Chapter 13 of the United States-Canada Free Trade Agreement: Has It Created an Open and Effective Government Procurement Dispute Resolution System?

Levesque, Charles W. | January 1, 1991

Chapter 13 creates new and additional opportunities for businesses on both sides of the Canadian-United States border to bid on federal government contracts on opposite sides of the border. In order to implement the Free Trade Agreement and the provisions of Chapter 13, the Canadian federal government created a new administrative agency, the Procurement Review Board of Canada (the Board), to adjudicate government procurement disputes. The Board is the focus of this article. Because the Board is charged with adjudicating contract disputes arising under Chapter 13 of the FTA, its decisions provide an insight into whether Chapter 13 is creating “for Canada an international undertaking to provide an equitable (i.e. procedurally fair), transparent (i.e. all details known at outset) and effective bid challenge system.”