Act quickly: deadlines are strict
You must act quickly if you want to file a procurement complaint, as deadlines are strict. Missing a deadline means your complaint can’t be considered.
Before filing a complaint with the Tribunal
You can try to settle your objection directly with the government institution awarding the contract. If you choose this option, contact the person responsible for the procurement within the time limits mentioned below, and they’ll tell you how to proceed.
If you can’t settle your objection with the government institution, you can still bring it to the Tribunal within 10 working days of being informed that the institution hasn’t addressed your objection to your liking.
Under exceptional circumstances, a complaint may be filed within 30 calendar days.
Types of procurement complaints reviewed by the Tribunal
The Tribunal reviews procurement complaints under the Canadian Free Trade Agreement and international free trade agreements.
Who can file a complaint?
Both Canadian and foreign suppliers can file a complaint with the Tribunal.
Where should I file my complaint and who handles it?
The Canadian International Trade Tribunal and the Office of the Procurement Ombud (OPO) work closely together under a memorandum of understanding to help you file your complaint on time and with the right organization. If you file a complaint with the wrong organization, you’ll be redirected to the right one.
Filing your complaint with one organization doesn’t result in an automatic filing with the other. File with the other organization soon as possible, as deadlines won’t be extended if you file with the wrong organization.
The table below indicates which organization is responsible for handling complaints by Canadian suppliers based on the threshold amounts for goods, services and construction contracts.
Organization responsible for handling the complaint | Goods | Services* and construction |
---|---|---|
Tribunal | $33,400 and above | $133,800 and above |
OPO | Below $33,400 | Below $133,800 |
*The threshold for filing a complaint with the Tribunal for services relating to the Canada–Korea Free Trade Agreement is $100,000 and above.
Deadlines for filing your complaint
There are strict deadlines for filing your complaint. If you miss them, unfortunately, neither organization can respond to it.
Typically, you have
- 10 working days to file a complaint with the Tribunal,
- 30 working days to file a complaint with OPO.
Complaint forms
It’s very important that you provide all the information in your form. If your complaint is incomplete, it may not be considered.
Overview of the complaint process
Staff of the Tribunal and OPO are available to guide you. They can explain the process to you and provide you with the required information.
They may ask you to explain your situation in writing or to fill out certain parts of the complaint form you’ve missed. They may also ask you to provide additional documents.
The flowchart that follows shows you the complaint process at the Tribunal.
- You have 10 working days after the day you became aware, or should have become aware, of the grounds (the reasons) for the complaint, to file:
- a complaint with the Tribunal; or
- an objection with the government institution that is awarding the contract. If you can’t settle your objection with the government institution, you can still bring it to the Tribunal within 10 working days of being informed that the institution hasn’t addressed the objection to your liking. It’s essential that you include all relevant information to avoid delays.
- The Tribunal reviews your complaint to determine whether it can be accepted for inquiry. You’ll be notified within about one week if it is or told why if it’s not.
- If your complaint proceeds to the inquiry stage, about one month later you’ll receive a copy of the Government Institution Report, which is the government institution’s response to your complaint.
- You have 7 working days to provide comments on the report.
- In most cases, within 90 calendar days from its receipt, the Tribunal determines whether your complaint is valid, valid in part or not valid.
- If you disagree with the Tribunal’s findings, you can ask the Federal Court of Appeal to review the matter.
Need help?
If you need help, contact:
The Registry of the Tribunal
Telephone: 613-993-3595
Email: citt-tcce@tribunal.gc.ca
OPO
Telephone: 1-866-734-5169
Email: ombudsman@opo-boa.gc.ca