The Canada – UK Trade Continuity Agreement (TCA) – CETA Redux
What it is?
When Does it Come in to Effect?Each Party must ratify the TCA under its own domestic legislation before it can come into effect. Canada did not ratify the TCA before the UK Brexit transition period expired on December 31, 2020. However, the Parties have signed a Memorandum of Understanding (MOU) providing that certain benefits of CETA will continue in effect pending the entry into effect or provisional application of the TCA. This will be followed by legislative work to ratify and implement the TCA when the Parliament of Canada resumes in late January.
What are the Government Procurement Obligations?All of the provisions of Chapter 19 – Government Procurement for Canada that existed under CETA will continue to apply once the TCA is ratified, subject to those modifications to ensure alignment to a two-Party arrangement (e.g. changing references to the EU to the appropriate UK references; retaining the Canada-UK Joint Committee formed under CETA and the continuing application of decisions made by the Canada-UK Joint Committee that were made under CETA).
Other Modifications:For additional information on other aspects of the TCA, please see our bulletins:
- A Work in Progress: Updates regarding the Canada-United Kingdom Trade Continuity Agreement
- Saved by the Bell: The Canada-United Kingdom Trade Continuity Agreement
Tender Publication and the UK’s New Single Point of Access (SPA)
- For UK public procurements commencing after January 1, 2021, contracting authorities are required to publish all notices for procurements in the FTS in place of the OJEU/TED.
- If a public procurement was commenced and not finalized before January 1, 2021, any notices for those procurements must still be published in the OJEU/TED. Contracting authorities must also continue to use OJEU/ TED to publish subsequent notices for the same tender.
Ontario-Maryland Strategic Investment and Procurement Agreement
- Attract investment, promote job creation, and increase two-way trade in both jurisdictions, with a focus on manufacturing, infrastructure, and the agri-food sector.
- Mitigate the impacts of unforeseeable events such as natural disasters or public health emergencies by, for example, sharing best practices to support ongoing responses to the COVID-19 pandemic and securing PPE, etc.
- Create a Procurement Cooperation Council to improve transparency and engagement on government purchasing for businesses based in Ontario and Maryland, and to serve as a platform for the Parties to maintain an open dialogue about existing and future rules related to public procurement.
Trade Agreement Procurement Thresholds for 2021
The thresholds for government procurement coverage under Canada’s national and international trade agreements are provided in the downloadable PDF document.
 The “UK” is the United Kingdom of Great Britain and Northern Ireland.