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

Regulations are current to 2019-08-28 and last amended on 2019-06-03. Previous Versions

Conditions for Inquiry

  •  (1) The Tribunal shall, within five working days after the day on which a complaint is filed, determine whether the following conditions are met in respect of the complaint:

    • (a) the complainant is a potential supplier;

    • (b) the complaint is in respect of a designated contract; and

    • (c) the information provided by the complainant, and any other information examined by the Tribunal in respect of the complaint, discloses a reasonable indication that the procurement has not been conducted in accordance with whichever of Chapter Ten of NAFTA, the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA, Chapter Sixteen of the CPAFTA, Chapter Seventeen of the CHFTA, Chapter Fourteen of the CKFTA, Chapter Nineteen of CETA, Chapter Five of the CFTA, Chapter Ten of CUFTA or Chapter Fifteen of the TPP applies.

  • (2) Where the Tribunal determines that the conditions set out in subsection (1) in respect of a complaint have been met and it decides to conduct an inquiry, the Tribunal shall publish a notice of the filing of the complaint in a circular or periodical designated by the Treasury Board.

  • SOR/95-300, s. 7
  • SOR/96-30, s. 5
  • SOR/2000-395, s. 5
  • SOR/2005-207, s. 5
  • SOR/2007-157, s. 5
  • SOR/2010-25, s. 5
  • SOR/2011-135, s. 5
  • SOR/2013-54, s. 5
  • SOR/2014-223, s. 4
  • SOR/2014-303, s. 4
  • SOR/2017-143, s. 8
  • SOR/2017-144, s. 5
  • SOR/2017-181, s. 7
  • SOR/2018-224, s. 5

Interim Reports

  •  (1) Where the Tribunal produces or causes to be produced an interim report or similar document in respect of the complaint, it shall, before making any order, finding or recommendation in respect of the complaint, provide a copy of the interim report or similar document to the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

  • (2) The complainant, the relevant government institution or any other party that the Tribunal considers to be an interested party may make representations to the Tribunal on any aspect of the report or similar document referred to in subsection (1) that is not confidential information.

  • SOR/2002-403, s. 1

Postponement of Award of Contract

  •  (1) Where the Tribunal, in accordance with subsection 30.13(3) of the Act, orders the government institution to postpone the awarding of a designated contract, it shall, within five working days after the making of the order, notify the government institution of that order.

  • (2) The Tribunal shall rescind an order made under subsection 30.13(3) of the Act, if, within seven working days after the day on which the order is made, the government institution provides a certificate referred to in subsection 30.13(4) of the Act in respect of the designated contract.

  • SOR/96-30, s. 6

Dismissal of Complaints

  •  (1) The Tribunal may, at any time, order the dismissal of a complaint where

    • (a) after taking into consideration the Act, these Regulations and, as applicable, NAFTA, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA or the TPP, the Tribunal determines that the complaint has no valid basis;

    • (b) the complaint is not in respect of a procurement by a government institution;

    • (c) the complaint is not filed within the time limits set out in these Regulations or in any rules made pursuant to subsection 39(1) of the Act; or

    • (d) the complainant has failed to file any information required by the Tribunal.

  • (2) The Tribunal shall order the dismissal of a complaint in respect of which a national security exception set out in NAFTA, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA or the TPP, as applicable, has been properly invoked by the relevant government institution.

  • (3) The national security exception is properly invoked when an assistant deputy minister, or a person of equivalent rank, who is responsible for awarding the designated contract has signed a letter approving that the national security exception be invoked and the letter is dated prior to the day on which the designated contract is awarded.

  • SOR/95-300, s. 8
  • SOR/96-30, s. 7
  • SOR/2000-395, s. 6
  • SOR/2005-207, s. 6
  • SOR/2007-157, s. 6
  • SOR/2010-25, s. 6
  • SOR/2011-135, s. 6
  • SOR/2013-54, s. 6
  • SOR/2014-223, s. 5
  • SOR/2014-303, s. 5
  • SOR/2017-143, s. 9
  • SOR/2017-144, s. 6
  • SOR/2017-181, s. 8
  • SOR/2018-224, s. 6
  • SOR/2019-162, s. 1

Determination

 If the Tribunal conducts an inquiry into a complaint, it shall determine whether the procurement was conducted in accordance with the requirements set out in whichever of NAFTA, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA, the CPAFTA, the CHFTA, the CKFTA, CETA, the CFTA, CUFTA or the TPP applies.

  • SOR/95-300, s. 9
  • SOR/96-30, s. 8
  • SOR/2000-395, s. 7
  • SOR/2005-207, s. 7
  • SOR/2007-157, s. 7
  • SOR/2010-25, s. 7
  • SOR/2011-135, s. 7
  • SOR/2013-54, s. 7
  • SOR/2014-223, s. 6
  • SOR/2014-303, s. 6
  • SOR/2017-143, s. 10
  • SOR/2017-144, s. 7
  • SOR/2017-181, s. 9
  • SOR/2018-224, s. 7

Issuance of Findings and Recommendations

 The Tribunal shall issue its findings and recommendations in respect of a complaint to the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party

  • (a) subject to paragraphs (b) and (c), within 90 days after the filing of the complaint;

  • (b) where, under any rules made pursuant to subsection 39(1) of the Act, the Tribunal grants a request for an express option, within 45 days after it grants that request; or

  • (c) where, under any rules made pursuant to subsection 39(1) of the Act, the Tribunal authorizes an extension of time, within 135 days after the filing of the complaint.

 Where the Tribunal makes recommendations to a government institution under section 30.15 of the Act, the government institution shall:

  • (a) advise the Tribunal in writing, within 20 days after receipt of the recommendations, of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so; and

  • (b) where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, advise the Tribunal in writing, within 60 days after receipt of the recommendations, of the extent to which it has then implemented the recommendations.

  • SOR/96-30, s. 9
 
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