Non Collusion Affidavit Template for Canada

When participating in competitive bidding processes in Canada, you'll often need to provide a Non Collusion Affidavit to demonstrate that your bid was prepared fairly and independently. This sworn document is your legal guarantee that you haven't engaged in bid-rigging, price-fixing, or other anti-competitive practices that could undermine the integrity of the procurement process.

When do you need this document?

You'll typically need a Non Collusion Affidavit when bidding on government contracts at federal, provincial, or municipal levels, particularly for high-value procurements exceeding specified thresholds. Many private sector organizations also require this document for major construction projects, supply contracts, or service agreements. Crown corporations routinely mandate these affidavits for all competitive procurement processes. Additionally, you may need this document when participating in public-private partnerships (P3) or when bidding on infrastructure projects funded by public money. Some industries with heightened regulatory oversight, such as defense contracting or healthcare procurement, may require this affidavit regardless of contract value.

Key legal considerations

Your Non Collusion Affidavit must contain specific declarations about the independence of your bid preparation process. You'll need to affirm that you haven't discussed pricing, terms, or submission strategies with competitors, and that no agreements exist to withdraw bids or submit complementary bids. The document should clearly state that your bid prices weren't influenced by any competitor and that you haven't received or shared confidential bidding information. You must also declare that no inducements were offered to procurement officials and that you understand the legal consequences of providing false information. Remember that this is a sworn affidavit, meaning false statements constitute perjury under Section 131 of the Criminal Code of Canada, which carries serious criminal penalties including imprisonment.

Legal requirements in Canada

Under Canadian law, your Non Collusion Affidavit must comply with the Competition Act, particularly Section 47, which prohibits bid-rigging and conspiracy to fix prices in procurement processes. The affidavit must be sworn before a Commissioner of Oaths, notary public, or other authorized official as required by the Canada Evidence Act. Provincial evidence acts may also apply depending on your jurisdiction. The person making the affidavit must have proper authority to bind the bidding organization and must provide accurate identification and company details. Federal procurement processes governed by the Financial Administration Act have specific requirements for affidavit content and timing of submission. Violation of competition laws through false affidavits can result in criminal charges under Section 121 of the Criminal Code, administrative penalties under the Competition Act, and permanent disqualification from government procurement processes. Ensure your affidavit is completed accurately and submitted within the specified timeframes to avoid automatic bid rejection.