Latest news with #Fasken
Ottawa Citizen
5 days ago
- Business
- Ottawa Citizen
New 'buy Canadian' policies could restrict Canadian companies from bidding on government contracts, lawyers say
Facing a deepening trade war with the United States, the federal government has launched a new procurement policy it says will 'protect Canadian businesses from unfair trade practices.' Article content But trade lawyers contend that the policy might actually end up limiting the ability of some Canadian companies from bidding on government contracts. Article content Article content The new interim procurement policy, which came into effect on July 14, will restrict 'suppliers from countries that limit Canadian access to their own government contracts' from accessing Canadian federal contracts. It will apply to all non-defence contracts worth more than $10,000. Article content Article content Previously, the government had a 'open by default' procurement regime, in which companies from any countries could bid on contracts as long as the Canadian government hadn't imposed sanctions on those countries. The new policy, however, will look to take away access from firms from 'non-trading-partner countries.' Article content The government has introduced the new interim policy in the name of 'protecting and defending the interests of all Canadians' and 'fair market access for Canadian industry,' as Procurement Minister Joël Lightbound put it in a news release announcing the policy. Article content The new policy will limit procurement to Canadian suppliers and firms from 'an applicable trading partner.' Article content However, trade lawyers with Fasken have raised concerns about the policy's definitions of a 'Canadian supplier.' Article content Under the policy, a Canadian supplier must have a physical 'place of business within Canada where it conducts business on a permanent basis' and is 'clearly identified by name and accessible during normal business hours.' Article content Article content For Marcia Mills, a partner at Fasken, this definition uses a 'brick-and-mortar' approach that could be a barrier to thousands of small Canadian businesses that are outside of the conventional business model. Article content Article content 'For a lot of small businesses, disadvantaged businesses, startup companies that are involved in unique technologies, they may not have a physical location,' Mills said. 'They don't fit the definition of Canadian supplier.' Article content The requirement that companies be from 'an applicable trading partner' could exclude join ventures that involve Canadian companies, said Mills, whose practice focuses on procurement, government contracts and international trade agreements, among other areas. Article content 'By reference, (the policy) appears to be removing smaller companies from opportunities at the federal level,' Mills added, noting that many small companies get their start with joint ventures with larger partners.
The Hill
18-06-2025
- Business
- The Hill
Supreme Court rejects Texas's bid to axe nuclear waste storage site
The Big Story The Supreme Court rejected Texas's bid to axe federal approval of a nuclear waste storage facility, arguing the state did not have the right to bring its challenge in the first place. © AP Photo/Alex Brandon, File In a 6-3 decision, the court in effect upheld the Nuclear Regulatory Commission's decision to issue a license to a company that wanted to store nuclear waste off site from a power plant. The opinion, authored by Justice Brett Kavanaugh, said that Texas, as well as private company Fasken Land and Minerals, did not have the right to sue over the license. 'Under the Hobbs Act, only an aggrieved 'party' may obtain judicial review of a Commission licensing decision,' Kavanaugh wrote. 'Texas and Fasken are not license applicants, and they did not successfully intervene in the licensing proceeding. So neither was a party eligible to obtain judicial review.' The opinion did not address the question in the underlying case, which was about whether the Nuclear Regulatory Commission should be allowed to license private off-site nuclear waste storage sites. Kavanaugh was joined by justices John Roberts, Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson. Justices Neil Gorsuch, Clarence Thomas and Samuel Alito dissented. The dissent, authored by Gorsuch, argued that Texas and Fasken should be allowed to sue. 'Radioactive waste poses risks to the State, its citizens, its lands, air, and waters, and it poses dangers as well to a neighbor and its employees,' he wrote. 'Both Texas and Fasken participated actively in other aspects of the NRC's licensing proceeding,' he added. 'Both are entitled to their day in court — and both are entitled to prevail.' Read more at Welcome to The Hill's Energy & Environment newsletter, I'm Rachel Frazin — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains. Did someone forward you this newsletter? Subscribe here. Essential Reads How policy will affect the energy and environment sectors now and in the future: Court blocks EPA from axing environmental justice grants A federal judge this week barred the Trump administration from axing grants that were part of a $600 million program that aimed to tackle pollution in underserved communities. Wildfires may be accelerating the spread of infectious disease by keeping US West residents indoors: Study As climate-driven weather extremes fuel fires across the U.S. West, the tendency of residents to spend more time indoors may be accelerating the spread of infectious diseases, a new study has found. Trump cuts to NOAA, NASA 'blinding' farmers to risks, scientists warn The Trump administration's cuts to climate research and federal weather forecasting agencies are 'blinding' the U.S. to oncoming threats to its food supply — and kneecapping efforts to protect it. What We're Reading News we've flagged from other outlets touching on energy issues, the environment and other topics: 'Abolishing FEMA' Memo Outlines Ways for Trump to Scrap Agency (Bloomberg) What Others are Reading Two key stories on The Hill right now: Senate GOP leader faces pushback after members blindsided by Trump bill Senate Majority Leader John Thune (R-S.D.) is facing strong pushback from members of the GOP conference over the Finance Committee's piece of President Trump's tax and spending bill, which largely ignores GOP senators' concerns about Medicaid cuts and the quick phaseout of clean-energy tax credits. Read more 5 takeaways from Tucker Carlson's interview with Ted Cruz Pundit Tucker Carlson published a nearly two-hour interview with Sen. Ted Cruz (R-Texas) on Wednesday, during which the two conservative firebrands debated President Trump's foreign policy, the future of the Middle East and America's place in the world. Read more You're all caught up. See you tomorrow!
