Marginal note:Person who may complain

• 22.2 (1) A person may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 518 of the agreement referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by the regulations.

• Marginal note:Timing of complaint

  (2) The complaint may only be filed after the award of the contract to which the complaint relates.

• Marginal note:Findings and recommendations

  (3) The Procurement Ombudsman shall, within the period after the complaint is filed that may be established by the regulations, provide the complainant, the relevant minister and the Minister with the Procurement Ombudsman’s fin­dings and any recommendations.

• Marginal note:Limitation

  (4) The Procurement Ombudsman may not recommend the cancellation of the contract to which the complaint relates.

Marginal note:Annual Report

• 22.3 (1) The Procurement Ombudsman shall, within four months after the end of each fiscal year, deliver a report respecting the activities of the Procurement Ombudsman in that year to the Minister.

• Marginal note:Annual report to be laid

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

Marginal note:Regulations

• 23. (1) The Governor in Council may make any regulations that the Governor in Council deems necessary for the management, maintenance, proper use and protection of federal real property and federal immovables under the administration of the Minister and of public works and for the ascertaining and collection of tolls, dues and revenues with respect to them.

• Marginal note:Fines and enforcement

  (2) The Governor in Council may, by the regulations mentioned in subsection (1),

  • (a) impose such fines, in an amount not exceeding the amount referred to in subsection 787(1) of the Criminal Code, for any contravention of a regulation as the Governor in Council deems necessary for ensuring its observance and the payment of tolls and dues;

  • (b) provide for the non-passing or detention and seizure at the risk of the owner of any thing

    • (i) on which tolls or dues have accrued and have not been paid,

    • (ii) in respect of which a regulation has otherwise been contravened or any damage done to a public work or to any federal real property or federal immovable and not paid for, or

    • (iii) for or on account of which a fine remains unpaid; and

  • (c) provide for the sale of any thing detained or seized under a regulation pursuant to paragraph (b) if the tolls, dues, damages or fines are not paid by the time fixed for such payment, and for the payment of the amounts due out of the proceeds of the sale.

• Marginal note:Surplus proceeds

  (3) The surplus proceeds, if any, of a sale referred to in paragraph (2)(c) shall be returned to the owner or the owner’s agent.

• Marginal note:Crown rights not impaired

  (4) No regulation made under subsection (1) impairs the right of the Crown to recover in the ordinary course of law unpaid tolls, dues, damages or fines.