Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations: SOR/2021-69
Canada Gazette, Part II, Volume 155, Number 8
Registration
SOR/2021-69 March 29, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
P.C. 2021-240 March 26, 2021
His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Finance, pursuant to section 40 footnote a of the Canadian International Trade Tribunal Act 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
Amendment
1 The definition CETA in section 2 of the Canadian International Trade Tribunal Procurement Inquiry Regulations footnote 1 is replaced by the following:
- CETA
- means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, including the provisions of that Agreement as incorporated by reference in the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa on December 9, 2020; (AÉCG)
Coming into Force
2 These Regulations come into force on the day on which section 10 of the Canada – United Kingdom Trade Continuity Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2021, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
On January 1, 2021, the United Kingdom (U.K.) departed the European Union (EU) Single Market, thus losing the preferential terms of trade that have been applied under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) since September 21, 2017.
To ensure that Canadian businesses will continue to enjoy preferential trade with the U.K., Canada and the U.K. have agreed to a transitional trade agreement that replicates and preserves access to the benefits provided in CETA on a bilateral basis. The Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (the Agreement) will remain in place until Canada and the U.K. negotiate a comprehensive free trade agreement that can be best tailored to the bilateral relationship and interests.
The Agreement was signed on December 9, 2020, and the Canada – United Kingdom Trade Continuity Agreement Implementation Act (the Act) has since obtained royal assent.
The Canadian International Trade Tribunal (CITT) is responsible for inquiring into complaints made by potential suppliers of goods or services relating to federal government procurement that is covered by various trade agreements. These procurement inquiries are governed by the Canadian International Trade Tribunal Procurement Inquiry Regulations (the Regulations). In order to implement the Agreement outcomes concerning government procurement, consequential amendments to the Regulations are required.
Objective
To implement Canada's commitments under the Agreement.
Description and rationale
The Regulations are amended to incorporate a reference to the Agreement so that the CITT may conduct procurement inquiries in respect of complaints made by potential Canadian and U.K. suppliers concerning covered federal procurements. This amendment is consequential in nature, as it reflects the negotiated outcome of the Agreement. No substantive impacts will result from the amendment, as it maintains access of potential suppliers to timely, transparent, and non-discriminatory review procedures for procurement processes that existed with respect to the U.K. under CETA.
Consultation
A Canada Gazette notice was published in July 2018 to inform Canadians of proposed transitional trade agreement negotiations with the U.K. and the Government's efforts to mitigate disruption for business due to the U.K. plan to leave the EU. Because discussions leading to the Agreement were focused on replicating already-into-force CETA provisions on a bilateral basis with the U.K., broad public consultations were not undertaken. Furthermore, given that these regulatory measures replicate CETA provisions and are consequential to the Agreement and Act, no consultation nor prepublication were required.
The Government of Canada will seek the views of Canadians from across the country and from all sectors and backgrounds once Canada and the U.K. are ready to launch negotiations toward a possible comprehensive free trade agreement.
One-for-one rule and small business lens
The one-for-one rule does not apply to this amendment, as there is no change in administrative costs or burden to businesses.
Consistent with the principle of treating Canadian suppliers no less favourably than suppliers from other countries, Canadian small businesses may also have recourse with respect to federal procurement processes under the Agreement.
Contact
Brittany McNena
International Trade Policy Division
Department of Finance Canada
Ottawa, Ontario
K1A 0G5
Telephone: 343‑571‑2985