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.
9:55 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
Maybe I'll just follow up, because I don't have that many questions.
Once you've made a determination, there's not much you can provide in terms of public disclosure.
9:55 a.m.
Chairman, Canadian International Trade Tribunal
We publish all our decisions. They're on our website, and they're also published on MERX.
9:55 a.m.
Conservative
9:55 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
That probably resolves some of the issues.
Actually, I was talking with our chair earlier. When she was minister, she had situations in which she wasn't allowed to talk about the process. Of course, the company could disclose what it wanted, but then the public relations issues would come up.
It's nice to know that once it's all said and done, you can bring some clarity and assure the public that full reasoning was behind the determination at the end of you making your decision.
10 a.m.
Chairman, Canadian International Trade Tribunal
Absolutely. The reasons are there. Our decisions are public and they're published.
10 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
That's pretty much the only time when full disclosure.... So often when they're making decisions based on procurement, governments can't disclose the terms of the contract or the reasoning behind certain things.
10 a.m.
Chairman, Canadian International Trade Tribunal
Our files are also public, and when we have hearings, they're public too.
10 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
So once they come to you, they have to be prepared to fully disclose, not only to you but also to the public.
10 a.m.
Chairman, Canadian International Trade Tribunal
Absolutely. The only exception would be in a hearing in which there is confidential commercial information. That portion would be in camera.
10 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
What would be included in the commercial consideration? If somebody came with a product they claimed was able to do a certain thing, and if the purchaser found the product did not in fact do what they said it would, the company could say, of course, that it was a commercial liability if it was disclosed that it couldn't do what it was supposed to do. Of course, that would probably be the determining decision as to....
10 a.m.
Chairman, Canadian International Trade Tribunal
I'd love to answer, but I'm constrained here in terms of.... As I stated initially, I cannot answer hypothetical questions.
10 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
Right, so what types of things would be included in the listing of things that wouldn't be disclosed in terms of commercial considerations?
10 a.m.
Chairman, Canadian International Trade Tribunal
We publish general guidelines on what we consider confidential, and they're on our website. When somebody files a complaint....
Hélène, maybe you can answer that question best.
10 a.m.
Hélène Nadeau Secretary, Secretariat, Canadian International Trade Tribunal
We always maintain two sets of files: a public file and a confidential file. We have generally accepted guidelines with respect to what is confidential, like business-sensitive information. For instance, we'll put a financial proposal in a confidential file, because obviously the supplier doesn't want his financial proposal to be on the public file. The complaint itself is public.
10 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
So the company itself can determine what they want to keep confidential.
10 a.m.
Conservative
Chris Warkentin Conservative Peace River, AB
No, I'm thinking more technically in terms of the product itself and in terms of specifications of the product.
10 a.m.
Secretary, Secretariat, Canadian International Trade Tribunal
If they would like to put something as confidential and the other side does not necessarily agree, we'll have--
10 a.m.
Chairman, Canadian International Trade Tribunal
A tribunal decision on this issue.
10 a.m.
Liberal
10 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
Madam Chair, I will probably be the last one to intervene. I only have four questions.
I want this to be very clear. On page 8 of the English version of your presentation, you say: “Recommendations made by the Tribunal in its determination are, by statute, to be implemented to the greatest extent possible.”
A little earlier, I asked you a question about international trade, and the same applies for domestic trade. I want to make this comparison because I think it is important. As far as international trade is concerned, your decisions are applied to the greatest extent possible. To the extent possible, this implies that the Minister of International Trade can completely ignore your decision. There have been precedents.
In this case, is it the same thing? For example, if the Minister of Public Works and Government Services does not like what you say, can he completely ignore it?
10 a.m.
Bloc
