Canadian International Trade Tribunal (CITT)

The Canadian International Trade Tribunal (CITT) is a federal administrative tribunal. In procurement, it acts as Canada's independent bid-challenge authority. It inquires into complaints from potential suppliers about federal procurements for designated contracts above prescribed monetary thresholds, and it is responsible for safeguarding the integrity of the Government of Canada's procurement processes. The Tribunal's procurement inquiries page sets out this role.

The Tribunal decides whether the federal government breached its procurement obligations under certain trade agreements to which Canada is party. The CITT's description of what it does and does not do makes clear that its job is to review how a procurement was run, not to buy anything itself.

Designated contracts and what the CITT can review

The CITT does not hear complaints about every federal purchase. Its jurisdiction covers a "designated contract". This is a contract for goods or services that a government institution has awarded, or proposes to award, and that is designated, or belongs to a class designated, by the Canadian International Trade Tribunal Procurement Inquiry Regulations. The Tribunal's glossary entry on procurement inquiries gives this definition.

A potential supplier may complain about any aspect of the procurement process that relates to a designated contract and to compliance with the applicable trade agreements. Typical questions include whether bids were evaluated fairly and whether the institution followed the required procedures. The CITT reviews procurements by federal government institutions. It does not generally review provincial or municipal procurement.

Legal basis and trade agreements

The CITT's procurement jurisdiction rests on the Canadian International Trade Tribunal Act, the Procurement Inquiry Regulations and the trade agreements that name it as Canada's bid-challenge authority. The CITT's procurement inquiries guide notes that various trade agreements designate the Tribunal in this role.

The Treasury Board Secretariat states that the CITT was designated under NAFTA, the WTO Agreement on Government Procurement and the Agreement on Internal Trade. Suppliers could complain about unfair or discriminatory procurement practices under those agreements. See the Treasury Board Secretariat policy page. The agreement that applies to a given procurement determines whether the CITT has jurisdiction, so the CITT's page on legislation and trade agreements is the place to check coverage.

How a complaint reaches the Tribunal

Deadlines are short. A supplier generally has 10 working days after it becomes aware, or reasonably should have become aware, of the basis of its complaint to object to the government institution or to file a complaint with the CITT. If the supplier first seeks relief from the institution and is denied, it has 10 working days after that denial to file with the Tribunal. These rules appear on the CITT procurement complaint form page.

• Identify the aspect of the procurement process you are challenging.
• Raise the issue with the responsible government institution, unless you file directly within the first 10 working days.
• If the institution denies relief, file with the CITT within 10 working days of the denial.
• Use the Tribunal's instructions for filing a complaint.

Remedies and the limits of CITT jurisdiction

If a complaint is valid, the Tribunal may recommend remedies such as issuing a new solicitation, reevaluating bids or terminating the contract. The Tribunal's procurement review publication describes these options.

The CITT's procurement function is separate from that of the Office of the Procurement Ombud, which handles certain lower-value complaints and other procurement-related issues. The CITT handles complaints about designated federal contracts above the prescribed thresholds.

Defence procurement is not automatically reviewable. Coverage depends on the procurement's exclusions, trade-agreement coverage, designation and thresholds.

What the CITT means for a supplier

If you bid on federal contracts, the CITT is your route for challenging an unfair process on a covered procurement. Before you rely on it, confirm that the solicitation is a designated contract and that a trade agreement covers it. Keep a record of when you learned of the problem, because the 10 working day clock runs from that point or from the denial of relief by the institution. Bid teams should assign someone to watch these deadlines from the moment a questionable evaluation, amendment or award notice arrives.