The federal government's procurement department, Public
Works and Government Services Canada (PWGSC), recently announced an
important change to the provisions of its Supply Manual
that relate to integrity. From now on, all companies that have been
convicted of conspiracy, bid-rigging or any other anti-competitive
activity will be precluded from bidding on PWGSC procurement
contracts or entering into real property transactions with the
In the past, PWGSC's policy contained an exception for
companies that had been part of a leniency program, including the
Competition Bureau's. You will recall that such a program
allows a company accused of one or more criminal cartel offences to
receive a more lenient sentence if it agrees to cooperate with the
Bureau's investigation voluntarily and pleads guilty to the
As a result of the PWGSC announcement, the exception that was
available to participants in a leniency program has been abolished.
The new integrity provisions are also retroactive, as they apply to
companies that pleaded guilty to criminal offences before the
leniency exception was abolished.
There are now only three cases where a company convicted of an
offence listed in the PWGSC integrity policy provisions can be
exempted from exclusion:
Where the company has been granted a pardon;
Where the company's capacities have been restored by the
Where it is necessary to the public interest for the PWGSC to
award a contract to, or to enter into a real property agreement
with, the company.
Norton Rose Group is a leading international legal practice.
We offer a full business law service to many of the world's
pre-eminent financial institutions and corporations from offices in
Europe, Asia, Australia, Canada, Africa, the Middle East, Latin
America and Central Asia.
Knowing how our clients' businesses work and
understanding what drives their industries is fundamental to us.
Our lawyers share industry knowledge and sector expertise across
borders, enabling us to support our clients anywhere in the world.
We are strong in financial institutions; energy; infrastructure,
mining and commodities; transport; technology and innovation; and
pharmaceuticals and life sciences.
We have more than 2900 lawyers operating from 43 offices in
Abu Dhabi, Almaty, Amsterdam, Athens, Bahrain, Bangkok, Beijing,
Bogotá, Brisbane, Brussels, Calgary, Canberra, Cape Town,
Caracas, Casablanca, Dubai, Durban, Frankfurt, Hamburg, Hong Kong,
Johannesburg, London, Melbourne, Milan, Montréal, Moscow,
Munich, Ottawa, Paris, Perth, Piraeus, Prague, Québec, Rome,
Shanghai, Singapore, Sydney, Tokyo, Toronto and Warsaw; and from
associate offices in Dar es Salaam, Ho Chi Minh City and
Norton Rose Group comprises Norton Rose LLP, Norton Rose
Australia, Norton Rose Canada LLP, Norton Rose South Africa
(incorporated as Deneys Reitz Inc), and their respective
On January 1, 2012, Macleod Dixon joined Norton Rose
Group adding strength and depth in Canada, Latin America and around
the world. For more information please visit
Norton Rose will join forces with Fulbright &
Jaworski L.L.P on June 1, 2013, creating Norton Rose Fulbright a
global legal practice with significant depth of expertise across
the USA, Europe, Asia, Australia, Canada, Africa, the Middle East,
Latin America and Central Asia.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The threshold for advance review and Ministerial approval of certain direct foreign acquisitions of control of Canadian businesses under the Investment Canada Act is subject to annual indexing for inflation.
The U.S. Federal Trade Commission (FTC) has announced that it will release tomorrow the annual revisions to the notification and filing fee thresholds of the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Amazon.com.ca Inc. has agreed to pay a $1 million penalty, plus $100,000 in costs, to settle allegations by the Competition Bureau that its practice of advertising savings from a list price contravened the Competition Act's ordinary selling price and misleading email provisions.
Apple and ebook publishers Hachette, Macmillan, and Simon & Shuster have agreed to change how they sell ebooks to settle allegations that they entered into an anti-competitive agreement that reduced price competition by ebook retailers.
On March 29, 2007 the Competition Tribunal denied the Commissioner of Competition’s application under section 100 of the Competition Act to prevent closing of the proposed acquisition of Lakeport Brewing Income Fund by Labatt Brewing Company Limited for a period of 30 days so that the Commissioner could finish her examination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).