Statutes and regulations

Table of Contents

• Overview of Key Acts and Regulations
• Related Acts and Legislation
• Challenge process
  • More About the Challenge process
• For More Information

Government of Canada procurement activities are carried out according to the following major statutes:

• Department of Public Works and Government Services Act
• Defence Production Act
• Federal Accountability Act
• Financial Administration Act
• Government Contracts Regulations

Overview of Key Acts and Regulations

For a summary of key pieces of legislation affecting procurement, see:

• Supply Manual, Section 1.20 - Statutes and Regulations

Related Acts and Legislation

The following acts and regulations address subjects that may affect procurement activities and other acquisitions-related activities:

• Canadian International Trade Tribunal Procurement Inquiry Regulations
• Comprehensive Land Claims Agreements (CLCAs)
• Conflict of Interest Act
• Lobbying Act
• Surplus Crown Assets Act
• Procurement Ombudsman Regulations

Challenge process

For any given procurement, one or more of the following avenues may be available to a supplier that wishes to make a claim regarding the conduct of the procurement:

• Canadian International Trade Tribunal (CITT): CITT is the bid challenge authority for all of Canada's trade agreements. A potential supplier may file a complaint concerning a procurement action to the CITT, on grounds that any aspect of the procurement process relating to a requirement covered by these agreements is unfair or discriminatory. CITT is authorized to receive complaints pertaining to any aspect of the procurement process up to and including contract award, and also to conduct inquiries and make determinations.
• Office of the Procurement Ombudsman (OPO): OPO is an independent organization with a government-wide mandate. OPO's overall objective is to strengthen the fairness, openness, and transparency of federal procurement. Included in the mandate of OPO is the authority to:
  • Review the practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and make any appropriate recommendations to the relevant department for the improvement of those practices;
  • Review any complaint respecting the award of a contract below the value of $26,400 for goods and below the value of $105,700 for services provided that certain criteria apply (these criteria include: the complaint must be filed in writing, by a Canadian supplier, within strict timeframes; the facts and grounds of the complaint have not been before the Canadian International Trade Tribunal or a court; and the subject of the contract is not one of the exclusions or exceptions in the Canadian Free Trade Agreement);
  • Conduct reviews for any complaints on the administration of a contract for the acquisition of materiel or services by a department, regardless of dollar value; and
  • Ensure that an alternate dispute resolution process is provided, if both parties agree to participate.

More About the Challenge process

For advice and guidance in initiating challenges and interacting with the OPO or the CITT, see:

• Supply Manual, Section 1.35 - The Challenge process

For More Information

Electronic versions of the above listed acts are available on the Department of Justice website.