for remedies? OTP is free for BPS Entities to use. In Québec, for changes which are likely to affect the price of tenders, the Public Framework requires seven days between the change and the tender closing time, which may warrant an extension thereof. The Ontario Tenders Portal (OTP) is the online bidding portal for procurement competitions within the government of Ontario and Broader Public Sector (BPS) Entities . 1 0 obj Timescales vary depending on the applicable governance framework. Learn more about implementing accessible procurement practices at Western University as mandated by the Ontario Government.. Customs & Logistics. Canada is a federal parliamentary democracy and constitutional monarchy. The principle of fairness requires that a procuring entity comply with any rules set out in its procurement documents, so long as they do not conflict with its governance framework. However, USMCA’s chapter on government procurement will not apply to Canada. Additionally, two legal systems co-exist: common law (federal and all provincial and territorial regulation apart from Québec); and civil law (Québec). This contractual framework applies to both the public sector and the private sector when issuing or responding to binding competitive procurement processes and has been integrated into civil law. Under CETA, the minimum timescale for the submission of tenders is 40 days from the publication of the notice of intended procurement or the invitation to tender, but in certain circumstances can be lowered to a minimum of 10 days. In Québec, further statutory rules apply. Outside of the jurisdiction of the CITT, at both the federal and provincial level, bidders can seek recourse through the courts. Additional mitigation measures include early engagement with suppliers, having a Q&A process embedded in the procurement, engaging a fairness monitor and reserving discretion to waive minor deficiencies and clarify genuine ambiguities in proposals. Policies on the management of government assets such as furniture, equipment and vehicles. %���� 5.1        Does the legislation provide for remedies and if so what is the general outline of this? 3.11      What are the rules on market engagement and the involvement of potential bidders in the preparation of a procurement procedure? Procurement update for vendors interested in procurement opportunities with DeafBlind Ontario Services: Effective April 1, 2011, legislation requires compliance with the Broader Public Sector Procurement Directive (BPSPD) by any entity or organization that receives in excess of 10 million dollars in provincial funding. 2.4        Are there aggregation and/or anti-avoidance rules? Thresholds will vary depending on the applicable governance framework, the goods/services being procured and the procuring entity. This early engagement may take various forms including Requests for Information, Letters of Interest and one-on-one consultations. Our goal is to get the best value for every public dollar that is spent, to protect what matters most. CETA and CFTA are the components of Canada’s procurement governance framework with the widest application and broadest scope. Signing Authority Policy. Changes to the membership of bidding consortia pre-contract award is typically subject to the procuring entity’s consent and meeting certain conditions set out in the procurement documents. At the provincial level, the time period for a court to hear and decide a case varies from months to years depending on the complexity of the case and the caseload of the court. Certain types of “in-house” arrangements are not subject to the trade agreements; for example, a procurement between subsidiaries or affiliates of the same entity or between one government body or enterprise and another government body or enterprise (see Section 504(11) and Annexes of CFTA and Article 19 and Annex 19-7 of CETA). Specific rules may apply for the conclusion of framework agreements. Procurement Guideline for Publicly Funded Organizations in Ontario. endobj In Québec, public bodies may be sued for extra-contractual liability (the equivalent of tort) under the Civil Code of Québec in the same courts as those involving private parties. endstream Thresholds will vary depending on the applicable governance framework, the goods/services being procured and the procuring entity. At both the federal and provincial levels, conflict of interest legislation will be applicable. 2.5        Are there special rules for concession contracts and, if so, how are such contracts defined? For instance, in 2011, the province of Québec created a pre-authorisation regime applicable to certain contracts and subcontracts above certain thresholds (the “Qc Authorisation”) and in 2018, it created the Autorité des marches public (“AMP”), an independent supervisory body of public procurement processes. Examples of rules regarding abnormally low tenders include the following: 3.6        What are the rules on awarding the contract? 8.1 Are there any proposals to change the law and if so what is the timescale for these and what is their likely impact? In Québec, public procurement is highly legislated and regulated and this legal framework is mostly binding on public bodies. 3.5        What are the rules on the evaluation of abnormally low tenders? Unless otherwise designated, hospitality expenses are not charged to public or donated funds. Generally, federal, provincial and municipal governments, departments, agencies, Crown corporations and government enterprises and other entities that are owned or controlled by the government (including school boards, universities or public utilities) are subject to a procurement governance framework and the contractual obligations derived from common law or, in Québec, from civil law. Goals and objectives of the Procurement Policy Procure the necessary quality and quantity of Goods and/or Services in an efficient, timely and cost effective manner, while maintaining the controls necessary for a public agency, in accordance with the Procurement We are committed to procuring goods and services through processes that are fair, open, transparent, geographically neutral and accessible to qualified vendors. These organizations are referred to as “in-scope recipients” and must comply with the Supply Chain Guidelines. While the common law recognises a role for negotiation in procurement, including post-award, in a binding process, negotiation would generally be limited to non-fundamental elements of the contract; i.e. The Thunder Bay Chamber of Commerce is speaking out against the Ontario government's move to centralize procurement in the province, warning local businesses stand to … Below such thresholds, a public entity usually has more flexibility in conducting its procurements. Privatisation, understood as the transfer of ownership of an entity from public to private, is governed by legislation/regulation federally and provincially. The principles of fairness, openness and transparency are at the heart of the governance framework applicable to public procurement in Canada. Applicable thresholds in force until December 31, 2019 under key trade agreements may be found at (Hyperlink). ICLG - Public Procurement Laws and Regulations - �� 0��$Rwz New or modified acquisitions policies, procedures, clauses and conditions. 5.6        What remedies are available after contract signature? CFTA specifically contemplates the possibility of joint procurement through “buying groups”. Learn more about how Western is committed to high standards when carrying out their responsibilities of procuring good and services.. CFTA requires the development of an independent and impartial process within each province and federally to allow a bidder to challenge procurement if the bidder believes it was not conducted in accordance with CFTA rules. Model Standards of Practice for Canadian Pharmacists; Drug and Pharmacies Regulation Act and Regulations; Accreditation Standards; College Contact: Pharmacy Practice Purpose. On November 5, 2020, Ontario took another significant step towards centralizing public and broader public sector procurement activities with the new Ontario Regulation 612/20 Centralized Supply Chain Ontario.This regulation establishes a centralized agency to provide and support supply chain management for three classes of entities (collectively, "covered entities"): Canada Some provincial legislation also establishes restrictions on participation. stream �� ��.+���C�_�v�{$��Г�$I�$�K-'���k��/n ��D��{������H�yV�$I�B62�۰�L�3��%�� �/�Ks���z���/��BO��$I�tI�H�����c[��_|; ���&�_T��=;��ͅ�v%I�$颗���7���������2 &��s�潸gk�9O�K�$I���9?����w�i, Learn about Ontario government data. For matters before the CITT, the CITT typically has 90 days from the filing of the complaint to complete its inquiry. For example, on August 22, 2019, in eVision Inc., SoftSim Technologies Inc., in Joint Venture v. Privy Council Office, the CITT recommended that the complainant be compensated for its lost opportunity by an amount equal to one-half of the profit that it would reasonably have earned, had it been the successful bidder in connection with a procurement process that was found to have breached trade agreement obligations. There are also special rules that apply in some provinces and at the federal level to public-private partnership (“PPP”) procurements or to certain areas such as the Nunavut Settlement Area. x��݇w�����?�Jr��@H(I!�ݔݰل���ޫ��66cSB�0,�Q�\�ޅ�d�Ȗd�VoS�W�ٳ7�]Ld�f���|��y������㒤 �����Um7-�+*M�/ �ʼn��������t�U�$I��t&j�|��C�.o�^� Bidders are evaluated based on the disclosed criteria and process. Alyssa Shivji’s practice focuses on public procurement, including the procurement of infrastructure and public-private partnerships (P3s). • The BPS Procurement Directive substantially aligns with: • Provincial Trade Agreements • Ontario’s internal Procurement Directive • The directive is comprised of: 1. As a signatory to trade agreements and subject to the terms thereof, Canada has committed to opening its public procurement processes by covered public entities to suppliers established in signatory countries or jurisdictions. Assignments by the public contracting entity are usually permitted without conditions. 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