A COMPARATIVE REVIEW OF SURETY BONDS & TENDER BIDDING

IN QUEBEC (INCLUDING NUNAVIK), NEWFOUNDLAND (INCLUDING NUNATSIAVUT), AND NUNAVUT

Abstract

Abstract
This paper is a comparative exploration of approaches to tender bidding
and surety bond use in three Canadian jurisdictions: the Province
of Quebec, as Canada’s sole civil law jurisdiction; the common-law jurisdiction
of the north-easterly neighboring Province of Newfoundland
and Labrador; and, to the north of Quebec, Canada’s newest territorial
government, Nunavut. The review will also include an examination
of the Indigenous self-governing regions of northern Quebec, Nunavik
and northern Newfoundland and Labrador, Nunatsiavut.
The research commences with a literature review and discussion of
the early history of contract law and the principle of good faith, as well as
a review of the historical timeline and evolution of the use of suretyship
via surety and other forms of bonds. From the completion of the historical
review of tender bidding and surety bonds, the focus of the paper
shifts to examining their use within public procurement policies with
respect to contracts at the federal level, along with the select provincial,
territorial and Indigenous governments. This paper also examines the
respective self-government agreements and “land claim agreements,” to
ascertain the tendering flexibility and surety bond requirements.
This project’s research methodology uses secondary data such as
legal studies and case commentaries, as well as relevant political science
and sociological papers, along with credible news articles and government
webpages. This paper’s research also includes communication
with the administrations of the National Aboriginal Capital Corporations’
Association (NACCA), the Territorial Government of Nunavut,
the Nunavik regional government and the government of Nunatsiavut.