Government Operations committee  It would be but then it doesn't preclude us from taking additional measures to ensure that the processes are transparent and making sure the integrity of the invoicing or of the activity is sustained. I don't know if you wanted to add to that, Barbara.

Government Operations committee  We have granted these exemptions in three instances. Once was because the company was a sole supplier in a remote region and there was nobody else available to provide the service or the good. The second instance was where there was a specialized test that no other company could do.

Government Operations committee  No, we don't create a register of companies good, bad, or indifferent. The closest thing we come to a register, if I can put it this way, is when we have standing offers or supply arrangements where pre-qualified firms are listed for a specific procurement. That is another question that other jurisdictions have grappled with—creating lists versus not creating lists.

Government Operations committee  Thank you, Mr. Chair. That is an interesting question and one that has been posed to us. Right now, it is forever. One of the questions some of the associations have asked us is whether there could be a time-limited debarment. I think that is one of the elements we are also considering.

Government Operations committee  That, too, is a phenomenon that we are noticing in a number of areas. That is why the provisions apply to companies, their affiliates, as well as their boards of directors. I could, perhaps, ask Ms. Glover to speak to what measures we take to make sure that the framework applies.

Government Operations committee  When fairness monitors are called in, they have to follow all the steps in the government procurement process. So they have to be there when the first consultations with potential suppliers are held. When the statements of requirements are drawn up, they have to make sure that it is done correctly and that there is no bias in the process.

Government Operations committee  The various players have direct access to them.

Government Operations committee  That is one of the reasons why in November of 2012, we enhanced the provisions in order to remove leniency as an element that would allow a company, its directors, or its affiliates to be able to contract with the government, because the nature of the offences upon which the company or directors would have been found guilty were sufficiently serious for us to then consider that leniency was not sufficient.

Government Operations committee  We have provided a lot of the information to my counterparts in the provinces and territories. They all have different mechanisms and structures around how they deal with their procurement processes. We have also undertaken a fairly significant consultation process with associations.

Government Operations committee  As I indicated in my remarks, we cover almost 83% of procurement across government, but departments do have their own authorities and some organizations do not or are not required to use Public Works and our procurement services. We have in a number of instances developed a memorandum of understanding and a number of organizations have signed those with us, so they will voluntarily apply our integrity provisions.

Government Operations committee  No. Those are just the procurements. For the real property transactions I would ask my colleague to see what we cover. We cover a fair chunk of the office accommodation, but we do not cover some of the specialized areas such as, for example, the CFIA or Parks Canada. They have their own ability to procure and to do their own real property transactions.

Government Operations committee  Mr. Chair, they have to have both expertise and experience. They have to be able to follow the procurement activities. I will ask Ms. Glover to provide more detail about the way in which fairness monitors are chosen. Once they are on a list, essentially a list of standing offers, there is a rotation.

Government Operations committee  It is, but it is more than that. Once they are chosen, we can award contracts immediately to the companies and suppliers that have been chosen. But there is a rotation mechanism. Ms. Glover makes the selection using a mechanism that I would call independent in the sense that there is no preselection.

Government Operations committee  Thank you for the question. As I indicated in my remarks, the provisions, if they are not included in existing contracts, are not retroactive. So if the offences are committed by a company or if they're convicted with an existing contract, we can take measures. Some of them are to undertake more administrative reviews.

Government Operations committee  Thank you for the question. The offences that are listed and for which companies are bound to respect the legislation are based on legislation. The charges can be put in the existing legislation whether it's the Criminal Code, the Financial Administration Act, or the Competition Act.