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Joint summary of discussions following the first government procurement specialised committee established by the Trade Continuity Agreement (TCA) between Canada and the United Kingdom of Great Britain and Northern Ireland (UK)

February 24, 2022 Ottawa and London (via videoconference)

The first meeting of the United Kingdom-Canada Trade Continuity Agreement (TCA) Government Procurement Specialised Committee took place on 24 February 2022 via videoconference.

1. Opening remarks/introductions

Following introductions and a welcome, both Parties highlighted the high level of ongoing collaboration between the UK and Canada both under this agreement and in the World Trade Organisation's Government Procurement Agreement (WTO GPA). Canada highlighted the importance of these committee meetings in progressing the UK and Canada's shared objectives of open, fair, and transparent procurement.

2. Adoption of the agenda

The agenda was adopted.

3. Adoption of the Rule of Procedure (RoP)

As the UK-CAN Joint Committee (JC) RoP had not yet been finalised, the Parties agreed to adhere to a set of informal general principles for the operation of this Committee meeting. It was agreed that a short summary of discussions would be made available to both parties by the end of the following week.

4. Updates on the implementation of the procurement chapter of the TCA

Update from Canada:

Canada gave a short presentation on the Canadian Space Agency (CSA) and its obligations under the TCA.

Canada explained that the TCA contains Canada's most ambitious FTA obligations in the area of government procurement, including at provincial and sub-central level.

Canada noted that as this was the first time the CSA had undertaken government procurement obligations under an FTA, a 5-year review clause was included to allow Canada to better understand the coverage of the respective space agencies and the effects of covering the CSA. Canada said that it would notify the UK of its decision on future access by the deadline (September 2022).

The UK highlighted the upcoming trade mission showcasing UK space opportunities to Canadian businesses and the MoU signed recently between the UK Space Agency and CSA. The UK also noted that reciprocal access to space agencies is mutually beneficial and highlighted that full access to the UK's agency has always been granted to Canada. The UK emphasised that it would be disappointing if access to the CSA were withdrawn.

Update from UK:

The UK presented an update on the legislation which implements the TCA. The UK explained that the Public Procurement Regulations 2021 requires UK contracting authorities to treat Canadian economic operators no less favourably than UK economic operations.

The UK provided information on the ways that the benefits of FTAs are promoted to UK businesses. The Parties shared their experiences and challenges of promoting FTA benefits to stakeholders.

5. E-procurement portals

Presentation from Canada:

Canada presented its electronic tendering portals, explaining it is currently in the process of transitioning to a single point of access for tenders. A demonstration of the current portal, Buyandsell, was given, including how suppliers can register for notifications about new opportunities.

Canada introduced its new tendering platform, CanadaBuys, which is to be launched in mid-2022. In compliance with the TCA, CanadaBuys will be the single point of access for all public sectors tenders covered by the Agreement. Before the full launch, tenders will be published in parallel on Buyandsell and CanadaBuys to ensure continuity in the transition period and to ensure functionality of the new site before it takes over as the source of truth for procurement tenders.

The UK requested further detail on timelines, website functionality, and spend data. Canada reflected on the challenges of capturing data from all levels of government.

Presentation from UK:

The UK gave a presentation on its procurement portal, Find a Tender, and explained that this is a system for displaying notices, not an end-to-end e-Procurement system. The website is fully accessible, free to use, has no geo-blocking, and was created to replace the EU's Tenders Electronic Daily. The UK further explained that Find a Tender covers the entirety of UK public procurement contracts above threshold in the GPA (including contracts in the Devolved Administrations of Scotland, Wales and Northern Ireland) but does not cover any tenders from before 1 January 2021. The UK gave a demonstration of the website.

6. Updates on domestic procurement policy

Presentation from Canada:

Canada presented actions taken by Public Services and Procurement Canada (PSPC), as part of a whole-of-government approach under the , to safeguard federal procurement supply chains from human rights abuses. 

Key accomplishments to date include:

• Completion of a risk assessment of human trafficking, forced labour and child labour in PSPC's supply chains (May 2021)
• Update of the PSPC Code of Conduct for Procurement to include human and labour rights expectations (August 2021)
• Implementation of anti-forced labour contract clauses (November 2021)
• Launch of a Request for Proposals to map international human rights due diligence and compliance monitoring approaches to procurement (February 2022)

The UK emphasised its interest in this area and agreed that policy experts would reach out to discuss this further via email.

Presentation from UK:

The UK presented a recent green procurement policy measure, highlighting that over £290 billion is spent per year on procurement in the public sector, presenting a significant opportunity to encourage businesses to reduce their emissions.

The UK explained its new policy, introduced in 2021, which requires bidders for major contracts to produce a public carbon reduction plan detailing their UK emissions and commitments to reaching net zero by 2050. The UK clarified that it does not compare suppliers based on the quality of their reduction plans or size of their carbon footprint; it seeks to ensure procuring entities have the full information on emissions impact and future commitments.

7. Closing remarks

The UK and Canada expressed mutual gratitude for the productive and informative meeting.

The UK confirmed its understanding that the TCA remains valid until it is replaced by a new agreement, and committee meetings should continue to be held.