Chapter 11 Corruption and Public Procurement

100^ Ibid at 29-30.

101^ Ibid at 29.

102^ Ibid.

103^ Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions (OECD, 9 December 2009), online: .

104^ The World Bank, “New World Bank Procurement Framework Approved” (press release), 21 July 2015, online: .

105^ Graham Steele, Quebec’s Bill 1: A Case Study in Anti-Corruption Legislation and the Barriers to Evidence-Based Law-Making (LLM Thesis, Dalhousie University Schulich School of Law, 2015) at 54, online: .

106^ The Framework can be accessed here: .

107^ Richard L. Cassin, “Compliance alert: World Bank adopts more flexible and transparent procurement reforms” (22 July 2015) The FCPA Blog, online: .

108^ Annalisa Leibold, “Chad: Corruption is real, the FCPA not so much” (8 July 2015), The FCPA Blog, online: .

109^ Paul Sarlo, “The Global Financial Crisis and the Transnational Anti-Corruption Regime: A Call for Regulation of the World Bank’s Lending Practices” (2014) 45 GJIL 1293 at 1308.

110^ Ibid at 1309.

111^ Ibid.

112^ World Trade Organization, “Agreement on Government Procurement: Parties, Observers and Accessions”, online: .

113^ World Trade Organization, “Government Procurement: Agreement on Government Procurement”, online: .

114^ World Trade Organization, Revised Agreement on Government Procurement, Annex to the Protocol Amending the Agreement on Government Procurement (2012).

115^ Ibid.

116^ World Trade Organization, “Agreement on Government Procurement: Parties, Observers and Accessions”, online: .

117^ UN Statistics Division, “Detailed Structure and Explanatory Notes: CPC prov Code 51”, online: . The UN Central Product Classification provides an international standard for organizing and analyzing data on various goods and services.

118^ World Trade Organization, “Agreement on Government Procurement: Coverage Schedules”, online: .

119^ North American Free Trade Agreement Between the Government of Canada, the Government of Mexico, and the Government of the United States, 17 December 1992, Can TS 1994 No 2, 32 ILM 289 (entered into force 1 January 1948), online: NAFTA .

120^ Gerry Stobo & Derek Leschinsky, Pocketbook on the Canadian Public Procurement Regime (Borden Ladner Gervais, 2009) at 13.

121^ The European Commission, “When Will CETA Become Operational?”, online: .

122^ It is not yet clear when ratification of the agreement will take place (Ibid).

123^ Canada-European Union: Comprehensive Economic and Trade Agreement [CETA], online: Foreign Affairs, Trade and Development Canada, .

124^ MASH is the acronym used in procurement laws and practices involving ‘Municipalities, Academic institutions, Schools, and Hospitals.’

125^ CETA explicitly applies to municipalities, school boards and publically funded academic institutions, health and social services entities, Crown Corporations, mass transit by provinces, and 75% of procurements by public utilities: Brenda C. Swick, “A New Era in Municipal Procurement: Canada-EU Comprehensive Economic and Trade Agreement” (McCarthy Tetrault LLP, presentation for Ontario Public Buyers Association, 17 November 2014).

126^ Ibid.

127^ CETA, Article V (Information on the Procurement System) and Article XV (Transparency of Procurement Information).

128^ Brenda C. Swick, “A New Era in Municipal Procurement: Canada-EU Comprehensive Economic and Trade Agreement” (McCarthy Tetrault LLP, presentation for Ontario Public Buyers Association, 17 November 2014).

129^ Ibid; Brenda C. Swick, Leila Rafi & John Boscariol, “Update on Procurement Law in Canada” (presentation at McCarthy Tetrault LLP, 21 January 2015)

130^ Brenda C. Swick, “A New Era in Municipal Procurement: Canada-EU Comprehensive Economic and Trade Agreement” (McCarthy Tetrault LLP, presentation for Ontario Public Buyers Association, 17 November 2014).

131^ Ibid.

132^ Ibid.

133^ UNCITRAL Model Law on Public Procurement, 1 July 2011, online:

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