Canadian International Trade Tribunal Procurement Inquiry Regulations (SOR/93-602)

AMENDMENTS NOT IN FORCE

• — SOR/2025-247, s. 1

  • 1 The Canadian International Trade Tribunal Procurement Inquiry RegulationsFootnote ¹ are amended by adding the following after section 4:

    • Return to footnote ¹SOR/93-602, SOR/95-300, s. 1, SOR/2017-181, s. 1

    Matters Not to be Addressed or Examined

    • • 4.01 (1) Despite any provision in respect of procurement of any trade agreement, the Tribunal shall not address or examine matters relating to any measure in the procurement process that

        • (a) restricts participation in the procurement process to Canadian suppliers or favours Canadian suppliers;

        • (b) requires goods or services supplied to be Canadian goods or services or favours the supply of Canadian goods or services;

        • (c) requires or favours the use of Canadian materials;

        • (d) requires or favours the use of Canadian subcontractors; or

        • (e) requires bids to provide benefits for Canada or include a minimum Canadian value-added or favours bids based on the benefits for Canada they would provide or their Canadian value-added.

      • (2) Despite any provision in respect of procurement of CETA or the CUKTCA, the Tribunal shall not address or examine matters relating to any measure in the procurement process that restricts participation to small businesses.

      • (3) Despite any provision in respect of procurement of any trade agreement, the Tribunal shall not address or examine matters relating to the way in which the expressions “Canadian supplier”, “Canadian good”, “Canadian service”, “Canadian material”, “Canadian subcontractor”, “benefit for Canada”, “Canadian value-added” or “small business” are defined for the purposes of the procurement process.

• — SOR/2025-247, s. 2

  • 2 Section 7 of the Regulations is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

    • (c.1) the complaint raises matters that are not set out in section 4.01; and

• — SOR/2025-247, s. 3

  • 3 Section 11 of the Regulations is replaced by the following:

    • 11 Subject to section 4.01, if the Tribunal conducts an inquiry into a complaint, it shall determine whether the procurement process was conducted in accordance with the provisions in respect of procurement set out in whichever trade agreement applies.

• — SOR/2025-247, s. 4

  • 4 Section 4.01, paragraph 7(1)(c.1) and section 11 of the Canadian International Trade Tribunal Procurement Inquiry Regulations, as they read on the day on which these Regulations come into force, apply in respect of a complaint that is filed on or after December 15, 2025 and for which, as of the day on which these Regulations come into force, the Tribunal has not made a determination under section 11 of the Canadian International Trade Tribunal Procurement Inquiry Regulations.