CITT barred from reviewing Buy Canadian measures

Summary#

These final regulations change the rules about what the Canadian International Trade Tribunal (CITT) can look into when someone files a complaint about a federal procurement. They stop the Tribunal from reviewing procurement measures that favour Canadian suppliers, Canadian content, or that limit procurements to small businesses. The rules came into force on December 15, 2025.

What it does#

• Adds a new rule to the Canadian International Trade Tribunal Procurement Inquiry Regulations that bars the CITT from addressing procurement measures that:
  • restrict participation to or favour Canadian suppliers;
  • require or favour Canadian goods or Canadian services;
  • require or favour Canadian materials;
  • require or favour Canadian subcontractors;
  • require bids to provide benefits for Canada or include a minimum Canadian value-added.
• Stops the CITT from reviewing measures that restrict participation to small businesses where CETA or the CUKTCA apply.
• Prevents the CITT from examining how key terms are defined in procurement documents (for example, how “Canadian supplier” or “small business” are defined).
• Changes section wording so the Tribunal only decides if a procurement followed the applicable trade-agreement procurement rules, subject to the above limits.
• Includes a transitional rule: the changes apply to complaints filed on or after December 15, 2025, and to complaints still undecided by the CITT on that date.

Who's affected#

• Suppliers from other countries who might have used the CITT to challenge federal procurement decisions. They will not be able to use the CITT to challenge the specific Buy Canadian–style measures listed above.
• Canadian suppliers and small businesses that the Buy Canadian measures are meant to help; they are less likely to see procurement decisions overturned by the CITT on these points.
• The Canadian International Trade Tribunal (CITT) itself, because its review powers are narrowed.
• Federal procurement officials, who get clearer authority to use Canadian-content or small-business streams in procurements.
• The amendment notes consultation with domestic industry associations (steel, aluminum, wood, construction) and was developed by Department of Finance Canada.

Why it matters#

• These changes make it harder for foreign or external suppliers to challenge federal Buy Canadian measures at the CITT. That reduces one legal route for contesting procurements that favour Canadian content or small businesses.
• For Canadian businesses, the change provides more certainty that procurement processes can include Canadian-preference rules without being reviewed by the CITT on those points.
• The government says the amendments support the Buy Canadian Policy announced September 5, 2025. The source notes some suppliers might seek other legal routes, which could shift disputes into courts or other forums.
• The rule took effect on December 15, 2025, so it applies to new complaints filed from that date forward (and to unresolved complaints as described).