Find Lawyers in Canada for Public Procurement Law
Practice Area Overview
Government contracting is big business in Canada. It is estimated that more than CDN $100 billion in purchases of goods, services, and construction are made annually by federal, provincial, and local government departments and agencies. The spending of public funds requires a heightened degree of transparency and openness to ensure that governments award contracts to suppliers who offer best value and who provide best solutions. Within the realm of government purchasing and contracting in Canada, there is a dizzying array of statutes, regulations, policies, trade agreements, by-laws, directives, and guidance documents that frame how those activities are carried out.
At the federal level, most government purchasing is subject to the obligations found within the procurement chapters of various trade agreements like the North American Free Trade Agreement and the revised World Trade Organisation – Agreement on Government Procurement. These obligations, which have been enacted into law, require covered federal entities to structure procurement processes in a fair (to all potential suppliers), open, and competitive manner and to evaluate bids strictly in accordance with the terms and conditions of the solicitation.
The objective of the procurement obligations is to ensure that government’s give suppliers a fair chance to bid for, and receive, government contracts. Non-competitive contract awards are discouraged, and at the federal level, are very much the exception. Suppliers are entitled to significant visibility into the evaluation and weighting of factors that will be used to determine the winning bidder. Most federal procurement processes are subject to a timely review by the Canadian International Trade Tribunal (CITT), Canada’s federal bid challenge authority.
Many provincial governments and agencies have enacted policies and directives that guide purchasing within their respective jurisdictions. While not as prescriptive as the federal purchasing regime, provincial purchasing generally respects the procurement obligations contained in the Agreement on Internal Trade, an interprovincial/federal trade agreement. However, unlike the federal contracting world, there is no equivalent CITT bid challenge authority to whom disgruntled bidders at the provincial level can look for a quick and effective remedy. Bidders who feel unfairly treated must exercise their legal recourse through the court system, which for many potential litigants, is an unattractive option given the cost and slower speed of that litigation pathway.
Local government have enacted by-laws within which procurement and contracting is conducted. Like at the federal level, these by-laws provide a detailed framework which guide government officials and bidders/contractors. Most local government entities work hard to respect the obligations contained in the by-laws, knowing that a material departure from those obligations could result in the procurement process being declared unlawful by the courts.
The labyrinth of government procurement and contracting in Canada can be bewildering. However, companies are best served by spending the time and effort to understand the purchasing and contracting regime, before they jump into a procurement or contracting opportunity. Potential government suppliers need to know up front the obligations and opportunities arising from government procurements and contracting. Time and effort spent at the front end will ensure that a suppliers’ rights and entitlements are protected, and that the resulting contractual obligations and requirements are clearly understood before deal closing.
Select a location from the list below to find the best legal talent for your needs.
Province
Annie Bernard's practice focuses on a broad range of complex matters, including construction and class action litigation. She represents clients in almost every sector of the construction industry ranging from owners to general contractors, subcontractors and suppliers on issues involving financing, construction defects, project management, professional liability and breach of contract. She has also developed expertise in issues relating to invitations to tender, legal hypothecs for construct...
Douglas Buchanan, QC, is the Global Head, Infrastructure and Resources at Norton Rose Fulbright. His practice focuses on project development, project finance and M&A with an emphasis on infrastructure, public-private partnerships (PPP), natural resources and power generation. Prior to joining Norton Rose Fulbright, Mr. Buchanan was the co-head of the global infrastructure and project finance group at an international law firm based in New York City. Prior to that, he had built a leading i...
Claudia Déry is the Canadian co-head of our construction and engineering team. She has advised and represented before the courts a number of clients in construction-related matters, including major public-private partnership projects. She has experience in drafting tender documents and construction law topics and conducts the annual review of construction case law for the Canadian Bar Association. She has been ranked in the Best Lawyers in Canada since 2006 in the area of construction ...
John Hurley is a partner in the firm’s Montréal office and leader of the Aboriginal Law Group. He has more than 30 years experience in commercial law, with special emphasis on First Nations, energy and infrastructure, environmental law, regulatory matters and international development. John has long worked with Aboriginal peoples in Québec, especially the Crees and the Inuit, on a wide variety of matters, including government relations, energy and natural resources, enviro...
Helping people is Bryan‘s primary focus. He works closely with his clients to find practical and cost-effective solutions in complex commercial litigation and business immigration matters. Bryan is an experienced courtroom advocate with a broad litigation practice. He handles contractual disputes, builders’ liens, debt collection, product liability, shareholders’ disputes, and disciplinary proceedings. He has a particular interest in construction disputes involving floods, f...
Practical legal solutions that achieve tangible business goals. That is what a company needs to succeed. That is what Scott provides. As a results-oriented lawyer, he works closely with our clients to define and efficiently execute the legal steps to protecting their business and moving it forward. Scott enjoys not only taking on responsibility for important projects for our clients but also providing strategic advice and counsel to meet our clients’ business objectives. Satisfaction fo...
Jay LeMoine is the Canadian head of our infrastructure sector. He is a business lawyer whose work focuses on the commercial aspects of infrastructure projects and business transactions. His practice includes negotiating, drafting and implementing commercial contracts, business structures, public-private partnerships and infrastructure agreements. In addition to his P3 work, Jay regularly advises on a variety of business transactions, including commercial financings, acquisitions and divestitu...
Luc Lissoir is a partner in the firm's Montréal office, practising in securities and corporate and commercial law with particular emphasis on public and private securities offerings, project financing, private equity, mergers and acquisitions and general corporate counselling. After having served as managing partner for Lafleur Brown from 1995 to 2000 and for Gowlings from 2000 to 2007 and following a change in governance, Luc was an active member of the six person Board of Trustees of...
Peter Mantas is a senior litigation partner frequently retained to act in complicated, high stakes matters, including those of national and international importance. Clients appreciate Peter’s experience, strategic advice, knowledge, and tough but reasonable approach. He is also valued for his skills in crisis management, reputational risk and media relations. Peter is the leader of Fasken’s Procurement group, co-leader of its White Collar Defence and Investigations group, and lea...
Martin Masse provides timely and practical advice to clients on a range of federal regulatory matters. His practice focuses on competition/antitrust law, international trade law and procurement/anti-corruption matters. He has advised clients on a variety of competition law matters, including merger controls and Investment Canada Act clearance for domestic and international mergers. Mr. Masse has represented clients in criminal cartel and bid-rigging investigations, including obtaining immunit...
Maria practises business law with a particular emphasis on infrastructure, including public private partnerships. Maria has provided legal advice in the following matters: advising the public sector, private sector and lenders on public private partnership and other alternate financing and procurement transactions, advising on various secured and unsecured credit facilities and project financings for lenders and borrowers, advising on various mergers and acquisitions for private companies, ad...
Marc McLaren-Caux is a Partner in Cassidy Levy Kent’s Ottawa office and has been involved in several of the largest procurement disputes and trade remedy proceedings in Canadian history. Mr. McLaren-Caux leads the firm’s public law and judicial review practice, initiating and responding to judicial reviews taken from trade remedy proceedings, as well as in bringing other trade-related, original judicial review proceedings. He has appeared as lead or co-lead counsel in a number of ...
Marcia Mills practices in the area of Procurement and Government Contracts, National Security, International Trade & Customs, and Technology, Media and Telecommunications and is a member of the Fasken Government Relations team. For over 25 years, Marcia has worked in both the public and private sector as external and in-house counsel in defence, aerospace & security and information technology, including a decade with Public Services and Procurement Canada (PSPC), the central purchasin...
Matt Mulligan’s practice is focused on infrastructure and construction projects. Areas in which he has extensive experience include: procurement - drafting procurement documents and advising owners and bidders on all aspects of tender and RFP processes, including the structuring of procurements, drafting of procurement documents, evaluation of bids or proposals and negotiation of commercial agreements. engineering and construction contracts - drafting and negotiating all types of engine...
Phuong Ngo is a partner in the firm's Ottawa office, practising in the areas of civil and administrative litigation, health law, government procurement, bid protests and judicial review. Ms. Ngo is a partner is in Gowling WLG’s Ottawa office, and leads our Procurement Group. She previously served as a Trustee on the Firm’s Board of Trustees. Phuong is an advocate in the Ontario Court and the Federal Court of Canada. Her work also involves proceedings before various administrative ...
John Singleton is the Chair of Singleton Urquhart Reynolds Vogel LLP . He is a member of the Construction and Infrastructure, Insurance, Alternative Dispute Resolution, Commercial Litigation and Professional Liability Law Groups. John’s practice is focused on the areas of insurance, construction, professional liability and environmental matters, on behalf of property owners, architects, engineers, contractors, regulatory agencies and insurers. He has acted as counsel in several preceden...
Gerry Stobo is the National Leader of the Public Procurement Group. He practises in the area of government contracting and procurement law and international trade law. Prior to joining Borden Ladner Gervais LLP, he was General Counsel to the Canadian International Trade Tribunal. Gerry regularly provides strategic and operational advice on complex procurements for governments, crown corporations and private corporations on public procurement issues. He has participated in numerous bid challen...
Sharon Vogel is a Partner and acts as Co-Chair of Singleton Urquhart Reynolds Vogel LLP’s Construction and Infrastructure Law Group. Her construction practice primarily involves construction disputes relating to large-scale infrastructure, industrial, and commercial projects including highways, railways, tunnels, pipelines, mines, industrial facilities, hospitals, manufacturing plants, commercial buildings and condominiums in various jurisdictions. She specializes in the negotiation, me...
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
In Brief
The Upcycle Conundrum
by Karen Kreider Gaunt
Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.
Wage and Overtime Laws for Truck Drivers
by Greg Mansell
For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.
My Husband Didn’t Want to Stay Married…But He Didn’t Want a Divorce
by Jennifer Billock
Patience—and the law—prevails when an uncooperative partner avoids divorce proceedings.
Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison
Firm founder and lead trial lawyer James P. Frantz discusses how landmark victories in litigation and trial protect consumers.
