Timothy Cullen Photo
Timothy Cullen Photo
Timothy Cullen Photo

Timothy Cullen is a skilled regulatory advocacy and advisory lawyer and commercial litigator known for providing practical advice to clients dealing with government.

He is a partner in McMillan’s Transportation (Automotive) group and Complex Disputes and Regulatory Regimes group, where he is a co-lead of the Procurement and Government & Public Policy practices. Clients in a range of industries, including heavily regulated sectors such as automotive and defence, rely on Timothy’s expertise in public procurement, regulatory inspections and investigations, compliance with lobbying and election laws, and motor vehicle safety and emissions regulations.

Political Integrity

In addition to advising clients on compliance with Canada’s political and integrity laws, Timothy defends clients who are being investigated or prosecuted for breaches of the federal Lobbying Act, the Canada Elections Act, and provincial, municipal and territorial lobbying and election laws. He was appointed chair to City of Ottawa’s Election Compliance Audit Committee for the 2022-2026 term.

Automotive Regulatory

Timothy has in-depth knowledge and regulatory expertise relating to the Motor Vehicle Safety Act and the Canadian Environmental Protection Act. He is an advocate for manufacturers advancing their interests with Transport Canada and Environment and Climate Change Canada (vehicle emissions) and an advisor of choice to clients responding to requests for information from regulators and law enforcement. He has represented automotive clients being investigated and prosecuted by Transport Canada/ECCC and the Public Prosecution Service of Canada (PPSC).

Procurement

As co-lead of McMillan’s Procurement group, Timothy advises both public sector buyers and suppliers selling goods and services to public purchasers. When acting for public sector clients, Timothy has designed solicitations for complex acquisitions and advised on compliance with trade treaty procurement obligations and government procurement statues and policies. For organizations in the academic, health and social service sectors, he has written procurement policies and managed the complete redevelopment of procurement processes and documents. When acting for private sector clients, he has counseled suppliers on bidding and contracting for some of the most significant public procurement processes in Canada in the past few years, including major defence acquisition projects.

Timothy acts for clients in procurement challenges before the Canadian International Trade Tribunal and in procurement-related litigation in court. He writes and speaks often about public and private procurement, especially the intersection between procurement and Canada’s integrity laws and policies.

Advocacy and Litigation

As a commercial and regulatory advocate, Timothy has been involved in complex commercial, regulatory and quasi-criminal regulatory proceedings before the Supreme Court of Canada, the Federal Courts, various Ontario courts, the Supreme Court of Yukon, and numerous tribunals. His colleagues seek him out to provide counsel in applications for judicial review before the Federal Court and the Federal Court of Appeal. He has also represented clients in cross-border and domestic commercial arbitrations, and in sport-related appeals and proceedings before the Court of Arbitration for Sport, the Dispute Resolution Secretariat (Tribunal) of the Sport Dispute Resolution Centre of Canada. Timothy has also been retained as an arbitrator in National Sport Organization and Provincial Sport Organization disciplinary and appeal proceedings.

Complementary Expertise

For nearly a decade prior to joining the firm, Timothy served in various roles on Parliament Hill. Over that time, he provided political and policy advice to members of parliament and senators on a range of issues, particularly foreign affairs and international trade. Drawing on this valuable experience, he also serves as a Senior Advisor and General Counsel at McMillan Vantage Policy Group, a full-service, national public affairs firm affiliated with McMillan LLP.

Timothy proudly serves on the Board of the Ottawa Food Bank, and champions fundraising efforts in McMillan’s Ottawa office that support the food bank and other local initiatives tackling food insecurity.




Speaking Engagements

Canadian Institute for Procurement and Material Management (CIPMM) 33rd Annual National Workshop

June 6-8, 2023

Canadian Public Procurement Council's "Forum 2023"

May 2, 2023

bids&tender's Digital Speaker Series: Trade Treaty Obligations in Canadian Public Sector Procurement

April 27, 2021

Bill 142 – The Construction Lien Amendment Act - Ontario Public Buyers Association/Cooperative Purchasing Group of Waterloo Region

November 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Ontario Public Buyers Association/Cooperative Purchasing Group of Waterloo Region

November 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Confidential Client (public sector)

October 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Ontario University Procurement Management Association

October 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Confidential Client (public sector)

June 2017

One of These Things Looks a Lot Like the Other: Procurement Under CETA and the CFTA - eSolutions Group Quarterly User Group Meeting

May 2017

All Hands on Deck: Navigating the Tricky Waters of the Federal Government's New Integrity Regime of Public Procurement - The Canadian Bar Association, Webinar

April 2017

Hot Topics: A Comparative take on the Federal, Ontario and Quebec Regimes - The Commons Seminar on Mastering Public Procurement, Webinar

March 2016
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News


Media Mentions

 


Rankings & Recognitions

  • Queen Elizabeth II Diamond Jubilee Medal
  • 2012–2013 Dean’s Research and Writing Fellow (University of Ottawa Faculty of Common Law)

Directorships & Affiliations

  • County of Carleton Law Association
  • Coaching Association of Canada
  • Canadian Bar Association (Law of Lobbying and Ethics Committee Member)
  • Ottawa Food Bank Board of Directors (Secretary, Chair of the Governance & Nominating Committee)
  • Government Relations Institute of Canada
  • City of Ottawa’s Election Compliance Audit Committee (Chair)

Education & Admissions

2015
Called to the Ontario bar
2018
Certificate in Advanced Procurement Law and Practice: Major Projects and TenderingOsgoode Hall Law School
2017
Certificate in Public Procurement Law and PracticeOsgoode Hall Law School
2014
JD (option in international law) cum laudeUniversity of Ottawa
2014
MA International Affairs, Norman Paterson School of International AffairsCarleton University
2010
BA Political Studies and French, First Class StandingUniversity of Prince Edward Island

Publications

Insights (38 Posts)View More

Featured Insight

Far from being FARA – Canada’s Proposed Foreign Influence Transparency Registry Law Leaves the Details for Another Day

Canada's proposed foreign agent registry doesn't mirror the problematic aspects of FARA, but many details are left to future regulations and guidance.

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Jun 5, 2024
Featured Insight

Shifting Gears – Canada to Consider New Motor Vehicle Equipment Regulations to Help Prevent Auto Theft

Transport Canada announces plan to update safety standards to combat auto theft.

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Apr 22, 2024
Featured Insight

Jumpstarting Zero-Emission Vehicle Adoption in Canada – Federal Government Publishes Final Regulations To Reach 100% ZEVs By 2035

Federal Government officially publishes regulations that will require 100% of new passenger cars and light trucks sold from 2035 to be zero emission vehicles.

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Jan 9, 2024
Featured Insight

Automotive Webinar Series | Part II: Looking towards the Future: Automotive Legislation Updates

Our panel of professionals will highlight important changes impacting the automotive industry in Canada’s ever-evolving regulatory landscape including updates to cross-border sales legislation, advertising obligations arising from drip pricing provisions under the Competition Act and understanding Transport Canada's lates enforcement tool: administrative monetary penalties.

Details
Tuesday, November 7, 2023
Featured Insight

Automotive Webinar Series | Part I: Electric Vehicle Growing Pains & Gains

Our panel of thought leaders will discuss a broad range of topics impacting electric vehicles in Canada. Topics highlighted include: EV funding, policies and mandates: challenges facing Canadian emissions targets, funding and infrastructure; the Canadian regulation of EV batteries including transport, management and recycling requirements; and EV fires and recall obligations.

Details
Thursday, September 28, 2023
Featured Insight

Ontario’s Lobbyists Registration Act To Be Reviewed – Premier Wants Violators to Face Jail Time

The Office of the Attorney General of Ontario announced that the Lobbyists Registration Act would be reviewed and Premier Ford wants jail time for violators.

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Sep 7, 2023
Featured Insight

Canada Amps Up Enforcement of the Motor Vehicle Safety Act and Regulations – Transport Canada’s Long-Awaited Administrative Monetary Penalties (AMPs) Regime Will Come into Full Force on October 3, 2023

Transport Canada’s long-awaited motor vehicle safety administrative monetary penalties (AMPs) regime will come into full force on October 3, 2023.

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Jul 6, 2023
Featured Insight

Supercharging ZEV Sales in Quebec – Province Consults on Planned Updates to the Regulations

The Government of Quebec has announced new draft regulations that would update the province’s zero-emission vehicle (“ZEV”) standards.

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Jun 14, 2023
Featured Insight

Cracking (Down On) the Code – Key Changes to the Lobbyists’ Code of Conduct

A new Lobbyists’ Code of Conduct takes effect July 1, 2023, which has implications for lobbyists and companies and organizations that retain and/or employ them.

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Jun 13, 2023
Featured Insight

Canada Will Introduce A Foreign Influence Transparency Registry – Government of Canada Opens Consultations on the Registry Thru May 9, 2023

Public Safety Canada, the federal department responsible for national security announced consultations on a foreign influence transparency registry.

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Mar 10, 2023
Featured Insight

Rush Order – Government of Canada Invokes Urgent Operational Requirements to Justify Quick Purchases of Military Goods

Canada's Defence Minister invokes Urgent Operational Requirements in Eastern Europe to buy military hardware using an exceptional procurement mechanism

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Mar 10, 2023
Featured Insight

Cleaning Up Canada’s Auto-Emissions – Canada Announces New Manufacturer Sales Targets to Reach the 2035 Transition to 100% Zero-Emission Vehicles

Canada proposes new auto manufacturing targets for zero-emission vehicles beginning for 2026 year models.

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Jan 17, 2023
Featured Insight

A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry

Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?

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Jan 9, 2023
Featured Insight

Mind the (ebike) Gap: How to Proceed with Product Recalls When There is a Regulatory Gap

While consumer interest in electric bicycles is increasing, regulatory interest in electric bicycles, or ebikes, is waning.

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Sep 22, 2022
Featured Insight

Elections and the Workplace: Know Your Rights and Obligations

Coverage of the 2022 Ontario provincial election discussing the Election Act, employer obligations with respect to voting, and employee political activities.

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Apr 21, 2022
Featured Insight

Get With the Program: Third Parties and Political Advertising

Coverage of the 2022 Ontario provincial election discussing the Election Finances Act, third parties, and rules concerning political advertising.

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Apr 21, 2022
Featured Insight

Show Me the Money: Contributions and Doing Business During an Ontario Election

Coverage of the 2022 Ontario provincial election discussing the Election Finances Act, contributions, and rules concerning business during an election.

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Apr 21, 2022
Featured Insight

Lobbying 101: Everything You Need to Know During the Ontario 2022 Election

Coverage of the 2022 Ontario provincial election for lobbyists, government relations professionals, political parties, and grassroots organizations.

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Apr 21, 2022
Featured Insight

Changes have Arrived at the Contract Security Program: Personnel Security Clearances

Changes to the Contract Security program affecting personnel clearances have now come into effect. This bulletin breaks down the changes.

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Nov 8, 2021
Featured Insight

Transport Canada Roadmap Provides Direction on Consent Agreements

Transport Canada releases guidance on the use and development of consent agreements as an alternative enforcement mechanism under the Motor Vehicle Safety Act.

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Nov 1, 2021
Featured Insight

Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

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Aug 16, 2021
Featured Insight

Supreme Court of Canada Modernizes the Interpretation of Releases

The Supreme Court of Canada in its recent decision determined that releases are to be interpreted using general contract principles and no special rules apply.

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Aug 11, 2021
Featured Insight

Ontario’s Lobbying Watchdog Wants Stronger, Clearer, Lobbyists Registration Act

Ontario's lobbying czar wants changes made to Ontario's lobbying law that will capture more activity and require more corporations and non-profits to comply.

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Aug 10, 2021
Featured Insight

Canada’s new mandatory 100% ZEV target is a rapid charge forward.
What we think this announcement means for OEMs, Canadian industry, and more

Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.

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Jul 12, 2021
Featured Insight

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?

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Jun 15, 2021
Featured Insight

Is COVID-19 Government Assistance No Strings? No Way! All Lobbyists Have Reporting Requirements

Applying for and/or receiving COVID-19 financial assistance creates reporting obligations for all lobbyists. Have you updated your lobbyist registration lately?

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Apr 19, 2021
Featured Insight

Lobbying Reform Déjà Vu? Canada’s Commissioner of Lobbying Recommends Heightened Obligations for Lobbyists Once Again

Canada’s Commissioner of Lobbying Submits Preliminary Recommendations to House of Commons Committee on federal Lobbying Act reform.

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Mar 19, 2021
Featured Insight

Transport Canada driving forward with administrative monetary penalties under the Motor Vehicle Safety Act

Transport Canada releases an informal consultation as the latest step to creating the new Motor Vehicle Safety Administrative Monetary Penalties Regulations.

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Oct 22, 2020
Featured Insight

Federal Government Wants Provinces Riding Shotgun for ZEV Sales Targets

Federal Min of Transport requests support for federal plan for non-combustion-powered or "zero-emission" vehicles make up 10% of Canadian vehicle sales by 2025

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Feb 6, 2019
Featured Insight

‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

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Apr 20, 2018
Featured Insight

BC excavator’s court case takes a dig at municipal procurement policies undermined by the CFTA & CETA

Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock bottom?

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Mar 21, 2018
Featured Insight

Motor Vehicle Safety Act Amendments Put Transport Minister in the Driver’s Seat with New Recall, Investigation and Penalty Related Powers

Canadian motor vehicle and equipment manufacturers and importers need to be aware of new powers given to Transport Canada.

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Mar 21, 2018
Featured Insight

Who ya gonna call (out)? Government of Canada introduces tip line to report federal contract fraud

Who ya gonna call (out)? Government of Canada introduces tip line to report federal contract fraud.

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Apr 20, 2017
Featured Insight

In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

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Apr 6, 2016
Featured Insight

The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions

This article was published in Business Law International (September 2015)

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Sep 29, 2015
Featured Insight

For Better or Worse? Canada Updates Procurement Integrity Regime

Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New

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Aug 4, 2015
Featured Insight

Preparing Your Company for a Due Diligence Exercise

Due Diligence is a key step in any purchase and sale of a business. For the Purchaser, the due diligence process is a way to identify potential "deal-killers" or "red flag" issues and assure the purchaser that the purchase of the target's shares or assets is the right decision at the purchase price being offered.

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Jun 10, 2015