Canadian International Trade Tribunal (CITT) Complaint

A Canadian International Trade Tribunal (CITT) complaint is a complaint filed by a potential supplier alleging that a federal procurement process breached Canada's obligations under an applicable trade agreement. It concerns an aspect of the procurement process for a designated contract and asks the Tribunal to conduct an inquiry. The CITT glossary entry on procurement inquiries sets out this meaning.

The CITT is Canada's federal bid-challenge authority for procurement covered by specified trade agreements. The Treasury Board policy framework designates it for that role. It investigates complaints about certain federal procurements, decides whether the government complied with the applicable obligations, and can recommend remedies.

Who can file a CITT complaint

A bidder or prospective bidder may file. The CITT procurement complaint page states that eligible complainants include Canadian suppliers and suppliers from countries that are party to a trade agreement with Canada containing procurement obligations. The Tribunal publishes a page on how to file a complaint and a complaint form for this purpose.

What the Tribunal reviews

The CITT handles procurement by the Government of Canada, not general provincial procurement. Its jurisdiction covers federal contracts for goods and services above the applicable trade-agreement thresholds, as the Treasury Board's Directive on the Management of Procurement assigns.

• Designated contract: a contract or proposed contract for goods or services, awarded or intended to be awarded by a government institution and designated under the Canadian International Trade Tribunal Procurement Inquiry Regulations.
• Applicable agreements: the Canadian Free Trade Agreement and Canada's international free-trade agreements, including the WTO Agreement on Government Procurement and CUSMA.
• Issues considered: whether bids were evaluated fairly and whether the government met its procurement obligations under those agreements.

CITT complaints compared with the Office of the Procurement Ombud

The CITT and the Office of the Procurement Ombud (OPO) have different jurisdictions. For Canadian suppliers, the CITT's page on working with the OPO identifies thresholds of $34,700 for goods and $139,000 for services for designated contracts. The OPO handles designated contracts below those amounts. Filing with one body does not constitute filing with the other.

Deadlines and possible outcomes

Complaints are subject to strict filing deadlines. A solicitation's procurement-complaint instructions may direct suppliers to the CITT, the OPO, or another applicable body and identify the relevant time limits. A CanadaBuys request for proposal shows how these instructions appear in a solicitation document.

The CITT's materials state that a supplier may first try to resolve the issue with the government institution responsible for the procurement. If a complaint proceeds, the Tribunal may determine its merits and award reasonable complaint-related costs where appropriate. It may also recommend remedies such as re-solicitation or payment of damages, as set out in the Treasury Board directive. The procurement inquiries guide describes the process in more detail.

What a CITT complaint means for a supplier

If you bid on federal work and believe an evaluation or process breached a trade agreement, the CITT is the forum for covered contracts above the thresholds. Read the complaint instructions in each solicitation at the outset, confirm which body applies to the contract value, and note the time limits. Consider raising the issue with the contracting authority first, since the CITT's materials describe that as an available step.