Evidence of meeting #52 for Government Operations and Estimates in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was agreements.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Liliane Saint Pierre  Assistant Deputy Minister, Acquisitions, Department of Public Works and Government Services
George Butts  Director General, Services and Specialized Acquisitions Management Sector, Acquisitions, Department of Public Works and Government Services
Marshall Moffat  Director General, Small and Medium Enterprises Sector, Department of Public Works and Government Services
Elaine Feldman  Vice-Chair, Canadian International Trade Tribunal
Randy Heggart  Director of Procurement Review, Canadian International Trade Tribunal
Reagan Walker  General Counsel, Canadian International Trade Tribunal

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

There are about 12 that are open.

5:20 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

And how many are you currently treating in the international market?

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

The 12 complaints are all the complaints being handled.

5:20 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

You only have 12 complaints currently on the go.

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

Yes. As I said, we try to resolve our cases within 90 days. So we've already resolved some cases this year.

5:20 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

You have 87 employees, if I understood correctly.

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

We do other things than the public market.

5:20 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

You must specify it.

What follows is very important for me. Is the government required to enforce a decision that you render in favour of the business?

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

As far as possible. It's not like a decision by a superior tribunal, that the government must accept. We make recommendations.

5:20 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

I think that's fine, Mr. Chairman.

I'm going to leave some time for others.

5:20 p.m.

Conservative

The Vice-Chair Conservative Daryl Kramp

Thank you.

Mr. Poilievre.

5:20 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

My question relates again to our favourite agreement, the multilateral agreement on procurement. If Canada were to opt out of the multilateral agreement on procurement, your tribunal would no longer protect foreign suppliers, but would Canadian companies also lose the protection they have before foreign tribunals?

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

I can't really speak to that. Again, I deal with what comes to the CITT--

5:20 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Of course you can.

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

I can't in my capacity as vice-chair of the CITT.

5:20 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

If you know the agreement, which I presume you do, because your legislation seeks that you operate under it, then you would know whether or not the Canadian suppliers under that agreement are given protection for fair treatment abroad.

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

I can answer that question--

5:20 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Are they?

5:20 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

Yes, and the agreement on government procurement provides for reciprocal treatment, so Canadian suppliers in those countries that are parties to the agreement on government procurement may also challenge procurement practices in those countries.

5:20 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Is that reciprocity cancelled if a country pulls out of the agreement? For example, if a country pulls out of the WTO agreement on government procurement, it would no longer have that reciprocity, would it?

5:25 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

That's correct.

5:25 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Okay, that's what I'm getting at. Once again, while someone might want to complain about the access that foreign companies have to Canadian procurement and the standing those companies have before this Canadian tribunal, it's important also to keep in mind that Canadian companies are given the same protection abroad under that agreement.

5:25 p.m.

Vice-Chair, Canadian International Trade Tribunal

5:25 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Okay.

The Library of Parliament has prepared a briefing and I have it here. It says: “In Canada, the preferential treatment of national suppliers in the government procurement process has essentially resulted in a government policy which stipulates that...” and it quotes section 1 of the contracting policy. That's a Treasury Board policy. I won't read the whole policy, but at the end it says here that the objective is to seek “the optimal balance of overall benefits to the Crown and the Canadian people”.

The reason I find that hard to understand is because in the first part it says it's predicated on best value, and here it talks about the optimal “overall benefits”. By benefits, I presume they mean spinoffs and job creation, etc. Which is it?

5:25 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

We don't get involved in that. As I said earlier, we look at whether there has been a violation of evaluation of bids, whether there's been an allegation of conflict of interest. We don't get into the sorts of issues you're raising. I think the previous witnesses would be better placed to answer that question.