Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations: SOR/2024-69
Canada Gazette, Part II, Volume 158, Number 10
Registration
SOR/2024-69 April 19, 2024
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
P.C. 2024-386 April 19, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, makes the annexed Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations under section 40footnote a of the Canadian International Trade Tribunal Act footnote b.
Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations
Amendments
1 The definition CUFTA in section 2 of the Canadian International Trade Tribunal Procurement Inquiry Regulations footnote 1 is replaced by the following:
- CUFTA
- means the Canada–Ukraine Free Trade Agreement, done at Ottawa on September 22, 2023; (ALÉCU)
2 (1) Subsection 3(1) of the Regulations 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 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, in Article 16.02 of Chapter Sixteen of the CPAFTA, in Article 17.2 of Chapter Seventeen of the CHFTA, in Article 14.3 of Chapter Fourteen of the CKFTA, in Article 19.2 of Chapter Nineteen of CETA, in Article 504 of Chapter Five of the CFTA or in Article 15.2 of Chapter Fifteen of the TPP, that has been or is proposed to be awarded by a government institution, is a designated contract.
(2) Paragraphs 3(2)(a) and (b) of the Regulations are replaced by the following:
- (a) the federal government entities set out under the heading “CANADA” in Annex 1 of the Agreement on Government Procurement, in the Schedule of Canada in Annex Kbis-01.1-1 of Chapter Kbis of the CCFTA, in the Schedule of Canada in Annex 1401.1-1 of Chapter Fourteen of the CPFTA, in the Schedule of Canada in Annex 1401-1 of Chapter Fourteen of the CCOFTA, in the Schedule of Canada in Annex 1 of Chapter Sixteen of the CPAFTA, in the Schedule of Canada in Annex 17.1 of Chapter Seventeen of the CHFTA, in the Schedule of Canada in Annex 14-A of Chapter Fourteen of the CKFTA, in Annex 19-1 of Annex 19-A in Chapter Nineteen of CETA, in Annex 11-A.1 of the Market Access Schedule of Canada in Chapter Eleven of CUFTA or in Section A of the Schedule of Canada in Annex 15-A of Chapter Fifteen of the TPP or the federal government entities that are procuring entities as referred to in Article 504.2 of the CFTA;
- (b) the federal government enterprises set out under the heading “CANADA” in Annex 3 of the Agreement on Government Procurement, in the Schedule of Canada in Annex Kbis-01.1-2 of Chapter Kbis of the CCFTA, in the Schedule of Canada in Annex 1401.1-2 of Chapter Fourteen of the CPFTA, in the Schedule of Canada in Annex 1401-2 of Chapter Fourteen of the CCOFTA, in the Schedule of Canada in Annex 2 of Chapter Sixteen of the CPAFTA, in the Schedule of Canada in Annex 17.2 of Chapter Seventeen of the CHFTA, in the Schedule of Canada in Annex 14-A of Chapter Fourteen of the CKFTA, in Annex 11-A.2 of the Market Access Schedule of Canada in Chapter Eleven of CUFTA or in Section C of the Schedule of Canada in Annex 15-A of Chapter Fifteen of the TPP or the federal government enterprises referred to in Annex 19-3 of Annex 19-A in Chapter Nineteen of CETA or the federal government enterprises that are procuring entities as referred to in Article 504.2 of the CFTA; and
3 Paragraph 6(3)(b) of the Regulations is replaced by the following:
- (b) the complaint concerns any aspect of the procurement process, of a systemic nature, relating to a designated contract, and compliance with one or more of the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA, Chapter Sixteen of the CPAFTA, Chapter Seventeen of the CHFTA, Chapter Fourteen of the CKFTA, Chapter Nineteen of CETA, Chapter Five of the CFTA, Chapter Eleven of CUFTA and Chapter Fifteen of the TPP.
4 Paragraph 7(1)(c) of the Regulations is replaced by the following:
- (c) the information provided by the complainant, and any other information examined by the Tribunal in respect of the complaint, discloses a reasonable indication that the procurement has not been conducted in accordance with whichever of the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA, Chapter Sixteen of the CPAFTA, Chapter Seventeen of the CHFTA, Chapter Fourteen of the CKFTA, Chapter Nineteen of CETA, Chapter Five of the CFTA, Chapter Eleven of CUFTA or Chapter Fifteen of the TPP applies.
Coming into Force
5 These Regulations come into force on the day on which section 9 of the Canada–Ukraine Free Trade Agreement Implementation Act, 2023, chapter 3 of the Statutes of Canada, 2024, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2024-68, CUFTA Rules of Origin Regulations.