Opsis, Gestion D’infrastructure Inc. v. Canada (Minister of Public Works and Government Services) 2012 FCA 42
Trade Regulation - Commissions - Canadian International Trade Tribunal - Jurisdiction
Opsis, Gestion D’infrastructure Inc. (Opsis) filed a complaint under s. 30.11(1) of the Canadian International Trade Tribunal Act, alleging that the Department of Public Works and Government Services (Canada) did not properly evaluate its proposal submitted in response to a request for proposal subject to the Agreement on Internal Trade (AIT). Canada invoked the national security exception in Article 1804 of the AIT. The Canadian International Trade Tribunal declined jurisdiction to conduct an inquiry, finding that the complaint did not concern a designated contract, as prescribed by s. 30.11(1). Opsis applied for judicial review.
The Federal Court of Appeal dismissed the application.