Will the Canadian Free Trade Agreement that comes into effect July 1st impact my ability to engage with GPOs?
by Lise Patry, B.A.Sc., LLB, ICD.D, Patry Law
Thanks for this interesting question. It will come as good news to many that in fact the CFTA provisions clarify rules around the use of buying groups
Under the AIT, we only see a reference to buying groups in the Annexes applicable to Crown corporations and MASH sector entities. Covered entities wishing to purchase through buying groups must ensure the activities of the buying groups are carried out in a “manner consistent with this Annex”.
In the CFTA, the buying group provisions apply to all covered entities and additional rules have been added. Covered entities purchasing through buying groups:
- no longer have to ensure the procurement is consistent with the CFTA if they have little or no control over the procurement process; and
- must publish a notice of participation with the buying group at least annually on their tendering website. The notice must direct potential suppliers to the buying group tender notices website if it is different than the tendering website used by the covered entity.
Readers are cautioned not to rely upon this article as legal advice nor as an exhaustive discussion of the topic or case. For any particular legal problem, seek advice directly from your lawyer or in-house counsel. All dates, contact information and website addresses were current at the time of original publication.
Lise Patry B.A.Sc., LLB, ICD.D
Patry Law | Instructor
Lise Patry is a commercial lawyer, certified corporate director and former business executive with a passion for government procurement. The majority of Lise’s 25-year career has been spent working on procurement contracts in government and private sector organizations as a commercial lawyer.
She has also worked as senior executive responsible for procurement in a large federal Crown corporation. Through Patry Law, Lise provides general counsel services and offers expertise in structuring business contracts and advising on government procurement and corporate governance matters. Lise also regularly speaks and publishes on matters relating to her areas of practice.