WORLD TRADE
ORGANIZATIONGPA/51
18 June 2001
(01-3018)
Committee on Government Procurement Original:  English
REVIEW OF NATIONAL IMPLEMENTING LEGISLATION
CANADA
The present document reproduces the questions put to the delegation of Canada and the
responses given and comments made during the review of national implementing legislation at the
Committee's meeting of 5 October 1999.1  Canada's notification of its national implementing
legislation in accordance with the Committee's Decision in GPA/1/Add.1 has been circulated in
document GPA/13, dated 27 March 1997.
_______________
REPLIES TO THE QUESTIONS FROM THE EUROPEAN COMMUNITY;  HONG KONG,
CHINA;  SWITZERLAND AND THE UNITED STATES
I. GENERAL
Question from the United States
1. A re the requirements of the GPA simply in corporated by reference rather than being
specifically implemented through separate Canadian legislation, regulations or other policy
instruments?
Bill C-57, An Act to Implement the Agreement establishing the World Trade Organization
(the WTO Implementation Act), entered into force on 1 January 1995.  The WTO Implementation Act
accomplished all that was necessary, by way of legislation, to ensure that Canada's obligations under
the Agreement on Government Procurement (GPA) can be met.  Section 3 provides that the purpose
of the WTO Implementation Act is to implement the Agreement Establishing the World TradeOrganization, including the agreements set out in Annexes 1A, 1B, 1C, 2 and 3 thereof and the
agreements set out in Annex 4 thereof that have been accepted by Canada (collectively, the WTO
Agreement).  Section 4 provides that the WTO Implementation Act is binding on the Government of
Canada.
Part I of the WTO Implementation Act contains general provisions applicable to
implementation of the WTO Agreement.  Section 8 provides that the WTO Agreement is approved.
Sections 9 to 13 empower the Federal Cabinet to take various kinds of action in furtherance of
administering Canada's activities under the WTO Agreement.
Part II of the WTO Implementation Act also provides for related and consequential
amendments to other federal legislation required to  give effect to the WTO Agreements, including the
GPA.
                                                     
1 The minutes of this meeting have been circulated in document GPA/M/12.GPA/51
Page 2
Section 116 of the WTO Implementation Act provides for amendments to the Financial
Administration Act  that permit the Federal Cabinet to give a directive to any parent crown corporation
for the purpose of implementing the WTO Agreement.   This enables the Federal Cabinet to require
the government enterprises listed in Canada's Anne x 3 of Appendix I of the GPA to comply with the
requirements of the GPA.
Sections 40 to 42 and 44 to 46 of the WTO Act provide for a number of minor amendments to
the Canadian International Trade Tribunal Act .  More extensive amendments of the Canadian
International Trade Tribunal Procurement Inquiry Regulations  were undertaken in order to empower
the Canadian International Trade Tribunal (the "Tribunal") to conduct an inquiry into a complaint
regarding any aspect of the procurement process in respect of a contract for the procurement of goods
or services, or any combination of goods and services, described in Article I of the GPA.  Prior tothese amendments, the Tribunal had jurisdiction to conduct an inquiry for any such contract described
in Article 1001 of the North American Free Trade Agreement (NAFTA) or in Article 502 of the
Agreement on Internal Trade (AIT).
The Canadian International Trade Tribunal Rules  govern the proceedings, practice and
procedures of the Tribunal in dealing with procur ement complaints.  The rules already provided for
procurement complaints under the NAFTA and the AIT when the GPA entered into force and did not
require amendment.
Question from the European Community
2. As regards the very qualification of government procurement in Canada, public service
contracts are not subject to any well-defined set of rules and the terms of access for foreigners are not
specified either.  The awarding of public service contracts by means of concession, leasing, state-
owned concern, etc. is neither very developed not very formalized.  Apart from the so-called BOT
formula (the nearest to the concession formula), there are no model contracts nor is there any
differentiation from government pr ocurement proper or from adminis trative contracts of other kinds.
Ad hoc rules normally prevail (enabling, in the case in question, foreign candidates to have access to
the tendering procedures).  Despite the likely prospect of a proliferation of public service contracts at
the federal, provincial and local levels, Canada has  no rules regarding non-discrimination against
foreigners nor regarding transparency and publicity when it comes to the implementation of
procedures.  What are its intentions, therefore, at both the internal and international levels?
We are unable to discern from the above a question related to Canada's implementing
legislation for the WTO Agreement on Government Procurement.  As stated in the Checklist of Issues
at paragraph 1:
"Bill C-57, An Act to Implement the Agreement Establishing the World Trade
Organization , brought the GPA into force for Canada on 1 January 1996.  Certain
amendments to the Financial Administration Act , the Canadian International Trade
Tribunal Act  and the Canadian International Trade Tribunal Procurement Inquiry
Regulations  were required to implement the GPA into Canadian law."
In addition as per paragraph 6:
"The  WTO Implementation Act does not contain specific provisions that reflect the
national treatment and non-discrimination commitments of Article III.  Rather, it
approves the Agreement Establishing the World Trade Organization, including the
agreements set out in Annexe s 1A, 1B, 1C, 2 and 3 thereof and the agreements set out
in Annex 4 thereof that have been accepted by Canada (i.e. the GPA, among others).
It also provides for related and consequential amendments to other federal legislation
required to give effect to the various agreements, including the GPA.GPA/51
Page 3
The Canadian International Trade Tribunal Act (CITT Act) and the Canadian
International Trade Tribunal Procurement Inquiry Regulations (CITT Regulations)
were amended to empower the Canadian International Trade Tribunal (Tribunal) to
conduct an inquiry into a complaint into any aspect of the procurement process in
respect of a contract for the procurement of goods or services, or any combination ofgoods and services, described in Article I of the GPA.  Prior to these amendments, the
Tribunal had no jurisdiction to conduct an inquiry for any such contract described in
Article 1001 of the NAFTA or in Article 502 of the AIT."
Section 30.14 (2) of the CITT Act provides:
"At the conclusion of an inquiry, the Tri bunal shall determine whether the complaint
is valid on the basis of whether the procedures and other requirements prescribed inrespect of the designated contract, or the class of contracts to which it belongs, have
been or are being observed."
Section 11 of the CITT Regulation provides:
"Where the Tribunal conducts an inquiry into a complaint, it shall determine whether
the procurement was conducted in accordance with the requirements set out in
whichever one of the NAFTA, the Agreement on Internal Trade or the Agreement on
Government Procurement applies.
Thus, alleged failure to accord national treatment or non-discrimination as required
by Article III of the Agreement would be a matter for the Tribunal to consider indetermining whether a complaint is valid."
Therefore, when a procurement is covered by the WTO Agreement on Government
Procurement, procuring authorities follow the law, wh ich in this case means all of the requirements of
the Agreement on Government Procurement.  We strongly disagree with the unsubstantiated
assertions in this question.
II. SCOPE AND COVERAGE
Question from the United States
1. Canada has not responded in substance to questions 2, 3, 4 and 8 of the Checklist of Issues
and other questions relating to covered sub-central entities.  However, in Annexes 2 and 3 of the
GPA, Canada agreed to “cover entities in all ten provinces on the basis of commitments obtained
from provincial governments” and to specify “coverage of Sub-central Enterprises for Goods,Services and Construction Services....within eighteen months after the conclusion of the new
Government Procurement Agreement.”  Nine Federal enterprises are specifically covered in Annex 3.
In this context, please provide substantive responses to questions 2, 3, 4, 8, 9, 10 and 11 of the
Checklist, and to the United States' question 6, below, with respect to covered sub-central entities,
including the Federal enterprises listed in Annex 3.
General Note 6 of Canada's offer states the following:"The offer by Canada, with respect to goods and services (including construction) in
Annexes 2 and 3, is subject to negotiation of mutually acceptable commitments(including thresholds) with other Parties, with initial commitments to be specified on
or before 15 April 1994 and specific commitments to be confirmed within eighteen
months after the conclusion of the new Government Procurement Agreement."GPA/51
Page 4
Mutually acceptable commitments were not negotiated with other Parties in the 18-month
period between April 1994 and October 1995.  As a result, Canada did not confirm any specific
commitments in October 1995 (nor have we since that time).
As declared by the Canadian Statement to the WTO Agreement on Government Procurement
on 25 October 1995, "Canada is prepared to table an offer at the sub-central level if, and only if,
members are prepared:  (1) to include sectors of priority to Canadian suppliers, for example, in the
steel and transportation areas;  and (2) to agree to circumscribe the use of small business and other set
asides in a manner that, while not precluding their use, would provide an acceptable security of access
to suppliers from all members of this committee."
Therefore, these questions are not applicable.
Question from the European Community
2. Canada has stated that "it is prepared to table an offer at the sub-central level if Members
are prepared: (I) to include sectors of priority to Canadian suppliers, foe example, in the steel andtransportation areas; and  (2) to agree to circumscribe the use of small business and other set asides
in a manner that, while not precluding their use, would provide an acceptable security of access to
suppliers from all Parties."  The European Community has opened the transport sector to certain
GPA Parties and does not have any preferences for small ad medium sized enterprises. Could Canada
please explain the apparent inconsistency in its position given that it has refused to enter intonegotiations with the European Community with respect to entities at the sub-central level?
Canada's position of linking the tabling of its schedule at the sub-central level to achieving
increased market access in sectors of priority interest to Canadian suppliers and improving security of
market access through circumscribing the use of small business and other set-aside exceptions underthe Agreement, remains unchanged.
The discriminatory and restrictive nature of Small Business Set-Asides and Buy American
stem from US procurement policies at the national level.  They are applied by States and
municipalities in their procurement when federal funding is provided, particularly in the transportation
and highways sectors.  Therefore, US federal government policies must be addressed to assure market
access and non-discriminatory treatment for suppliers to US State and municipal governments.
Question from the European Community
3. The application of non-discrimination rules to the sub-federal levels poses a problem.  The
Canadian provinces, subject as they are to the Agr eement on Internal Trade (AIT), are not aware of
(and do not accept) any obligation with regard to NAFTA and a fortiori to the ADP.  In particular,national preference rules (allowing a price difference of up to ten per cent to be taken into account)
apply in Quebec, Ontario and British Columbia.  At the local level, the organization of which
(municipalities, health system and educational system) falls exclusively within the competence of the
provinces, this ignorance is even greater and locali sm is even stronger, to the detriment of both the
rest of Canada and the rest of the world.  At the sub-federal level, therefore, Canada is not complyingwith the obligations stemming from the AGP.  When does it intend to do so?
Please see the response to the Questions from The United States No. 1 on scope and coverage,
above.GPA/51
Page 5
III. TENDERING PROCEDURES
Question from Hong Kong, China
1. With regard to the reply to question 9 in the Checklist of Issues, in some cases, procuring
entities may need to pre-qualify the suppliers before inviting them to participate in a tender.  Does
Canada consider this as a form of selective tendering?
Canada follows the provisions of the WT O Agreement on Government Procurement with
regard to the issue of selective tendering.  Procuring entities may choose to use selective tendering
procedures where they believe a pre-qualification process is required prior to inviting suppliers to
participate in a tender.
Question from Switzerland
2. With regard to selective tendering procedures (Question 9 in the Checklist of Issues), it is
mentioned that the procuring entity decides whether to use open or selective tendering procedures
depending on the nature of the requirement.  In the case of selective tendering, is there any rule
requiring for minimal number of bidders in the second stage of the procedures?  To what extent are
entities allowed to use permanent or source lists of suppliers?  Do potential suppliers and serviceproviders have, at any time, the possibility to ask for inclusion in the list?  Is the decision to refuse
acceptance of a supplier contestable?
In the case of selective tendering, there is no specific rule regarding the minimum number of
bidders in the second stage of the procedures.  The decision to use a permanent list is made by theprocurement organization on a case-by-case basis.  In accordance with Article VIII(d), potential
suppliers have the opportunity to request inclusion in a list of permanent suppliers at any time.  Any
aspect of the procurement process may be challenged, including the refusal to accept a supplier on a
list.
Question from the United States
3. Please explain how Canada determines when the use of limited tendering procedures is
permitted.  Are there specific laws or regulations that define when such procedures may be used?
How does Canada ensure that limited tendering procedures are not used with a view to avoiding
maximum possible competition or in a manner wh ich would constitute a means of discrimination
among suppliers of other Parties to the GPA?
Limited tendering procedures are used as permitted within the GPA.  In accordance with
Article VII, limited tendering procedures are allowed only under the conditions specified in
Article XV:1 (a) through (j).  Canada ensures a hi gh level of transparency for limited tendering by
publishing Advance Contract Award Notices.  This gives potential suppliers a chance to challenge the
government’s decision to approach only one source.
Question from the United States
4. Canada’s response to question 11 of the Checklist states that the period for the receipt of
tenders varies from 7 to 40 days, depending upon the relevant legislation of policy.  Please elaborate
upon this and specify the legislation, regulations or other policy instruments which set out theconditions for the use of the different time limits.  Under what conditions, if any, are entities permitted
to establish time periods for bidding that are shorter than those provided for in Article XI:2 of the
GPA?GPA/51
Page 6
All notice periods for open and selective tendering are established in accordance with the
provisions of the WTO Agreement on Government Procurement.
Even when limited tendering is used, procurement authorities are encouraged to publish a
notice, in the form of a limited tendering notice known as an Advance Contract Award Notice(ACAN), which is advertised on MERX and in the GBO (Government Business Opportunities)
Bulletin.  The ACAN, which is used only for limited tendering, is posted for seven working days.
This gives potential suppliers an additional chance to challenge the government's decision to approach
only one source.  Potential suppliers have 15 calendar days in which to challenge the award.
Question from the European Community
5. The rules applicable to federal government procurement limit the possibilities of verifying
whether there is any discrimination in the contra cts awarded by the federal administration.  The
possibilities of avoiding tendering procedures are many.  The European Community would like to
have some clarification, in particular, of the utilisation of Chapter 8 of the Government Contracts
Regulations of 23 June 1994:
- What is the proportion of non-competitive contracts in federal purchases (the subject
of this chapter)?
- What is the actual distribution among the various cases of non-competitive
procedures provided for in Article 5002 of these Regulations?
- How frequently are contracts concluded without prior notice of putting out to tender
(case of minimum advertising of the public purchase) and what is the actual
distribution between the cases provided for in Articles 8007 and 8008 of these
Regulations?
We are unable to locate a document titled Government Contracts Regulations of 23 June 1994
with the Chapter and Article system described above.
As stated in response to Question 1 of the European Community, procuring authorities follow
the law.  Where procurement is covered by the WTO Agreement on Government Procurement, they
only use the limited tendering reasons specified in Article XV of the WTO Agreement onGovernment Procurement.  Please note that the 1996 st atistics that Canada has deposited provide the
information required by Article XIX:5 of the WTO Agreement on Government Procurement on
limited tendering by reason.
Question from the European Community
6. The situation of public corporation contracts is also ambiguous.  They are not subject to the
government procurement regulations proper but to a much vaguer obligation to have recourse to
competitive procedures.  The Agreement on Internal Trade (AIT) applies in part only to these
corporations (energy, in particular, is excluded although Hydro-Quebec, for instance, is the fifth
largest public buyer in North America), while th e NAFTA rules, which apply only to federal-level
public corporations, fix liberalization thresholds that are even higher than those for procurement
proper.  In a context in which public services are administered more and more frequently by bodies
other than central government entities (e.g. air transport), what status does Canada intend to give to
purchases by public corporations at all levels?
Please see the response to Section III "Questions from The United States" No. 1 on scope and
coverage, above.GPA/51
Page 7
IV. VALUATION OF CONTRACTS
Question from the United States
1. Please explain how Canada ensures, in acco rdance with Article II:3 of the GPA, that
individual procurement requirements are not divided in such a way as to avoid application of theAgreement.
The valuation of contracts is conducted in accordance with the GPA including adherence to
Article II:3.  As such, the valuation method selected by the entity is not used, nor is any procurement
requirement divided, with the intention of avoiding the application of the GPA.
V. TRANSPARENCY PROCEDURES AND APPLICATION OF INFORMATION
TECHNOLOGY
Questions from Switzerland
1. Regarding invitation to participate in Question 7 in the Checklist of Issues, it is
mentioned that all of the entities covered by the Agreement are permitted to publish an invitation to
participate.  In the case of publishing an invitation in the form of a notice of proposed procurement,how are the requirements of Article IX:6 relating to the provision of information met?  Is it possible to
challenge the published note?
Invitations to participate are published in th e Government Business Opportunities (GBO) and
are also advertised on MERX, which provides Canada's  government electronic tendering service.  All
information requirements of Article IX:6 are contained in the notice of proposed procurement.  Any
aspect of the procurement process may be challenged, including the published note.
Information concerning MERX, is available at the following website address:
www.merx.cebra.com.
Question from Switzerland
2. Is there any contact point providing information on procurement matters for suppliers andservice providers from Parties to the GPA?
Information on procurement matters is accessible through the following Federal government
websites:
Contracts Canada www.contractscanada.gc.ca
Treasury Board Secretariat www.tbs-sct.gc.ca
MERX electronic tendering service www.merx.cebra.com
The Contracts Canada website provides information for suppliers on how to do business or to sell to
the Canadian government.  The treasury Board Secretariat website provides information on
government procurement policy.  The MERCX website contains notices on government procurement.
The three websites are linked.GPA/51
Page 8
Question from Hong Kong, China
3. It is mentioned in the reply to Question 5 in the Checklist of Issues that all procurements
covered by the WTO GPA are advertised on the Open Bidding Service and Government Business
Opportunities.  Does Canada have any plans to receiv e bids through these two systems or otherwise
by electronic means?
Canada does not have a policy on receipt of bids electronically.  Canada does receive some
bids or portions of bids electronically on a case-by-case basis.  Canada has no plans to use the
electronic tendering system for this purpose.
The Government Electronic Tendering Service is operated by the MERX system, which
provides both the electronic and paper publications  (Government Business Opportunities).  The Open
Bidding Service (OBS), operated by ISM Inc., was formerly used at the government electronic
tendering service.
The Internet website of the Government Electronic Tendering Service provided by MERX is:
www.merx.cebra.com.
VI. BID CHALLENGE PROCEDURES AND ENFORCEMENT
Question from Hong Kong, China
1. The Canadian International Trade Tribunal is responsible for determining the validity of
procurement complaints.  Its name, however, sugge sts that it may cover more than bid challenges
under the GPA, but other forms of international trade disputes as well.  Could Canada clarify the
ambit of the Canadian International Trade Tribunal?
The Canadian International Trade Tribunal (CITT) is an independent quasi-judicial body and
is not part of any federal government department or agency.  It carries out its responsibilities in anopen, fair, and impartial manner.
The Tribunal reports to Parliament through the Minister of Finance.  Several acts of
Parliament give the Tribunal powers to carry out its mandate.  The primary sources of Canadian law
governing the work of the Tribunal are as follows:
• the Canadian International Trade Tribunal Act (CITT Act) and its Regulations;
• the Canadian International Trade Tribunal Rules;
• the Special Import Measures Act (SIMA) and its regulations;
• the Customs Act and the Customs Tariff; and
• the Excise Act.
The Tribunal's mandate covers both judicial and advisory functions.  It:
• conducts inquiries into whether dumped or subsidized imports have caused, or are
threatening to cause, material injury to a domestic industry;
• hears and decides appeals of Revenue Canada decisions made under the Customs Act, the
Excise Tax Act and SIMA;
• conducts inquiries and provides advice on such economic, trade and tariff issues as are
referred to the Tribunal by the Governor in Council or the Minister of Finance;
• investigates requests from Canadian producers for tariff relief on imported textile inputs
that they use in their production operations;GPA/51
Page 9
• conducts safeguard inquiries into complaints by domestic producers that increased
imports are causing, or are threatening to cause, serious injury to domestic producers;and
• conducts inquiries into complaints by potential suppliers concerning procurement by the
federal government that is covered by NAFTA, the WTO Agreement on GovernmentProcurement (GPA) and the Agreement on Internal Trade (AIT).
Information relating to the Canadian International Trade Tribunal is available on the official
website of the Tribunal.  The CITT site address is: www.citt.gc.ca.
Question from Switzerland
2. In the reply to question 14(v) in the Checklist of Issues, it is mentioned that the government
institution required to implement the Tribunal’s recommendations, if intending not to fully implement
them, must notify the Tribunal of the reasons for not doing so.  This wording suggests that therecommendations of the Tribunal are not of a bind ing character.  Could Canada clarify the discretion
left to the procuring government entity?
A determination made by the Tribunal may consist of recommendations to the government
institution (such as re-tendering, re-evaluation or providing compensation).  The Tribunal may alsoaward reasonable costs to a complainant to cover expenses for bid preparation and for the bid
challenge.  The Tribunal may also award costs incurr ed in participating in proceedings relating to a
complaint.  The government institution and all other parties are notified of the Tribunal’s decision.
Recommendations made by the Tribunal in its determination are to be implemented to the
greatest extent possible.  In the event the govern ment institution involved in the procurement cannot
implement the recommendations of the Tribunal, it must notify the Tribunal of the reasons for not
doing so.  A decision not to implement on the part of the government institution can be appealed to
the Federal Court.  The Federal Court has indicated that the provisions regarding implementation of
the recommendations of the Tribunal are intended to make non-compliance "an unusual occurrence".
Question from Switzerland
3. Is there any institution or body (besides the CITT) monitoring the enforcement of the GPA?
Could Canada explain the kinds of action the Federal Cabinet is empowered to take in furtherance of
administering Canada’s activities under the WTO Agreement?
The Canadian International Trade Tribunal (CITT) does not monitor the enforcement of the
GPA.  The Tribunal receives complaints from potential suppliers regarding the federal government
procurement process.  Once the Tribunal has received a complaint, it then determines whether the
government institution responsible for the procurement under review has met the requirements of
international and national trade agreements and Canadian legislation.  Decisions of the Tribunal may
be appealed to the Federal Court of Canada.
With respect to the Federal Cabinet, the Prime Minister appoints the Cabinet from amongst
elected Members of Parliament of his or her party.  Each Cabinet Minister is given responsibility for a
department of the government.  Ministers represent their portfolios in the House of Commons and
table legislation affecting their departments as necessary.  They are accountable to the House for allactions carried out in their name or by their department because, under Canada's Constitution, this is
where elected officials are made responsible to the citizens of Canada.
Further information on the structure of the Canadian government and its executive branch is
available at the Parliamentary Internet:  www.parl.gc.ca.GPA/51
Page 10
Question from the United States
4. Please indicate whether Canada’s responses to the questions contained in Section III of the
Checklist (Challenge Procedures) apply to covered sub-central entities, including the Federal
enterprises listed in Annex 3.  If not, please provide responses to those questions, and to the United
States’ questions 6 and 7 below, with respect to covered sub-central entities.
Please see the response to Questions from The United States" No. 1 on scope and coverage,
above.
Question from the United States
5. Canada’s response to the availability of challenge procedures as set forth in paragraph 3 of
Article XX of the GPA cites the "Procurement Review Process - A Descriptive Guide", January 1996,as being provided to the WTO.  Please describe how this guide and other forms of Canada’s
challenge procedures are disseminated to the public.
The guide titled "Procurement Review Process - A Descriptive Guide" along with other
documents outlining the details of Canadian challenge procedures are widely disseminated and areaccessible through the Internet at the official website of the Canadian International Trade Tribunal.
The CITT site address is: www.citt.gc.ca.
Other documents relating to Government procurement such as "Information of Procurement
Review" and "Canadian International Trade Tribunal - Procurement Cost Guidelines" are alsoavailable on the CITT website.
Tribunal documents are also available through the CITT's Factsline which is accessed via a
telecopier telephone or by contacting the Tribunal directly and requesting the desired publication.
Question from the United States
6. Canada states that rapid interim measures are available to correct breaches of the GPA and
that those measures include the possibility of suspension of the procurement process, unless a
government entity certifies in writing that “the proc urement is urgent or that a delay in awarding the
contract would be contrary to the public interest .”  Please explain how those exceptions (“urgent”
and “contrary to the public interest”) are defined in Canada’s applicable laws, regulations and otherpolicy instruments, and whether the certification (of urgency or need for a delay) is subject to internal
review or whether it is a unilateral decision.
The terms "urgent" and "contrary to the public interest" are contained in the Canadian Trade
Tribunal Act Article 30.1 (3) subsection 4.  In the event that the government procuring entity believesthat the "the procurement is urgent or that a delay in awarding the contract would be contrary to the
public interest" and makes certification to that effect in writing to the Tribunal, then the Tribunal will
accept the certification of the procuring entity.GPA/51
Page 11
Question from the United States
7. In response to the question on rapid interim measures available to correct breaches of the
Agreement, Canada stated that “[a]ny party to a procurement complaint proceeding may request that
the Tribunal consider the feasibility of using the ‘express option’ procedure...”  Please explain what
factors may be taken into account in considering the feasibility of such rapid interim measures.
As stated in Canada's Checklist of Issues, the accelerated procedure or the 'express option'
may be warranted in reviewing possible breaches to the Agreement.  Any party may request the use of
the express option, provided that the request is made in writing and submitted to the Tribunal no later
than three days from the filing of  the complaint.  The Tribunal will decide within two days of
receiving the request whether the case is suitable for the express option, taking into consideration the
reasons for the request, the complexity of the case and the workload of the Tribunal.
When the express option is used, the normal time-limits for submission of the various reports
and comments and issuance of the Tribunal's determination are compressed.  Under the express
option, the Government Institution Report must be filed within ten days of the government institution
being notified by the Tribunal that the express option will be used.  The complainant's and intervener'scomments on the Government Institution Report must be filed with the Tribunal within five days of
the report being sent to the complainant by the Tribunal, and the Tribunal’s determination must be
issued within 45 days of the filing of the complaint.
Question from Switzerland
8. Is there any practice establishing a tool for the rapid and informal solution of problems
encountered by suppliers and service providers in getting access to public contracts outside judicial
review?
With respect to the question of a rapid and informal solutions, a potential supplier or service
provider with an objection is encouraged initially  to try to resolve the issue with the government
institution responsible for the procurement.  If this process is not successful or a supplier chooses to
deal directly with the Tribunal, the supplier may do so by filing a written complaint in accordance
with CITT's regulations.  As stated in the Regu lations Respecting Canadian International Trade
Tribunal Inquiries into Potential Suppliers’ Complaints Concerning Government Procurement,
Article 6(2):
"A potential supplier who has made an objection regarding a procurement
relating to a designated contract to the relevant government institution, and is denied
relief by that government institution, may file a complaint with the Tribunal within
ten working days after the day on which the potential supplier has actual or
constructive knowledge of the denial of relief, if the objection was made within tenworking days after the day on which its basis became known or reasonably should
have become known to the potential supplier."
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