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.
9:25 a.m.
Counsel, Legal Services, Canadian International Trade Tribunal
In terms of procurement, there's also the ability at the World Trade Organization for there to be certain discussions on procurement issues. But this is really within Canada.
9:25 a.m.
Liberal
9:25 a.m.
Liberal
The Chair Liberal Diane Marleau
You might want to wait till the next turn, because there's very little time left.
9:25 a.m.
Liberal
Mark Holland Liberal Ajax—Pickering, ON
I'm just wondering if you can tell me if, in those 300-and-some-odd cases you've had over a five-year period of time, there are certain types of issues you're dealing with repetitively. Are there certain areas that are more problematic, or certain complaints coming from certain departments more prevalently than others?
9:25 a.m.
Chairman, Canadian International Trade Tribunal
Complaints very often deal with suppliers who have been excluded based on criteria the complainant doesn't agree with: contradictory terms in the call for tenders; ambiguous language; specifications that were over-restrictive or biased towards a certain or specific product; insufficient time to bid, or failure to grant a time extension when one was justified; a bidder being permitted to effectively modify their proposal after the deadline for receipt of proposals had passed; improper clarification processes; unsuccessful bidders not being provided adequate debriefings; and improper application of limited tendering, or sole-sourcing—though this is less frequent now.
9:25 a.m.
Liberal
9:25 a.m.
Liberal
9:25 a.m.
Liberal
The Chair Liberal Diane Marleau
Mr. Holland, you'll have to ask that the next time around, okay?
Thank you.
Madame Bourgeois.
9:25 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
Thank you, Madam Chair.
Good morning, ladies and gentlemen.
I would like to congratulate you on your almost perfect French, Mr. Scott. I cannot judge your English, but I can say that your French is excellent.
9:25 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
Your appearance here is very important, because you work in three distinct areas. Two of these areas can be looked at together: The Agreement on Internal Trade, at the federal and provincial levels, and the Agreement on Government Procurement. I think it is important to look them together. As I proceed with my questions, you will see what I am getting at.
There are no fees to file a complaint. You mean that there are no fees charged by you.
9:30 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
But a person who comes forward with a complaint might need the services of a lawyer or someone from the outside.
9:30 a.m.
Chairman, Canadian International Trade Tribunal
I included in your briefing book a copy of the complaint form to show you how easy it is. A complainant may decide to hire counsel, but in a number of the cases we deal with, there is no legal counsel involved. Often the amount of money spent to respond to the call for tenders may cause people to spend more to retain legal counsel. However, given the way we work, complaints can easy be filed without recourse to a lawyer.
May 29th, 2008 / 9:30 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
The reason I asked the question is that I tabled Bill C-411 this year. It has to do with antidumping measures that would allow the International Trade Tribunal to exercise a little more power. The fact is that on several occasions the current government has swept aside your international trade decisions.
9:30 a.m.
Chairman, Canadian International Trade Tribunal
We are not talking about bids. I just want to be sure I understand.
9:30 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
I just want to draw a parallel. Company representatives appearing before the tribunal are nervous and do not know how things will work. A number of them have had to pay some rather substantial fees. You say you pay between $1,000 and $4,000 in compensation...
9:30 a.m.
Chairman, Canadian International Trade Tribunal
It is not compensation. As with other courts, the losing party has to pay the costs of the other party. The maximum we have awarded was $4,100.
9:30 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
Based on your experience, would you say that this is enough for someone from a small business who hired a lawyer?
9:30 a.m.
Chairman, Canadian International Trade Tribunal
In the case of people who do not hire legal counsel, it depends on how much time they spend on their complaint. We are talking here about filling in a form, as you saw. The individual states the reasons for the complaint based on non-compliance with the criteria. The complaint is then referred to the tribunal. As I said in my remarks, very few hearings are public. Most cases are dealt with on paper. Is that adequate? You are asking me to make a value judgment, and that is rather difficult for me to do.
9:30 a.m.
Bloc
Diane Bourgeois Bloc Terrebonne—Blainville, QC
The fact remains that if an invitation to tender is badly worded, for example, people who have dealt with you may feel that their rights have been violated. In such cases, if people hire the services of a lawyer, the cost can be $10,000 or $12,000.
