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Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Act current to 2020-01-08 and last amended on 2019-06-21. Previous Versions

Complaints by Potential Suppliers (continued)

Marginal note:Filing of complaint

  •  (1) Subject to the regulations, a potential supplier may file a complaint with the Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint.

  • Marginal note:Contents of complaint

    (2) A complaint must

    • (a) be in writing;

    • (b) identify the complainant, the designated contract concerned and the government institution that awarded or proposed to award the contract;

    • (c) contain a clear and detailed statement of the substantive and factual grounds of the complaint;

    • (d) state the form of relief requested;

    • (e) set out the address of the complainant to which notices and other communications respecting the complaint may be sent;

    • (f) include all information and documents relevant to the complaint that are in the complainant’s possession;

    • (g) be accompanied by any additional information and documents required by the rules; and

    • (h) be accompanied by the fees required by the regulations.

  • Marginal note:Chairperson may assign member

    (3) The Chairperson may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal’s powers, and has and may perform all of the Tribunal’s duties and functions, in relation to the complaint.

  • 1993, c. 44, s. 44
  • 1994, c. 47, s. 40(E)
  • 1999, c. 12, s. 61(E)

Marginal note:Notice of receipt

  •  (1) The Tribunal shall notify the complainant in writing of the receipt of the complaint.

  • Marginal note:Notice of deficiency

    (2) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2), it shall notify the complainant in writing and specify the deficiencies to be corrected, the corrective action required and the period within which the action must be taken.

  • Marginal note:Notice of compliance

    (3) Where the Tribunal determines that a complaint complies with subsection 30.11(2), it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

  • 1993, c. 44, s. 44

Marginal note:Decision to conduct inquiry

  •  (1) Subject to the regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2), it shall decide whether to conduct an inquiry into the complaint, which inquiry may include a hearing.

  • Marginal note:Notice of inquiry

    (2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party and give them an opportunity to make representations to the Tribunal with respect to the complaint.

  • Marginal note:Postponement of award of contract

    (3) Where the Tribunal decides to conduct an inquiry into a complaint that concerns a designated contract proposed to be awarded by a government institution, the Tribunal may order the government institution to postpone the awarding of the contract until the Tribunal determines the validity of the complaint.

  • Marginal note:Idem

    (4) The Tribunal shall rescind an order made under subsection (3) if, within the prescribed period after the order is made, the government institution certifies in writing that the procurement of the goods or services to which the designated contract relates is urgent or that a delay in awarding the contract would be contrary to the public interest.

  • Marginal note:Decision not to conduct or to cease inquiry

    (5) The Tribunal may decide not to conduct an inquiry into a complaint or decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal so decides, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party of that decision and the reasons therefor.

  • 1993, c. 44, s. 44

Marginal note:Matters inquired into

  •  (1) In conducting an inquiry, the Tribunal shall limit its considerations to the subject-matter of the complaint.

  • Marginal note:Matter to be decided

    (2) At the conclusion of an inquiry, the Tribunal shall determine whether the complaint is valid on the basis of whether the procedures and other requirements prescribed in respect of the designated contract, or the class of contracts to which it belongs, have been or are being observed.

  • 1993, c. 44, s. 44

Marginal note:Findings and recommendations

  •  (1) Where the Tribunal decides to conduct an inquiry, it shall, within the prescribed period after the complaint is filed, provide the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party with the Tribunal’s findings and recommendations, if any.

  • Marginal note:Remedies

    (2) Subject to the regulations, where the Tribunal determines that a complaint is valid, it may recommend such remedy as it considers appropriate, including any one or more of the following remedies:

    • (a) that a new solicitation for the designated contract be issued;

    • (b) that the bids be re-evaluated;

    • (c) that the designated contract be terminated;

    • (d) that the designated contract be awarded to the complainant; or

    • (e) that the complainant be compensated by an amount specified by the Tribunal.

  • Marginal note:Criteria to be applied

    (3) The Tribunal shall, in recommending an appropriate remedy under subsection (2), consider all the circumstances relevant to the procurement of the goods or services to which the designated contract relates, including

    • (a) the seriousness of any deficiency in the procurement process found by the Tribunal;

    • (b) the degree to which the complainant and all other interested parties were prejudiced;

    • (c) the degree to which the integrity and efficiency of the competitive procurement system was prejudiced;

    • (d) whether the parties acted in good faith; and

    • (e) the extent to which the contract was performed.

  • Marginal note:Cost of preparing response

    (4) Subject to the regulations, the Tribunal may award to the complainant the reasonable costs incurred by the complainant in preparing a response to the solicitation for the designated contract.

  • 1993, c. 44, s. 44

Marginal note:Costs

  •  (1) Subject to the regulations, the Tribunal may award costs of, and incidental to, any proceedings before it in relation to a complaint on a final or interim basis and the costs may be fixed at a sum certain or may be taxed.

  • Marginal note:Payment

    (2) Subject to the regulations, the Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

  • 1993, c. 44, s. 44

Marginal note:Intervenors

 An interested party may, with leave of the Tribunal, intervene in any proceedings before the Tribunal in relation to a complaint.

  • 1993, c. 44, s. 44

Marginal note:Implementation of recommendations

  •  (1) Where the Tribunal makes recommendations to a government institution under section 30.15, the government institution shall, subject to the regulations, implement the recommendations to the greatest extent possible.

  • Marginal note:Notice of intention

    (2) Within the prescribed period, the government institution shall advise the Tribunal in writing of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so.

  • Marginal note:Notice of progress

    (3) Where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, it shall further advise the Tribunal in writing, within the prescribed period, of the extent to which it has then implemented the recommendations.

  • 1993, c. 44, s. 44
 
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