| File No. PR-2018-038
Weinmann Limited
|
| Decision made |
IN THE MATTER OF a complaint filed pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.).
BY
WEINMANN LIMITED
AGAINST
THE ST. LAWRENCE SEAWAY MANAGEMENT CORPORATION
DECISION
Pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal has decided not to conduct an inquiry into the complaint.
| Cheryl Beckett
|
| Cheryl Beckett |
STATEMENT OF REASONS
[1]
Subsection 30.11(1) of the Canadian International Trade Tribunal Act
[1]
provides that, subject to the Canadian International Trade Tribunal Procurement Inquiry Regulations,
[2]
a potential supplier may file a complaint with the Canadian International Trade Tribunal (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. Subsection 30.13(1) of the CITT Act provides that, subject to the Regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2) of the CITT Act, it shall decide whether to conduct an inquiry into the complaint.
SUMMARY OF COMPLAINT
[2]
This complaint by Weinmann Limited (Weinmann) concerns procurements by the St. Lawrence Seaway Management Corporation (SLSMC).
[3]
Weinmann filed a complaint with the Tribunal on November 5, 2018, where it contended that the SLSMC failed to guarantee it a fair and impartial pre-qualification process, including by removing it from the list of pre-qualified suppliers, and consequently denied it access to specific procurements.
ANALYSIS
[4]
On November 9, 2018, pursuant to subsection 30.13(1) of the CITT Act, the Tribunal decided not to conduct an inquiry into the complaint.
[5]
Pursuant to sections 6 and 7 of the Regulations, the Tribunal may conduct an inquiry if the following conditions are met:
- the complaint has been filed within the time limits prescribed by section 6;
[3]
- the complainant is an actual or potential supplier;
[4]
- the complaint is in respect of a designated contract;
[5]
and
- the information provided discloses a reasonable indication that the government institution did not conduct the procurement in accordance with the applicable trade agreements.
[6]
[6]
In this case, the Tribunal has determined that the information provided by Weinmann does not show that the complaint is in respect of a designated government institution or enterprise and, therefore, does not meet the third condition for inquiry.
[7]
In order for the Tribunal to have jurisdiction to conduct an inquiry, the procurement must be undertaken by an entity listed in the relevant trade agreements to which Canada is a party. The SLSMC is not listed in any such agreements.
[7]
Therefore, the Tribunal has no jurisdiction to inquire into the procurements conducted by the SLSMC described in Weinmann’s complaint.
DECISION
[8]
Therefore, pursuant to subsection 30.13(1) of the CITT Act, the Tribunal has decided not to conduct an inquiry into the complaint.
| Cheryl Beckett
|
| Cheryl Beckett |
[1]
. R.S.C., 1985, c. 47 (4th Supp.) [CITT Act].
[2]
. S.O.R./93-602 [Regulations].
[3]
. Subsection 6(1) of the Regulations.
[4]
. Paragraph 7(1)(a) of the Regulations.
[5]
. Paragraph 7(1)(b) of the Regulations.
[6]
. Paragraph 7(1)(c) of the Regulations.
[7]
. Its predecessor, the St. Lawrence Seaway Management Authority, was a listed government enterprise (for a specific commitment regarding the protection of confidential information) in the North American Free Trade Agreement and the World Trade Organization Agreement on Government Procurement but was removed prior to 2007 as a result of changes to Canada’s commitments: D. Attwater, Procurement Review: A Practitioner’s Guide at 2-12.7; Revised coverage schedule of Canada, online at: https://www.wto.org/english/tratop_e/gproc_e/gp_app_agree_e.htm#revisedGPA.