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Government Operations committee  I can actually speak to the 2009 process since I was at the Treasury Board Secretariat at the time. I can assure you that the minister did not get involved in the selection or any of the other elements related to the process of the contract. We were under tight timelines and there was in fact interest in getting this done within the timelines that we were given.

June 4th, 2013Committee meeting

Michelle d'Auray

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  The process was followed in order to be able to meet the commitment of the government to, in fact, the public accounts committee at the time, coming out of the Auditor General report that the contract would be in place by 2009. We met that commitment.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  Yes, Mr. Chair. We have a number of contracts with SNC-Lavalin. We have a number of major contracts, primarily in what we call the operation and maintenance of our federal properties. There are a number of other contracts that Public Works has issued on behalf of other departments.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  To my knowledge, that has never happened with a contract signed by Public Works and Government Services Canada. If it were to happen, we have very specific and rigorous follow-up procedures. Perhaps I can ask Ms. Glover to give you an example of the kinds of steps that we would take if something like that were to happen.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  When we sign contracts with companies, they have to require their subcontractors to comply with the same provisions that they have to comply with themselves. However, since we sign the contract with the main company, we trust that company to follow up and be responsible for the integrity of their suppliers.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  If they choose to bid, they will be able to bid.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  The company has not been convicted, nor have its directors been convicted of any of the offences. While some former members might have been charged, there are no convictions. However, the company has willingly integrated all of our integrity provisions into its current contracts.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  The reason this was established as a program per se and given to the sector that Ms. Glover heads is that the fairness monitoring was done on an ad hoc basis and the contracts were issued by the branches that were actually undertaking the activity. We wanted to strengthen and separate the functions from the actual procuring or leasing or contracting sectors in order to be able to create an additional level of independence.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  The measures we have come into play when the offences are committed or businesses or the heads of businesses are convicted. The measures do not affect the employees as such. But, as my colleague indicated, if the employees of a company are found guilty of various offences, we can and do increase our vigilance towards the activities of those companies even if the company is not prohibited from doing business with the Government of Canada, or at least with Public Works and Government Services Canada.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  We have chosen to solve that problem with what we call a public interest exception. If we find ourselves in an emergency situation, if it is a matter of national security or if a single supplier is available in a given area, we can, in those circumstances, award a contract, even if the company should not be able to do business with the government under the provisions we have put in place.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  It is on a case-by-case basis. It is in fact.... I believe there's an integrity committee that my colleague, Barbara Glover, chairs.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  With regard to executives of a company, unless they have a controlling interest in the company, it does not apply to employees of a company. It applies to the company as an entity or to its board of directors with a controlling interest.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  Barbara, you can expand on this, but if the CEO is a director with an interest in a company, then yes, a conviction would apply to the company. The company as an entity can also be convicted, but these measures do not apply to employees of a company.

June 4th, 2013Committee meeting

Michelle d'Auray

Government Operations committee  Yes. If it's the individual, in this instance the CEO, who was a director of a company and that director is no longer there, then yes, the company would be allowed.

June 4th, 2013Committee meeting

Michelle d'Auray