Treasury Board Trade Agreements

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If contracting is covered by more than one trade agreement, all applicable trade agreements must be respected at the same time, considering the strictest procedures of the trade agreement. Other agreements facilitate trade between Canadian governments and their public institutions. Second, the bidder may be disqualified when the bidder and the buyer are in a conflict of interest. Third, the eligibility criteria must be consistent with all existing trade agreements. Fourth, buyers are required to ensure fair competition and this obligation may be violated if buyers set eligibility criteria that over-favour one or more bidders. Finally, there may be additional restrictions specific to certain levels of government. For example, the Quebec procurement regime generally requires buyers to specify in their compliance requirements that the filing of multiple bids for the same tender by a supplier results in an automatic rejection of all offers from that supplier.42 Foreign procurement contracts are worth hundreds of billions of dollars a year and offer significant potential opportunities to Canadian exporters. Public procurement obligations in international trade agreements help ensure that Canadian suppliers of goods and services are treated in an open, transparent and non-discriminatory manner when selling to governments outside Canada. In addition to suppliers, open public procurement benefits governments and taxpayers by increasing competition, expanding the choice of available goods and services and, importantly, reducing costs. The ADR and Canada`s trade agreements all contain different languages, which means that the federal government is subject to a large number of obligations that may be similar in substance, but differ in a nuanced way. In addition, the CITT`s procedural approach to appeals is much less formal than that of the courts. A disgruntled supplier, who is suing the federal government, has a number of options for complaint procedures.

contracting will then be covered by the trade agreement and the obligations of the trade agreement will apply. The Canadian Tribunal for International Trade (CITT) is the leading quasi-judicial institution in Canada`s trade assistance system. The CITT has the authority to investigate complaints about purchases covered by trade agreements. For more information, see: The thresholds applicable from January 1, 2016 to December 31, 2017 for markets subject to various international trade agreements are presented in the table below.

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