Untangling the Knotty New Anti-Corruption Rules for Bidding on Public Contracts in Canada

February 5, 2014 3:30pm

Louis Letellier
Director, Public Contracts and Money-Services Businesses
Autorité des marchés financiers, Québec City

Ben Mills
Conlin Bedard, Ottawa

  • Federal government debarment rules
    • Avoiding the dangers to a parent company or sister companies in a holding company when one affiliate goes rogue
    • Is it possible to cure the transgression of an affiliate, and if so how?
    • Does divesting of the company at fault help the parent or its affiliates?
    • What do bidders need to certify when bidding on a contract?
    • What if a company ineligible to bid acts as a subcontractor to someone else’s bid: at what point is it a sham?
    • Is there any discretion in the application of the rules?
    • Screening subcontractors that are specified in your bid
    • Is the threat of debarment keeping individuals and companies from pleading to a charge?
  • Quebec’s new rules under the Integrity in Public Contracts Act
    • What types of contracts, contract dollar thresholds and public bodies are covered?
    • The process for obtaining permits from the AMF, including the role of the permanent anti-corruption unit (UPAC)
    • What will block an entity from obtaining a permit?
    • What is the timeframe for processing of applications?
  • Potential FCPA liability for corrupt practices within Canada
  • World Bank and related entities
    • Debarment rules