CFTA will replace AIT this summer

The Agreement on Internal Trade (AIT) will be replaced by the Canadian Free Trade Agreement (CFTA) on July 1, 2017. The AIT has been in force since 1995 and its purpose was to improve interprovincial trade by removing trade barriers and harmonizing standards across provinces.

Ontario health care organizations that are subject to the BPS Procurement Directive rely on AIT exemptions to allow them to sole-source or single-source in specified circumstances.

DDO Health Law is undertaking an analysis to identify what has stayed the same in the CFTA – and what has changed with respect to procurement rules, thresholds and exemptions. How will this impact your health care organization? Stay tuned! We will post more!

See the CFTA and more background info at:

If you have any questions about how the CFTA may impact your health care organization and its procurement activities, please contact me at

And follow me on Twitter @KathyOB_DDO and follow DDO @DDOHealthLaw.

The Risk of Remaining Silent on Jurisdiction in Contracts

How a contract is interpreted by a court is in large part based on the terms set out in the jurisdiction and governing law sections of the contract. In some situations, parties may be tempted to omit these sections of a contract. Before omitting these sections, a party should be aware of the risks. By omitting jurisdiction and governing law clauses a party could be exposing itself to the possibility of: (i) bearing costs related to engagement of legal counsel in a foreign jurisdiction; (ii) bearing costs related to travel to a foreign jurisdiction; and (iii) being subject to a legal regime with remedies and penalties that the party did not consider when negotiating the relevant contract. Michael Gleeson was recently interviewed on the topic. See: