Summary |
On June 13, 2025, amendments to the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations) came into force. The Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations (SOR/2025-140), along with the Regulatory Impact Analysis Statement, were published in Part II of the Canada Gazette on July 2, 2025.
These amendments to the Regulations support the implementation of Canada's Interim Policy on Reciprocal Procurement, which limits access to Canada's federal non-defence procurement market to Canadians and trading partners who provide reciprocal access to Canada via trade agreements, including the WTO GPA. Under this approach, and subject to certain exceptions, suppliers located in countries with which Canada has no procurement trade obligations will no longer have access to the federal procurement market, while suppliers located in countries with which Canada has a trade agreement will receive access to the federal procurement market as provided for in the respective trade agreement.
The amendments clarify that a "potential supplier," who can bring a complaint to the Canadian International Trade Tribunal (CITT), is limited to Canadian businesses or businesses of a trade agreement country with procurement trade obligations. The amendments include other clarifications to provide interpretive principles for and support implementation of these changes, such as updating the conditions for inquiry, and limiting the potential remedies that may be granted by the CITT to businesses with valid complaints.
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