b'REPRISAL CLAUSES OSWCA CONTINUESTO ADVOCATE FOR THE ONTARIO GOVERNMENT TO CONTEMPLATE THEWe click.APPROACH ADOPTED BY THE MANITOBA GOVERNMENT. THAT IS, DECLARING A ZERO-BY KRISHA RUCHLEWICZ, POLICY ANALYST, OSWCA TOLERANCE POLICY FOR OBSTRUCTIONIST TRADE PRACTICES, INCLUDING THE USE OF ARBITRARY REPRISAL CLAUSES IN TENDERING AND PROCUREMENTPerhaps most significantly, these clauses will undoubt-ably further complicate the already complex and delicate post-COVID-19 recovery period for Ontarios construction market. More specifically, these clauses will place suppliers in the difficult position of weighingThe future is digital.whether to exercise their right to involve public buyers in legitimate legal action for COVID-19-related claims,Lets explore it together.against the possibility of lost future contracting opportunities during the recovery period. Not onlyFind out more about our specialty insurance does this process potentially create an opportunity forand surety solutions.unfairness in the pursuit of assignments, but it also raises concerns regarding the financial implications of arbitrarily reducing competition by eliminating poten-tially qualified suppliers, which may have legitimateTrisura Guarantee Insurance claims against the buyer, from the pool of candidates. Company is a Canadian owned In response to these ongoing concerns, the Associationand operated Property and continues to advocate for the Ontario government toCasualty insurance company contemplate the approach adopted by the Manitobaspecializing in niche insurance government. That is, declaring a zero-tolerance policy for obstructionist trade practices, including the useand surety products. We are a of arbitrary reprisal clauses in tendering and procure- proud supporter of the Insurance ment. Manitobas Finance Minister, Cameron Friesen, formally announced that in order for its public sectorBrokers Association of Canada.bodies to receive funding from the Province, such agencies shall not use reprisal clauses in procurement criterion, adding that the right to exercise due process within contract law should never become a bar towww.trisura.comfuture bid opportunities and reassuring its taxpayers that Manitoba is committed to a fair and transparent tendering process. The Association will continue to encourage the Ontario government to follow suit, not only to avoid claims of unfairness for employing clauses that attempt to hinder the enforcement of legal rights, but to help ensure that the pool of potentially qualified candidatesa step aboveis not reduced by an arbitrary penalty or by the cooling effect such intimidation tactics might have, and help guarantee fairness to bidders and transparency to taxpayers. H 2 OSWCASpring 2020 21'