Procurement Inquiries

Decision Information

Decision Content

File PR-2024-079

McKay Mechanical Inc.

v.

Department of Public Works and Government Services

Order issued
Friday, April 25, 2025

 


IN THE MATTER OF a complaint filed by McKay Mechanical Inc. pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a decision to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act.

BETWEEN

MCKAY MECHANICAL INC.

Complainant

AND

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES

Government Institution

ORDER

WHEREAS McKay Mechanical Inc. (McKay) filed the above‑mentioned complaint on March 6, 2025;

AND WHEREAS the Canadian International Trade Tribunal decided, on March 12, 2025, to inquire into the complaint, pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act (CITT Act) and subsection 7(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations);

AND WHEREAS the Tribunal directed, on March 13, 2025, the Department of Public Works and Government Services (PWGSC) and Brookfield Global Integrated Solutions (BGIS) to file submissions as to whether the Tribunal has jurisdiction to conduct this inquiry;

AND WHEREAS PWGSC and BGIS filed their submissions on March 21, 2025, and March 31, 2025, respectively;

AND WHEREAS the Tribunal also directed McKay to file a reply to PWGSC’s and BGIS’s submissions no later than April 7, 2025;

AND WHEREAS McKay did not provide a reply to PWGSC’s and BGIS’s submissions by April 7, 2025;

AND WHEREAS the Tribunal directed McKay to provide its outstanding submissions no later than April 16, 2025, if it wished to pursue this complaint;

AND WHEREAS McKay did not provide its outstanding submissions by April 16, 2025;

AND WHEREAS the Tribunal may dismiss the complaint if the complainant fails to file any information required by the Tribunal, pursuant to paragraph 10(1)(d) of the Regulations and paragraph 29(c) of the Canadian International Trade Tribunal Rules (Rules);

THEREFORE, pursuant to paragraph 10(1)(d) of the Regulations and paragraph 29(c) of the Rules, the Tribunal dismisses this complaint.

Each party will bear its own costs.

Eric Wildhaber

Eric Wildhaber
Presiding Member

 

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