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23 Can. Bus. L.J. 107 (1994)
On Procurement, Protectionism and Protests: A Survey among Canadian Procurement Officers

handle is hein.journals/canadbus23 and id is 133 raw text is: ON PROCUREMENT, PROTECTIONISM AND PROTESTS: A SURVEY AMONG CANADIAN PROCUREMENT OFFICERS Arie Reich * I. INTRODUCTION Protectionist procurement policies are one of the more pervasive non-tariff barriers to international trade.1 An important step towards liberalization of the large market for government contracts was taken in 1979 in the multilateral Agreement on Government Procurement (the Code),2 negotiated under the auspices of the GATT Tokyo Round. More recently, under the Canada-U.S. Free Trade Agreement (FTA),3 the parties agreed to expand the Code's coverage and to improve its proce- dures with regard to Canada-U.S. bilateral trade. As a result, new procedures were introduced in the Canadian government's procurement system, and a new bid-protest tribunal - the Procurement Review Board of Canada (PRB) - was estab- lished to supervise the new regime. This article presents the results of a survey conducted in early 1991 among procurement officers of the Department of Supply and Services (DSS) in order to study the implementation of the new regime. The survey explores the feelings and opinions of the LL.B. (Israel), LL.M. (Canada). Lecturer in Law, Bar Ilan University, Israel. This article is based on a survey conducted with the assistance of the Department of Supply and Services. The author wishes to thank Professor Rosemary Gartner, Professor Michael Trebilcock and Professor Jacob Ziegel, all of the University of Toronto Faculty of Law, for their support and valuable comments. The views and conclusions expressed in this article are solely those of the author. 1 See R.E. Baldwin, Non-TariffDistortions of International Trade (Washington, D.C., The Brookings Institute, 1970), p. 58; and E. McGovern, International Trade Regulation (Exeter, Globefield Press, 1986), p. 204. 2The Code has been published in GATT Basic Instruments, Supplements and Documents (BISD), 26th Suppl., p. 33; and in (1979), 18 Int'l Legal Materials 10523. The Code was amended in 1987; See BISD, 34th Suppl., p. 12. 3 The Canada-U.S. Free Trade Agreement, signed on December 12, 1987, is reprinted in Canada-U.S. Free Trade Agreement Implementation Act, S.C. 1988, c. 65, and in (1988), 27 Int'i Legal Materials 281.

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