Evidence of meeting #31 for Government Operations and Estimates in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was complaints.
A recording is available from Parliament.
9:30 a.m.
Chairman, Canadian International Trade Tribunal
We should be careful here: if a bid process was improper and if the complainant wins, in addition to having his or her costs paid, there may be compensation for the loss of profit. So we must distinguish between the costs and the ultimate penalty.
9:35 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
I thought you seemed to say in your text that you had the power to make recommendations. It was not clear.
9:35 a.m.
Chairman, Canadian International Trade Tribunal
That is the terminology used in the act.
9:35 a.m.
Bloc
9:35 a.m.
Chairman, Canadian International Trade Tribunal
In practice, our recommendations are always implemented by Public Works and Government Services Canada. If the department were to decide not to implement a recommendation, it would have to justify its position. Appeals to the Federal Court of Appeal are possible in such cases as well.
9:35 a.m.
Bloc
9:35 a.m.
Counsel, Legal Services, Canadian International Trade Tribunal
In fact, it has never happened. The act provides that the Crown must implement the recommendations as far as possible. These are the tribunal's decisions.
9:35 a.m.
Chairman, Canadian International Trade Tribunal
I think—and you will correct me if I'm wrong, Eric—that if the department were to decide not to do so, it would have to write to us to give its reasons or publish them.
9:35 a.m.
Counsel, Legal Services, Canadian International Trade Tribunal
Under the regulations, the federal institution, within 20 days of the tribunal's decision—let us call it that—must inform the tribunal and the parties to what extent it intends to implement the tribunal's recommendation. After 90 days, it must say to what extent it has implemented the recommendation.
9:35 a.m.
Liberal
9:35 a.m.
Liberal
The Chair Liberal Diane Marleau
Mr. Julian has to leave.
Mr. Kramp was nice enough to give him his spot, so he could go. I thought that was very nice of him.
So I'm asking Madam to come back. I want to make sure Mr. Julian gets his question, so he can go and do what he has to do.
9:35 a.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
Thank you very much, Madam Chair.
Thank you again, Mr. Kramp, for switching. I have to present a private member's bill in the House.
I actually have three questions. I'll just put them out there and give you the chance to respond.
First, I just wanted to clarify something in terms of the involvement of the CITT in domestic procurement issues. For example, let's take a large IT contract that domestic--Canadian--companies are competing for. To what extent would the CITT be involved? Is it only if there are complaints from one of those companies, and only if there are perceived violations of the agreement on internal trade?
That's the first question.
Second, regarding your reference to the agreement on internal trade's allowing preferences for Canadian goods and suppliers and Canadian value added, could you go into a little more detail about what preferences are allowed on Canadian goods and suppliers and Canadian value added?
Third, you have contacts with international tribunals, such as those that exist in the United States. I'd like to know to what extent you see the Buy American Act having an impact on procurement policies with your colleagues within the trade tribunals in the United States. You'll have to decide whether or not you feel comfortable answering that question.
9:35 a.m.
Chairman, Canadian International Trade Tribunal
With respect to your first question on the internal trade agreement, it is not solely on the internal trade agreement that a complainant, a Canadian supplier, can come before the tribunal. He can come under NAFTA, and he can also come under the WTO agreement on government procurement. The three avenues are open to him for a Canadian procurement, for a call for tenders by a Canadian department.
NAFTA and the WTO have similar criteria. NAFTA inspired the WTO agreement on government procurement. The criteria are practically the same, and the exemptions are also close. The Canadian agreement on internal procurement is slightly different.
But to answer your question specifically, a supplier could come under the three.
9:35 a.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
But in a case where only two domestic suppliers are participating—
9:35 a.m.
Chairman, Canadian International Trade Tribunal
Under the agreement, we have to apply the NAFTA standard to all government procurements. That is Canada's obligation.
9:35 a.m.
Counsel, Legal Services, Canadian International Trade Tribunal
Indeed, in some instances the NAFTA and the agreement on government procurement afford disciplines that have a little bit more bite than the AIT, the agreement on internal trade. So when a domestic supplier comes to us, even if it's a purely Canadian case, I know this may sound odd, but the tribunal will afford the same benefit that is contained in the AGP and NAFTA to Canadian domestic suppliers. So we're affording to Canadian suppliers as much as we'd afford to a foreign company that would come in.