ARCHIVED — Vol. 147, No. 8 — April 10, 2013

Registration

SOR/2013-54 March 21, 2013

CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations

P.C. 2013-313 March 21, 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

AMENDMENTS

1. Section 2 of the Canadian International Trade Tribunal Procurement Inquiry Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“CPAFTA” means the Free Trade Agreement between Canada and the Republic of Panama, signed at Ottawa on May 14, 2010. (ALÉCPA)

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 1001 of NAFTA, in Article 502 of the Agreement on Internal Trade, in Article I 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.

(2) Paragraphs 3(2)(a) and (b) of the Regulations are replaced by the following:

  • (a) the federal government entities set out in the Schedule of Canada in Annex 1001.1a-1 of NAFTA, under the heading “CANADA” in Annex 502.1A of the Agreement on Internal Trade, 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 or in the Schedule of Canada in Annex I of Chapter Sixteen of the CPAFTA;
  • (b) the government enterprises set out in the Schedule of Canada in Annex 1001.1a-2 of NAFTA, 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 or in the Schedule of Canada in Annex II of Chapter Sixteen of the CPAFTA; and

3. Paragraph 5(a) of the Regulations is replaced by the following:

  • (a) if a notice of proposed procurement was published in accordance with one or more of NAFTA, the Agreement on Internal Trade, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA and the CPAFTA, at the time it was published; or

4. 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 Chapter Ten of NAFTA, Chapter Five of the Agreement on Internal Trade, the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA and Chapter Sixteen of the CPAFTA.

5. 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 Chapter Ten of NAFTA, Chapter Five of the Agreement on Internal Trade, the Agreement on Government Procurement, Chapter Kbis of the CCFTA, Chapter Fourteen of the CPFTA, Chapter Fourteen of the CCOFTA or Chapter Sixteen of the CPAFTA applies.

6. Paragraph 10(a) of the Regulations is replaced by the following:

  • (a) after taking into consideration the Act, these Regulations and, as applicable, NAFTA, the Agreement on Internal Trade, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA or the CPAFTA, the Tribunal determines that the complaint has no valid basis;

7. Section 11 of the Regulations is replaced by the following:

11. If the Tribunal conducts an inquiry into a complaint, it shall determine whether the procurement was conducted in accordance with the requirements set out in whichever of NAFTA, the Agreement on Internal Trade, the Agreement on Government Procurement, the CCFTA, the CPFTA, the CCOFTA or the CPAFTA applies.

COMING INTO FORCE

8. These Regulations come into force on the day on which section 22 of the Canada–Panama Economic Growth and Prosperity Act, chapter 26 of the Statutes of Canada, 2012, 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/2013-53, Regulations Amending the Canadian International Trade Tribunal Regulations.