Evidence of meeting #37 for National Defence in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was boeing.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michael Fortier  Minister of Public Works and Government Services
David Marshall  Deputy Minister, Public Works and Government Services Canada
Terry Williston  Director General, Land, Aerospace and Marine Systems and Major Projects Sector, Public Works and Government Services Canada

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

Specifically, what are the penalties?

10 a.m.

Director General, Land, Aerospace and Marine Systems and Major Projects Sector, Public Works and Government Services Canada

Terry Williston

In the event of a termination of this contract, Canada would be liable for:

“completed work in accordance with the basis of payment in the contract; costs plus profit thereon for all work in process; and costs of and incidental to the termination (e.g., taking of inventory, preparation of accounts and statements, etc.)”

But we've also built in a provision whereby Canada could choose to have Boeing sell the aircraft to another customer, including the U.S. Air Force, and in such an event Canada would receive the net sale proceeds calculated as the gross selling price less any milestone payments still owing by Canada. Appropriate and reasonable expenses related to the sale and the cost of any delays—

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

But you don't have a dollar figure?

10 a.m.

Director General, Land, Aerospace and Marine Systems and Major Projects Sector, Public Works and Government Services Canada

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

No, okay.

10 a.m.

Minister of Public Works and Government Services

Michael Fortier

You mean liquidated damages. You could have said—

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

It's similar to—

10 a.m.

Minister of Public Works and Government Services

Michael Fortier

—if this happens—

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

—the helicopter contract. If you cancel, if the government changed—there's talk of an election—how much would it cost Canadian taxpayers, that's the base for the question?

10 a.m.

Minister of Public Works and Government Services

Michael Fortier

Let's not have that thought this morning.

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

When the Minister of National Defence was here discussing procurement, he said, and I'll quote for you:

I think you'll find in the procurement process, as you get into it, that the Department of Defence has very little to do with the procurement process other than setting the requirements and providing the funds.

So who do you believe is the lead minister for defence procurement? Who has the final level of responsibility? When you talked about ITARs, you said that goes over to the Department of Foreign Affairs. It's very difficult, as a member of this committee, to really understand who has the authority and responsibility at the final end.

10 a.m.

Minister of Public Works and Government Services

Michael Fortier

Legally speaking, the government buys. So if you want a legal answer, the government buys. But I think the better answer, which is the one I believe you're looking for, is it's a collegial effort. The Minister of Defence, through his public servants, identifies the needs of the Ministry of Defence, which are then transmitted to Public Works and discussed with Public Works and Treasury Board. We've got three departments that are discussing the needs and the specs, and there's a consensus that's reached over the specs, and then the specs become an ACAN or an RFP or an SOIQ.

10 a.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

Thank you.

10 a.m.

Conservative

The Chair Conservative Rick Casson

Thank you.

Mr. Minister and officials, thank you very much for being here. As you indicated, hopefully we will come up with some good solid recommendations—

10 a.m.

Minister of Public Works and Government Services

10 a.m.

Conservative

The Chair Conservative Rick Casson

—that will improve the process.

The meeting is adjourned.