Canadian International Trade Tribunal (CITT) Jurisdiction

When a supplier believes a federal department didn't follow the rules in awarding a contract, the Canadian International Trade Tribunal becomes their court of appeal. This independent quasi-judicial body has the power to investigate procurement complaints, order departments to redo evaluations, set aside contract awards, and even award compensation to wronged bidders—but only for contracts covered by trade agreements and above specific dollar thresholds.

How It Works

The Tribunal's authority comes from various trade agreements that designate it as Canada's official bid challenge authority. According to the Tribunal's procurement inquiries guide, it provides a forum for addressing issues in federal procurements conducted by departments like PSPC, DND, and SSC. Not every contract falls under its jurisdiction, though. The procurement must be a "designated contract" under applicable trade agreements, typically meaning goods and services valued above $30,600 or construction above higher thresholds.

The complaint process moves fast. You have just 10 working days after you knew or reasonably should have known about your grounds for complaint to file with the Tribunal. Extensions up to 30 days are possible for circumstances beyond your control or when raising systemic issues affecting multiple procurements. The Tribunal operates as a court of record under section 17 of the CITT Act, meaning its proceedings are formal and its decisions can be appealed to Federal Court under the Federal Courts Act.

The remedies available are substantial. The Tribunal can recommend that departments terminate contracts already awarded, re-evaluate proposals using the correct criteria, or compensate suppliers for bid preparation costs and lost profits. Trade agreements and the Canadian International Trade Tribunal Procurement Inquiry Regulations guide these determinations. The recourse mechanisms framework emphasizes that both Canadian and international businesses get access to these fair and transparent processes for investigating federal procurement complaints.

Key Considerations

• National security trumps everything. If an Assistant Deputy Minister or equivalent signs a letter invoking the National Security Exception before contract award, the Tribunal must dismiss your complaint. The Regulations were amended in June 2019 to clarify this authority, and once properly invoked, there's no review of the substance of your concerns.

• The 10-day clock starts when you should have known. Don't wait until after contract award to read the debrief. If the solicitation document contained flawed requirements, your clock started when the document was published, not when you lost the competition.

• Subcontracts are usually out of bounds. The Tribunal's jurisdiction covers direct federal contracts under trade agreements. If you're bidding on a subcontract under a prime contractor, you're generally outside the Tribunal's reach regardless of the dollar value.

• Provincial and municipal contracts have different rules. The Tribunal's authority extends only to federal procurement. Provincial governments have their own complaint mechanisms, and understanding intergovernmental agreements becomes essential for contracts involving multiple levels of government.

Related Terms

Trade Agreement Thresholds, Standing Offers and Supply Arrangements, Contract Debriefing Rights

Sources

• Canadian International Trade Tribunal - Procurement Inquiries Guide

• Global Affairs Canada - Information Note on Recourse Mechanisms for Contracting

• Canadian International Trade Tribunal - Mandate, Organization and Activities

If you're preparing a bid on a significant federal contract, factor the Tribunal's complaint process into your risk assessment. Knowing when and how you can challenge a flawed procurement gives you options beyond simply walking away.