Searching Content indexed under Government Contracts, Procurement & PPP by McMillan LLP ordered by Published Date Descending.
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Life Is Not Fair: Unsuccessful Proponent Admits Non-Compliance With RFP, But Sues Fairness Advisor Anyways
Modern public procurements, particularly in the public-private partnership model, typically involve a third party fairness advisor.
11 Jul 2019
Performance Bonds: The New Form 32 Under Section 85.1 Of The Ontario Construction Act
Following up on our previous bulletin, Performance Bonds: What Project Finance Lenders Should Know, in this bulletin, we compare the widely used Canadian Construction Documents Committee's Performance Bond Form 221-2002 ...
10 Jul 2019
Bill 57 - Clarity On When The New Or Old Construction Act Applies
On July 1, 2018, the first portions of the new Construction Act came into effect. Section 87.3 of the CA contains transition provisions that state when the new or old version of the CA applies.
1 Feb 2019
Ontario Premier To Set Precedent Invoking Notwithstanding Clause
In an unprecedented decision released on September 10, 2018, Superior Court Justice Edward Belobaba made a finding of unconstitutionality and struck down the provisions of the provincial Better Local Government Act, 2018.
12 Sep 2018
Inconvenient Termination: The Financial Impact Of Terminating Public-Private Partnership ("P3") Projects
The enormous success of the P3 model in delivering on time and on budget public infrastructure can see troubled waters when new Governments arrive with a different political ideology...
14 Jun 2018
Tis The Season - Ontario Government Introduces Bill Setting Minimum Pay Rates For Private-Sector Contractors On Government Contracts
This week, Ontario's Liberal government introduced legislation by which the government would set new wage requirements for certain workers under government contracts.
25 Apr 2018
Think Twice Before Obtaining A Labour And Material Payment Bond – New Liability For An Old Security
The old practice of just filing away a procured labour and material payment bond without taking proactive steps to notify potential claimants ...
27 Mar 2018
BC Excavator's Court Case Takes A Dig At Municipal Procurement Policies Undermined By The CFTA & CETA
Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock bottom?
27 Mar 2018
Seller Beware: The Dangers Of Sales Language
Winning a procurement bid often means gaining an important deal or a critical new relationship.
22 Jan 2018
Who Ya Gonna Call (Out)? Government Of Canada Introduces Tip Line To Report Federal Contract Fraud
On April 20, 2017, the Government of Canada took another step to enhance the Integrity Regime for government contracting, with the introduction of a new Federal Contracting Fraud Tip Line.
27 Apr 2017
Who Ya Gonna Call (Out)? Government Of Canada Introduces Tip Line To Report Federal Contract Fraud.
On April 20, 2017, the Government of Canada took another step to enhance the Integrity Regime for government contracting, with the introduction of a new Federal Contracting Fraud Tip Line.
24 Apr 2017
In This Great Future, You Can't Forget Your Past – Update To The Government Of Canada's Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
Public Services and Procurement Canada ("PSPC") released an important update to the Integrity Provisions and the Ineligibility and Suspension Policy of the government-wide Integrity Regime on April 4, 2016.
6 Apr 2016
Procurement Complaints Against The Government: More Than Just Bid Challenges
In the context of government procurement, the term "bid challenge" is often used to describe the ability of potential suppliers to government to challenge a government procurement.
16 Feb 2016
TIPTOE THROUGH THE TTIP: Lessons From The Comprehensive Economic & Trade Agreement (CETA) For Negotiators In The Transatlantic Trade & Investment Partnership (TTIP)
The process of ratification and implementation of CETA provides a cautionary tale to those hoping for a quick conclusion to TTIP.
12 Nov 2015
For Better Or Worse? Canada Updates Procurement Integrity Regime
After considerable lobbying by suppliers and business groups, the federal government has unveiled the new government-wide procurement Integrity Regime promised in Budget 2015.
5 Aug 2015
What Fair Is Fair? The Duty Of Fairness Owed To RFP Proponents
If a government institution does not follow a written policy when conducting its RFP procedure, proponents may want to turn to the courts. But what fairness is owed to these proponents and why?
11 Jun 2015
Le Projet De Loi No 26 : Une Approche Novatrice Pour Récupérer Les Sommes Dont Les Contribuables Ont Été Privés Par Les Fraudes Ou Manœuvres Dolosives Dans Le Cadre De Contrats Publics
Le 3 décembre 2014, la ministre de la Justice et Procureure générale du Québec, Mme Stéphanie Vallée, et le ministre responsable de l'Administration gouvernementale et de la Révision des programmes et président du Conseil du trésor, M. Martin Coiteux ont déposé le projet de loi no 26 (le « Projet de loi no 26 ») qui donnera, s'il est adopté, aux organismes publics les moyens d'aller récupérer efficacement les sommes qu'ils ont versées en trop dans les contrats publics.
22 Dec 2014
Canadian Government Suppliers: Getting In Trouble Abroad May Cause Problems At Home
Recent newspaper headlines are highlighting hurdles that some multinationals may face in contracting with the federal government.
3 Nov 2014
Did The City Of Toronto Council Have The Right To Strip The Mayor Of His Powers?
"This is a modern-day overthrow of an elected official. This is wrong," – Mayor Rob Ford as quoted by
5 Dec 2013
Canada Introduces Law Requiring Extractive Companies To Publicly Disclose Payments To Foreign Governments
Prime Minister Stephen Harper announced on June 12, 2013 that Canada has committed to adopting a G8 initiative establishing a mandatory foreign-payment disclosure regime for the resources industry.
3 Jul 2013
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