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 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Thank you, Chair.

Thank you, witnesses. It's good to meet you.

I have a couple of questions on attachment two on page seven, about the number of complaints over the last five years.

There have been 330 total complaints, of which 63 were found to be valid. What was the total dollar penalty attached to that, or remedy attached to that, and who paid it?

5 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

Do you mind if my colleague answers?

5 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

No, not at all.

5 p.m.

Randy Heggart Director of Procurement Review, Canadian International Trade Tribunal

It would be difficult to give a total on that, each individual one. They range so much and we don't have an accumulated statistic on the total value of the procurements.

5 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

But are we talking millions, in general?

5 p.m.

Director of Procurement Review, Canadian International Trade Tribunal

Randy Heggart

We're talking a total value of about $1 billion, probably.

5 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Now, do those penalties get paid--

5:05 p.m.

Director of Procurement Review, Canadian International Trade Tribunal

Randy Heggart

Sorry, I'm talking about the value of the procurement itself, not of the--

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Yes, that did sound like a lot for penalties.

Who pays that remedy? Obviously, it depends, I guess, on the finding of who's found guilty, if you will. Do the taxpayers pick up any of that?

5:05 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

Well, sometimes. The recommendation of the tribunal could be to retender a procurement if the contract has not yet been issued. So although the value may be high, the actual monetary compensation.... We may not be recommending monetary compensation.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Yes, I understand. The remedy is not only financial.

5:05 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

That's right.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

And is it a mix of Canadian companies and foreign companies in that 63?

5:05 p.m.

Director of Procurement Review, Canadian International Trade Tribunal

Randy Heggart

Probably the majority would be Canadian companies.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Okay, so the same sort of ratio, about 95%--

5:05 p.m.

Director of Procurement Review, Canadian International Trade Tribunal

Randy Heggart

Same sort of ratio, the 95%, yes.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Do you have any relationship with a similar body in the U.S.?

5:05 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

Not at the level of the members of the tribunal. Because we are an independent, quasi-judicial body, we operate within the confines of the Canadian legislation.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

It would probably be counterproductive to have any kind of informal arrangement, I would think, but I'll leave that.

With the new procurement ombudsman, how do you see his or her duties interfacing with yours? How do you see that sorting out as a working relationship?

5:05 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

As I said earlier, our responsibilities are defined by statute. Those will not change in any way. The purpose of the tribunal's procurement mandate is, as I said, to ensure that procurements are conducted in a fair, open, and transparent manner. I imagine that the new body will have a similar mandate.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Everybody's trying to do the same thing under the Federal Accountability Act, to procure an ombudsman in the International Trade Tribunal.

5:05 p.m.

Vice-Chair, Canadian International Trade Tribunal

Elaine Feldman

But our mandate will not change.

5:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

No. Okay, thank you. That's all I have.

5:05 p.m.

Conservative

The Vice-Chair Conservative Daryl Kramp

Ms. Nash.

5:05 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

Thank you, Mr. Chair, and good afternoon to the witnesses.

I have a question to see if I understand this correctly. As I understand it, the agreement on international trade has a dispute settlement process to handle AIT procurement disputes.