Evidence of meeting #56 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A recording is available from Parliament.
4 p.m.
Director General, National Accommodations, Domestic Procurement and Asset Management, Department of Foreign Affairs, Trade and Development
That's right.
4 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
Which of those criteria qualify Pomp & Circumstance as a sole-source supplier?
4 p.m.
Director General, National Accommodations, Domestic Procurement and Asset Management, Department of Foreign Affairs, Trade and Development
Pomp & Circumstance cannot be considered the sole-source provider of these services.
On the other hand, if a manager submits to us a request to award a contract that specifies the name of a service provider, there are no regulations preventing the contract from being awarded to that provider and the value of the contract does not exceed $40,000, we are inclined to grant the manager's request and award the contract to that provider, particularly if the manager has already determined that the provider is capable of providing the required services.
4 p.m.
Director General, National Accommodations, Domestic Procurement and Asset Management, Department of Foreign Affairs, Trade and Development
Yes.
4 p.m.
Director General, National Accommodations, Domestic Procurement and Asset Management, Department of Foreign Affairs, Trade and Development
It was the minister's office—I think it was her chief of staff.
4 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
Great.
Do you think the people who have to decide whether a sole-source supplier meets the three criteria have sufficient training?
4 p.m.
Director General, National Accommodations, Domestic Procurement and Asset Management, Department of Foreign Affairs, Trade and Development
Managers are not necessarily trained in contracting. That's why the Department of Foreign Affairs, Trade and Development has its own group of contracting officers.
When this group receives a request from a client, which could be anyone in the department, a contracting officer works with that client to select suppliers and determine the contract award strategy.
4 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
Okay.
So there are people in charge of checking if there is a conflict of interest.
4 p.m.
Director General, National Accommodations, Domestic Procurement and Asset Management, Department of Foreign Affairs, Trade and Development
That is not necessarily the case, as the contracting officer group does not conduct conflict of interest analyses.
4 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
Okay.
Mr. Stewart, I have several short questions for you.
What is an interest?
February 7th, 2023 / 4 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
Pardon?
4 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
Did you say “an interest”?
4 p.m.
Bloc
4 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
I believe the term is well defined in the Conflict of Interest Act. It is a situation where the receipt of an advantage is in the personal interest of a public office holder or a person with whom they are associated.
4 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
Really, I have three questions. We need to understand what we are talking about.
What is an interest? What is a conflict? What is a conflict of interest?
In your administrative unit, would these three questions be spontaneously answered, with regard to the act?
4:05 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
No.
I would like to point out that the regulations governing the awarding of contracts within the public service make no mention of the concept of conflict of interest. That concept falls under a different statute, the Conflict of Interest Act, which applies to people like me, who are Governor in Council appointees.
The policy that applies to public servants has principles that we must uphold, such as fairness and integrity.
4:05 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
However, as Mr. Pilon also says, there is no specific mention related to conflict of interest.
During the review process that officials must follow before approving a contract, it is—
4:05 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
I apologize for interrupting you, but I have only a few seconds left.
Basically, a conflict of interest is the sum of these things, which are undefined.
4:05 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
Yes.
4:05 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
I have seen the word “fairness” among the elements before, but it is not defined.
4:05 p.m.
Deputy Minister, International Trade, Department of Foreign Affairs, Trade and Development
Indeed. There is fairness, but there is also integrity.