Vol. 147, No. 21 — October 9, 2013
Registration SOR/2013-168 September 30, 2013
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations
P.C. 2013-974 September 27, 2013
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40 (see footnote a) of the Canadian International Trade Tribunal Act (see footnote b), makes the annexed Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations.
REGULATIONS AMENDING THE CANADIAN INTERNATIONAL TRADE TRIBUNAL PROCUREMENT INQUIRY REGULATIONS
1. Subsection 3(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (see footnote 1) is replaced by the following:
3. (1) For the purposes of the definition “designated contract” in section 30.1 of the Act, any contract or class of contract concerning a procurement of goods or services or any combination of goods or services, as described in Article 1001 of NAFTA, in Article 502 of the Agreement on Internal Trade, in Article II of the Agreement on Government Procurement, in Article Kbis-01 of Chapter Kbis of the CCFTA, in Article 1401 of Chapter Fourteen of the CPFTA, in Article 1401 of Chapter Fourteen of the CCOFTA or in Article 16.02 of Chapter Sixteen of the CPAFTA, that has been or is proposed to be awarded by a government institution, is a designated contract.
COMING INTO FORCE
2. These Regulations come into force on the day on which The Protocol Amending the Agreement on Government Procurement, done at Geneva on March 30, 2012, enters into force for Canada, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues and objectives
The World Trade Organization (WTO) Agreement on Government Procurement (GPA) is a plurilateral treaty that provides rules, procedures and practices regarding government procurement. On December 15, 2011, an agreement in principle on a revised GPA was reached. The Protocol Amending the Agreement on Government Procurement (the Protocol) expands procurement market access between 15 WTO Members (including Canada, the United States, the European Union and Japan) at both federal and sub-federal levels. The Protocol creates new opportunities for Canadian firms in foreign procurement markets, and significantly improves the GPA text to enhance transparency and reflect contemporary procurement practices.
The Canadian International Trade Tribunal Procurement Inquiry Regulations (the Regulations)provide the Canadian International Trade Tribunal (the Tribunal) the means to consider and make findings with respect to complaints concerning government procurement. The Regulations make reference to the GPA and the procurement chapters of other trade agreements, and require amendment due to changes in the numbering of the articles in the revised GPA text.
Among other changes, the updated GPA’s “Scope and Coverage” provisions have been moved from Article I to Article II. The current reference in the Regulations to Article I of the GPA has been amended to refer to Article II of the revised GPA.
The “One-for-One” Rule does not apply, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply, as there are no costs for small business.
These consequential amendments are the only changes required for Canada to implement the revised GPA at the federal level. These amendments will allow the Tribunal to continue to consider and make findings with respect to complaints concerning government procurements that are subject to the terms of the GPA.
The Regulations do not replicate international procurement agreements word-for-word, so additional detailed amendments are not necessary. Further procedural changes are also not necessary at the federal level, as the Tribunal’s methods for procurement bid review are already compliant with the revised GPA.
Implementation, enforcement and service standards
These Regulations come into force on the day on which the Protocol Amending the Agreement on Government Procurement comes into force in Canada.
International Trade Policy Division
Department of Finance