Designed as a deeper learning experience for all professionals, certificates are intensive, practice-based programs taught by faculty with real-world experience.
Public Procurement Law: The Rules in Practice
Program Director
Marilyn Brown
Procurement Law Specialist
Eligible for
Designed by procurement professionals for procurement professionals
Focused on the practical, this Osgoode certificate is delivered in a live, online format, giving you the opportunity to learn from and network with the leading experts.
The numerous rules governing public procurement in Canada flow from a variety of sources – international trade agreements, directives, legislation, the common law, policies and various socioeconomic factors. The challenges posed by greater supplier competition, demands for ever-increasing transparency coupled with vigorous legal oversight can, for the uninitiated, result in significant legal liability. This 5-day interactive certificate cuts through the legal maze and gives you the skills and knowledge to overcome the most pressing procurement challenges.
Registration includes 120-day unlimited, online access to the recorded program.
What You’ll learn
Public procurement rules and risks overview – the legal framework explained
Principles in strategic sourcing and the procurement process
Key practical strategies to build winning conditions in your purchasing operations
Tips and strategies when preparing the RFx
How to administer the competitive process, including supplier relations, evaluation and selection
How to incorporate active evaluation phases
Techniques to establish and use multi-supplier lists
Principles and tactics in standardization and multi-phase projects
Protectionist policies and trade tensions
Critical trends in public procurement law and practice
PLUS! Don’t miss our interactive workshops on:
Spotting Rfx errors
Handling bid disputes
Developing a compelling procurement strategy
Who Should Attend
Procurement specialists and professionals
Government procurement, legal and finance professionals
Contract/Project managers
Lawyers advising public sector purchasers
Lawyers advising vendors to public purchasers
Board members, CEOs and finance, legal and procurement managers of public bodies, including municipal corporations, special purpose enterprises, hospitals, school boards and academic institutions
Faculty
Program Director
Marilyn Brown, Procurement Law Specialist
Marilyn Brown has 23 years of experience practicing in the area of public procurement law. Marilyn spent the first 10 years of her career as in-house counsel at the City of Toronto, providing legal services to the City’s Procurement Division, followed by 13 years in private practice providing procurement law advice and assistance to many public sector entities across Canada. Throughout her legal career, Marilyn worked closely with her client’s procurement professionals, senior management teams, and in-house legal counsel. She has reviewed and drafted countless procurement by-laws, policies, procedures, and RFx documents, and has provided legal advice and support on hundreds of major procurement projects.
In addition to her legal background, Marilyn is an experienced instructor. She has been the Program Director for Osgoode’s Certificate in Public Procurement Law since 2023 and has delivered a variety of training programs to public sector clients. Marilyn retired from her law practice at the end of 2024 and continues to provide training services related to public procurement.
Advisory Board
Marilyn Clarke
Partner LXM Law
Mike Pacholok
Deputy City Clerk, Member Services and Program Support City of Toronto
Rosslyn Young
Chief Legal Officer, Supply Ontario
Instructors
Marilyn Clarke
Partner LXM Law
Umesh Kalia
Manager, Procurement Strategy and Operations, Procurement Office, Regional Municipality of York
Tharshini Markandaier
Head, Procurement and Category Management, Toronto Transit Commission (TTC)
Mike Pacholok
Deputy City Clerk, Member Services and Program Support City of Toronto
Geneviève Sharkey
Chief Procurement Officer, Purchasing & Materials Division, City of Toronto
Marianne Smith
Blake, Cassels & Graydon LLP, Toronto
Renata Wojteczko
Director Capital Procurement – Toronto Transit Commission (TTC)
“The public procurement landscape is evolving very quickly in terms of new procurement methods combined with trade agreements new legislation, making it very challenging for procurement teams to update their procedures and documents fast enough. This program provides educational information and a forum to discuss potential issues that are unclear.”
Agenda
Core Principles and Governing Rules: An Overview
Detailed description of core procurement principles
The differences between public and private procurement – the key overriding considerations
Sources of the governing rules
Overview of Canadian Procurement Law: Sources of Law
Contract law/Administrative law/Tort law
Contract A and non‑binding formats
Applicable legislation and directives – a cross country check‑up
Trade Agreement Obligations
Canadian Free Trade Agreement (CFTA)
Canada – European Union Comprehensive Economic and Trade Agreement (CETA)
Other International and regional Trade Agreements
Interactive Workshop: Procurement Rule ‘Mashup’
Test your knowledge in this engaging session. From a list of rules, you will work with colleagues and instructors to identify the origin of the rule, geographical jurisdiction and sector application.
Bid Disputes and Legal Challenges
Depending on the nature of the purchaser and what rules apply to the particular procurement, non-compliance may result in:
Contract law claims
Judicial review applications
Bid protest mechanism challenges
Canadian International Trade Tribunal (CITT) complaints
Common Procurement Perils (and How to Avoid Them!)
Non-competitive procurements
Restrictive requirements
Biased specifications
Public openings and “unofficial results”
Non‑compliant bids
Over‑budget bids
Conflict of interest and unfair advantage
Non‑transparent evaluation
Disqualification of bidders
Supplier suspension
Interactive Workshop: Sticky Situations
Using sample fact scenarios (circulated in advance) this workshop will have you working through common procurement risks and reinforce tactics for handling bid disputes.
Developing the Procurement Strategy
Identifying requirements and assessing the market
Recurring requirements
Standardization
Single or multi‑phase project?
Application of trade agreements
Direct award, invitational competition or public competition?
Binding or non‑binding?
Negotiation?
Interactive Workshop: Scenarios and Strategies
Building upon the knowledge gleaned from the first part of the module, the morning session concludes with small, breakout groups where you will consider various scenarios and develop effective procurement strategies for each scenario.
Preparing the RFx
Bidder instructions
Process terms
Disclosure duties
Scope of work and pricing tables
Mandatory requirements
Evaluation criteria
Non-biased specifications
Administering the Competitive Process
Communicating effectively with bidders
Handling bid irregularities
Clarification and rectification
Scoring the rated criteria
Incorporating active evaluation phases
Considering references
Finalizing the contract
Debriefing unsuccessful bidders – “dos and don’ts”
Negotiations in Public Procurement: Tips, Tricks and How to “Stay Onside”
This session explores the practical realities of negotiating in the public procurement context, where commercial objectives must be balanced with transparency, fairness, and legal compliance. This session will examine common negotiation pitfalls, proven strategies for achieving value while managing risk, and the legal and policy constraints unique to Ontario and broader Canadian public-sector procurement. Participants will gain actionable tips, real-world examples, and best practices to help conduct effective negotiations while staying firmly onside with applicable trade agreements, legislation, and case law.
Managing Contract Performance and Supplier Relations
Partnering with third party suppliers, service providers and other organizations has the potential advantage of lower costs, greater efficiency and better customer service. On the other hand, managing these relationships can at times prove problematical and costly. In this session we look at best practices for managing and improving performance.
Group Purchasing
How group purchasing works in Ontario
Legal and policy context – key characteristics
Benefits of group purchasing for (a) public sector buyers (b) for suppliers
Potential pitfalls and limitations
Public Scrutiny, Judicial Inquiries and Audits
The public expects transparency and accountability in respect of the expenditure of public funds. Public purchasers face significant risk of public scrutiny, judicial inquiries and audits when they engage in non-transparent procurement practices, such as:
Non-competitive procurements
Repeat awards to entrenched suppliers
Awarded contracts that significantly/ repeatedly expand in scope and dollar value
Conflicts of interest
Political interference
Backroom deals
The Big Picture
In this session, Program Director Marilyn Brown will look at the importance of viewing procurement decisions with a broad perspective, including:
Comprehensive recap of core topics covered in days 1‑4
How to apply the principles in a common‑sense manner
Tactics and practical solutions to avoid getting “bogged down” in all the rules
Learn from the Experts: Open Mic Forum
For the final session of the program, you will get the chance to learn from our Advisory Board and get your questions answered. Don’t miss this unique opportunity to learn from and engage with these experienced experts. These Q&A sessions are consistently an excellent and valuable learning opportunity.
Substitution of registrants is permitted prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the start of the program. If a cancellation request is made with less than 21 days notice, a $250 administrative fee will apply per person. Within 7 days of the program start date, no refund is available. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
To receive an Osgoode Certificate, you must view all program modules (either live or archived) and successfully complete an online assessment by May 29, 2026.
Clemar Hippolyte
Principal Crown Counsel, Attorney General’s Chambers, Turks and Caicos Islands
“As someone involved in advising government and public sector entities, the program provided timely and relevant tools that I can immediately apply in my day-to-day work, particularly in navigating procurement challenges, evaluating bids, and advising on compliance risk. Overall I would highly recommend this certificate to legal professionals, procurement officers and policy advisors seeking to strengthen their understanding of public procurement law and to contribute to more accountable, transparent and efficient procurement systems.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Construction Law
Application Open
Students typically complete the LLM in two years (6 terms).
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
Unfortunately, no. Effective for all 2019 filings and subsequent years moving forward, the Canada Revenue Agency (CRA) has replaced T2202A’s with the T2202. Under the new CRA definition and criteria, our CLE short courses and certificate programs do not meet the definition of ‘qualifying educational program’. For this reason, we are unable to issue you a T2202. For more information, please visit the CRA site.
Program pages and brochures will include specific information including key dates, or see our Refunds & Cancellation Policies page.
Once a program reaches capacity, a waitlist will be created. This does not guarantee your registration in the program; however, it places you on a priority contact list. If any spots become available, you may be notified by email or phone to confirm if you would like to proceed with the registration. Once contacted, you will typically be given 24 hours to confirm your interest. If you do not confirm interest within the provided timeframe, you will be removed from the waitlist and the next person will be contacted.
A selection of our Certificates are eligible for OSAP funding.
Please note the following exceptions that may affect OSAP funding eligibility for our certificates:
Students receiving Second Career funding for a micro-credential during their study period are ineligible;
Although grants will not be converted to loans, a grant may become repayable if a student withdraws, is determined to be overpaid in grant funding, or income cannot be verified within one year;
A student cannot receive OSAP for micro-credential assistance for their study period if it overlaps with another micro-credential study period in which they are concurrently receiving OSAP for micro-credential funding. However, students may overlap their micro-credential study period with a study period that is part of a different full- or part-time program that they are concurrently receiving funding for through Full-Time OSAP or Part-Time OSAP, provided that OSAP funding was not assessed for the micro-credential course(s) through a Full-Time or Part-Time OSAP application.
NOTE: In order to obtain access to the program, full payment is required at least 1 business day prior to the first module of the program.
Job Grants
The Canada-Ontario Job grant may be applicable to employers seeking to train their staff. To find out if your organization is eligible for the grant and the program you wish to enrol in qualifies, visit: The MTCU Canada-Ontario Job Grant page
Many of our programs include 120-day unlimited, online access to view the recorded program. See the program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
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Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
Our Continuing Legal Education (CLE) programs, ranging from one-hour briefings to more intensive certificate programs, are for all professionals. There are no general prerequisites for these programs; however, individual programs often have specific requirements to register. These are noted on individual program pages and .pdf brochures.
