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ARTICLE · 22 APRIL 2025

Public Procurement Bans Targeting U.S. Suppliers

Miller Thomson
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On March 4, 2025 the Premiers of Ontario and British Columbia announced retaliatory measures in response to the United States' ("U.S.") tariffs on Canadian exports....

CanadaGovernment, Public Sector
Andrea Chiu
Andrea Chiu
James Papaeliou
James Papaeliou
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On March 4, 2025 the Premiers of Ontario and British Columbia announced retaliatory measures in response to the United States' ("U.S.") tariffs on Canadian exports, including that effective immediately, all U.S.-based companies would be banned from taking part in government procurement projects in Ontario and British Columbia, with Ontario urging its municipalities to enforce similar restrictions locally.

Since this ban is inconsistent with longstanding trade practices of fair and open procurement, numerous questions are being asked about the legal basis and scope of this ban, such as: what criteria defines a U.S.-based and Canadian-based company? Does the location of a head office or maintaining a certain number of Canadian employees matter? Are U.S.-based companies with existing contracts affected?

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