It is also expected that the rise of digital technologies will have an impact on public procurement and the applicable legal framework. On November 5, 2020, the Ontario government published Ontario Regulation 612/20 Centralized Supply Chain Ontario (the "Supply Chain Regulation"), under the Supply Chain Management Act, 2019 (the "Act"). 1.4        Are there other areas of national law, such as government transparency rules, that are relevant to public procurement? 5.2        Can remedies be sought in other types of proceedings or applications outside the legislation? Ontario is taking a modern, efficient and transparent approach to eliminate redundancies and deliver simpler, faster, better services to the people of Ontario. 3.8        What methods are available for joint procurements? There are numerous examples of cases in which remedies have been obtained from the CITT or from a court. However any such changes are required be disclosed to all bidders in the same manner as the procurement documentation was initially made available and sufficiently in advance to allow bidders to take such amendments into consideration in their tender, as appropriate (see Article 19.9(11) of CETA and Section 510 of CFTA). Updates related to policies on reporting, taxes, trade agreements and more. 5.1        Does the legislation provide for remedies and if so what is the general outline of this? 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. 7.1        Are there special rules in relation to privatisations and what are the principal issues that arise in relation to them? Unless otherwise designated, hospitality expenses are not charged to public or donated funds. 4.1        What are the principal exclusions/exemptions? Decisions made by the CITT are subject to judicial review by the Federal Court of Appeal. The Policy Analyst and Compliance Officer, or successor thereof, is responsible to monitor and review this Policy. This early engagement may take various forms including Requests for Information, Letters of Interest and one-on-one consultations. 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. 25 mandatory requirements 6 BPS Procurement Directive Memo to Vendors. Yes, various trade agreements and legislation, regulations and policies contain restrictions on the division of contracts in the procurement context. A mandatory Code of Ethics designed to support an ethical, professional and accountable supply chain 2. 2.7        Are there special rules on the division of contracts into lots? 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. Generally, a contracting authority is required to award the contract in accordance with the procedure set out in its procurement documentation, to the extent such procedure complies with the applicable governance framework, and in a fair and transparent manner. Updates related to policies on reporting, taxes, trade agreements and more. Public-sector entities have discretion with respect to the procurement process adopted, provided such processes are conducted in an open, transparent and non-discriminatory manner and in compliance with the applicable governance framework. 3.0 PROCUREMENT GUIDELINES ..... 5 3.1 Procurement of Goods and Services with a value of ... jurisdictions that practice reciprocal non-discrimination in Ontario. Accessibility Procurement. 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. Other key areas of federal and provincial law applicable to public procurements include conflict of interest rules, access to information and privacy, official language, lobbying, anti-trust and criminal law. Tel: +1 416 863 5289 / Email: alyssa.shivji@blakes.com, Clémentine Sallée Carrie Fleming’s practice focuses on infrastructure projects, public-private partnerships (P3s), and energy and defence projects. 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 lose a … For example, special rules apply to defence procurement pursuant to the federal Defence Procurement Strategy. Contracting policy notices. BPS organizations are defined as those that receive more than $10 million annually from the Ministry of Finance. Learn more about implementing accessible procurement practices at Western University as mandated by the Ontario Government.. Customs & Logistics. 6.4        To what extent does the legislation permit the transfer of a contract to another entity post-contract signature? In Québec, further statutory rules apply. 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������ In addition, as part of the governance framework, trade agreements may impose obligations (see, for example, Article 19.4(4)(b) of CETA). If not, what are the underlying principles governing these issues? 2 0 obj Various federal policies are also relevant, including the Treasury Board Contracting Policy, the Standard Acquisition Clauses and Conditions Manual, the Supply Manual, the Code of Conduct for Procurement and the Ineligibility and Suspension Policy. Procurement Guideline for Publicly Funded Organizations in Ontario is a summary of best practices in the procurement of goods and services for organizations funded by the Ontario government and not designated under the Broader Public Sector Accountability Act, 2010. Thresholds will vary depending on the applicable governance framework, the goods/services being procured and the procuring entity. Search 671 Procurement jobs now available in Ontario on Indeed.com, the world's largest job site. 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. Register with us FREE, Robert Roeder, Group General Counsel - Impress, and unlock access to three FREE PDF downloads per month. Log in 3.0 PROCUREMENT GUIDELINES ..... 5 3.1 Procurement of Goods and Services with a value of ... jurisdictions that practice reciprocal non-discrimination in Ontario. 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 Additionally, two legal systems co-exist: common law (federal and all provincial and territorial regulation apart from Québec); and civil law (Québec). Financial thresholds determine the obligations of the procuring entity. 2.5        Are there special rules for concession contracts and, if so, how are such contracts defined? endobj �$I���)��g�_�j��� 3�� �Ke�ܪ����~өs}c�?�K�$I*�z�ӿ{��m+6�7; ALK��Xٴ��䈷�%I�$`��=��_3��O ��4yӒ��W�uv����%I�$�o��D�N�?���_]\W�Hߪ �M/O�v�>l=uv8���$I��8?�5t�knXT|� ����]�r�,�-I�$I��(�w>���}WT��) �y�O����S��jI�$IS���ܞ֞�/�����D�u .HI"u��Uo�_�fϗ��* ���{�`׹Q/�K�$I�4墸�@wٳ�f���) �ʗ�T=��`K�@�[�$I�dnd,��Hϼv_���(� CI"u���+�}4�j�� 05ܼ���w�9?��K�$I����x��ss��=ӣ1 L=WͭZ���V�H�$I����s{Z{����� 0��$R7-mx���ǻ���m��~�j��6 �'����w�9�;��.I�$�o���w��{/���� @�v~���[�����%I�$�c�l��>����-�-N�_a oM+K}ky���v��"�s�$I��iq�� @�(*M~���kk� �fC��$I�w�k��?�6; |1E��[�nx��DO:�t/I�$�RE��/��޲�aZY*�� ����=���M��N�$I�Tid,�jձ�ݿ�8�J �����/��V��+��$I�4��̬k. In certain contracts, transfers may even be prohibited. 7.2        Are there special rules in relation to PPPs and what are the principal issues that arise in relation to them? Procurement of specific types of goods or services such as health or social services may also be excluded from the application of an entity’s governance framework, including the trade agreements. and unlock access to three FREE PDF downloads per month

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