THE ACCESS INFORMATION AGENCY INC.

THE ACCESS INFORMATION AGENCY INC.
File No. PR-
2017-008

Decision made
Wednesday, May 10, 2017

Decision and reasons issued
Tuesday, May 16, 2017

TABLE OF CONTENTS

 

IN THE MATTER OF a complaint filed pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.).

BY

THE ACCESS INFORMATION AGENCY INC.

AGAINST

THE DEPARTMENT OF HEALTH

DECISION

Pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal has decided not to conduct an inquiry into the complaint. Since the complainant has not yet received a definitive response to its objection to the government institution, the complaint is premature.

Daniel Petit
Daniel Petit
Presiding Member

STATEMENT OF REASONS

  1. Subsection 30.11(1) of the Canadian International Trade Tribunal Act[1] provides that, subject to the Canadian International Trade Tribunal Procurement Inquiry Regulations,[2] a potential supplier may file a complaint with the Canadian International Trade Tribunal (the Tribunal) concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint. Subsection 30.13(1) of the CITT Act provides that, subject to the Regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2) of the CITT Act, it shall decide whether to conduct an inquiry into the complaint.
  2. The complaint concerns a request for availability (hereafter, the RA) issued on April 4, 2017, by the Department of Health (Health Canada). The RA was issued pursuant to a standing offer for temporary help services in the National Capital Region for the purpose of issuing a call-up to one of the companies holding a standing offer. The requested services were those of an advanced-level consultant specialized in dealing with access to information and privacy requests. 
  3. The present complaint reiterates the contents of the complaints filed by The Access Information Agency Inc. (AIA) on April 24 and 28, 2017, in files No. PR-2017-003 and PR-2017-005, respectively. On April 27 and May 8, 2017, respectively, the Tribunal informed AIA that it would not conduct an inquiry into those complaints since AIA had not yet received a definitive response to its objection to the government institution and that the complaints were therefore premature.
  4. The Tribunal notes that when AIA filed this third complaint on May 8, 2017, it had not yet received a definitive response to its objection to Health Canada.
  5. Moreover, according to the evidence filed by AIA, the last relevant email from Health Canada to AIA, dated April 21, 2017, indicates that Health Canada was reviewing AIA’s objections and would provide an answer as soon as possible.[3] In view of these circumstances, AIA cannot be considered to have actual or constructive knowledge of a denial of relief from Health Canada within the meaning of subsection 6(2) of the Regulations. This complaint is therefore premature.
  6. AIA can file a new complaint within 10 working days of receiving a denial of relief from Health Canada.
  7. If AIA does not receive a response to its objection from Health Canada within 20 days following the date of issuance of these reasons, the Tribunal could consider Health Canada’s silence as an implicit denial of relief. AIA could then file a complaint with the Tribunal within 10 working days of that deadline. The Tribunal would then decide whether to conduct an inquiry into the complaint.

DECISION

  1. Pursuant to subsection 30.13(1) of the CITT Act, the Tribunal has decided not to conduct an inquiry into the complaint. Since the complainant has not yet received a definitive response to its objection to the government institution, the complaint is premature.
 

[1].     R.S.C., 1985, c. 47 (4th Supp.) [CITT Act].

[2].     S.O.R./93-602 [Regulations].

[3].     AIA, Exhibit 9. 

Case Number(s)

PR-2017-008

Attachment(s)

pr2r008_f.pdf (47.42 KB)

Status

Publication Date

Monday, May 29, 2017

Modification Date

Monday, May 29, 2017