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  • NWPTA | FAQs | Dispute Resolution
    person initiates a formal complaint by writing a province to ask that province to initiate consultations on their behalf with the other province responsible for the alleged breach of the obligations under the NWPTA The requested province will determine within 21 days of a person s request if they will request consultations on the person s behalf If the province does not formally respond to the person within that time the answer is deemed to be a refusal of the person s request Where a person believes that the issue being complained about is inconsistent with both the Agreement on Internal Trade AIT a trade agreement among the federal government 10 provinces and two territories and the NWPTA the person must choose which agreement to make the complaint under and once chosen the person will have no recourse to the other agreement for the same complaint If a province does not agree to take a person s complaint forward what recourse does the person have If a province decides not to pursue a complaint on behalf of a person the person has the ability to take forward the complaint on their own To do this the person must write to the province responsible for the alleged breach see provincial contacts below and request consultations with that provincial government to resolve the matter This must be done within six months of when the person was informed or should have been informed by the requested province that it would not take the case forward on the person s behalf If a province has not rejected the person s complaint within 21 days the person must act on its own behalf within six months of the end of the 21 day period What are consultations Consultations are a series of discussions which can involve sharing information Consultations are intended to provide the opportunity for both sides of a complaint to fully discuss the issue at hand with the goal of reaching a mutually satisfactory resolution thereby negating the need to convene a panel What is the next step if consultations are unsuccessful If a mutually satisfactory resolution cannot be achieved through consultations either the person or province can request the establishment of a dispute resolution panel A person will be required to acknowledge in writing that the person accepts the process and its terms including the responsibility for costs associated with dispute resolution proceedings Are there any costs associated with the process that a person would be required to pay A person is required to pay all direct costs of their own participation in the panel process including but not limited to travel and accommodation personnel legal counsel and other administrative costs The panel may prior to the panel hearing being held request that a person provide a deposit to cover the person s portion of the estimated costs of the panel and the panel proceedings These costs would normally include the per diem costs of the panel members and their travel expenses

    Original URL path: http://www.newwestpartnershiptrade.ca/faq_dispute_resolution.asp (2016-02-14)
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  • NWPTA | Dispute Resolution
    construction Crown corporations government owned commercial enterprises and other entities that are owned or controlled by British Columbia Alberta and Saskatchewan 25 000 or greater for goods 100 000 or greater for services 100 000 or greater for construction Regional local district or other forms of municipal government school boards publicly funded academic health and social service entities as well as any corporation or entity owned or controlled by one or more of the preceding entities 75 000 or greater for goods 75 000 or greater for services 200 000 or greater for construction What are some of the exceptions Procurement for or from Aboriginal peoples from not for profit organizations or from persons with disabilities in emergency situations where it can be demonstrated only one business can meet requirements of goods intended for resale to the public of health services and social services What are some differences between the bid protest mechanism and the general NWTPA dispute resolution mechanism Bid protest mechanism applies to specific procurements while the dispute resolution mechanism applies to all other complaints under the NWPTA Bid protest mechanism is much faster about 75 days to reach decision versus at least six months for the dispute resolution mechanism Bid protest mechanism uses written submissions only versus written and oral submissions in the dispute resolution mechanism Bid protest mechanism uses a single arbiter versus a three person panel in the dispute resolution mechanism Bid protest mechanism allows an arbiter to make a cost award to cover the cost of the arbitration up to 50 000 as well as a recoupment award up to 50 000 to help a successful complainant recoup the costs spent in preparing a bid for the specific procurement in question The dispute resolution mechanism allows for cost awards as well as a monetary penalty of up to 5 000 000 When and how is a complaint to be filed If a supplier wishes to file a complaint the supplier must do so within 10 calendar days after the day the supplier first knew or reasonably should have known that a procurement was inconsistent with a procuring entity s obligations under the NWPTA The complaint is initiated by sending a written request for consultations to the procuring entity responsible for the procurement in question with a copy to the NWPTA administrator The request must include a summary of the supplier s complaint The government entity and the supplier then have 20 days following delivery of the supplier s request in which to resolve the issue through consultations If the complaint is not resolved through consultations the supplier has 14 days following the conclusion of the consultations to deliver a written request to the NWPTA administrator for the appointment of an arbiter to rule on the issue see Article 37 4 of the NWPTA for more details on what must be included in an arbitration request Is use of the bid protest mechanism mandatory No A supplier may use either the dispute mechanism available under

    Original URL path: http://www.newwestpartnershiptrade.ca/bid_protest_mechanism_FAQs.asp (2016-02-14)
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  • NWPTA | Contact Us
    media enquiries Phone 250 356 8177 Government of Alberta Trade Policy Alberta International and Intergovernmental Relations Phone 780 422 1510 E mail nwpta gov ab ca For media enquiries Phone 780 644 5391 Government of Saskatchewan Executive Council Intergovernmental Affairs Trade Policy Phone 306 787 2172 E mail nwptrade gov sk ca The NWPTA Administrator To assist British Columbia Alberta and Saskatchewan in implementing the NWPTA a NWPTA Administrator has

    Original URL path: http://www.newwestpartnershiptrade.ca/contact_us.asp (2016-02-14)
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  • NWPTA | Copyright & Disclaimer
    to materials from external websites that are linked to this website It is the sole responsibility of the user to ensure that the user obtains any and all necessary permissions for the use of any such materials whether in a non commercial or a commercial context Commercial Use If the material on this website is to be used reproduced stored or transmitted for commercial purposes the prior written consent of the Governments of British Columbia Alberta and Saskatchewan is required To request permission please contact the persons listed above Disclaimer This website and all materials on this website are provided as is without warranty of any kind whether express or implied To the fullest extent possible under applicable law the Governments of British Columbia Alberta and Saskatchewan expressly disclaim all warranties and conditions including without limitation implied warranties or conditions of merchantability fitness for a particular purpose non infringement or other violation of rights The Governments of British Columbia Alberta and Saskatchewan do not warrant or make any representations regarding the use accuracy timelines applicability performance security availability or reliability of this website or any websites linked to this website or the results from the use of this website or otherwise respecting the materials on this website or any websites linked to this website Users are solely responsible for carefully examining the information and disclaimers on this website and any websites linked to this website to ensure to the users satisfaction that the material and information is accurate reliable correct and suitable for the users purpose Limitation of Liability Under no circumstances including without limitation negligence shall the Governments of British Columbia Alberta and Saskatchewan be liable for any direct indirect special punitive incidental consequential or other damages arising out of the use of or the inability to use this

    Original URL path: http://www.newwestpartnershiptrade.ca/copyright_disclaimer.asp (2016-02-14)
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  • NWPTA | Dispute Resolution
    then have up to 20 days to consult with a view to arriving at a mutually satisfactory resolution of the complaint If consultations do not resolve the complaint the supplier may within 14 days of the end of consultations write to request the appointment of an independent arbiter to adjudicate its complaint If the supplier does not act within the 14 days it forfeits its right to proceed further under the bid protest mechanism The supplier s written request must detail the factual grounds of its complaint along with any supporting documentation the alleged violation of the NWPTA and the remedy sought by the supplier The request must also include the signed consent form in Schedule 7 and a financial deposit which represents an advance on the costs of the arbitration process that the supplier may be required to pay should the arbiter rule against the supplier The procuring entity then submits its written response within 14 days of the supplier s letter The arbiter adjudicates the matter based solely on the written statements presented by both parties to the complaint In normal circumstances the arbiter issues a final report within 10 days of the last submission The arbiter s

    Original URL path: http://www.newwestpartnershiptrade.ca/bid_protest_mechanism.asp (2016-02-14)
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  • NWPTA | Dispute Resolution
    impartial arbitral panel which makes a binding decision on the matter In order to exhaust all reasonable means to avoid a dispute and where a dispute falls within the jurisdiction of a regulatory body with an established dispute resolution process that process must be used before accessing the procedures set out in Part IV A of the NWPTA To reduce the likelihood of frivolous complaints the dispute panel may charge up to the full costs of a dispute resolution process to losing complainants In addition only one complaint on any particular matter can be considered at a time thereby allowing a situation to be corrected and reducing the need for further complaints To ensure impartiality when a dispute resolution panel is established neither the complainant nor the responding Party may choose a panellist from their own Party s roster of Panellists The two panellists then choose a third person from the list of any Party to act as the chair of the panel The NWPTA allows any Party with an interest in the dispute to participate in the proceedings as an intervenor A monetary penalty can only be imposed by a panel against a Party after the three stages listed

    Original URL path: http://www.newwestpartnershiptrade.ca/dispute_resolution_mechanism.asp (2016-02-14)
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  • NWPTA | Dispute Resolution
    consultations on their behalf with the other province responsible for the alleged breach of the obligations under the NWPTA The form provided in Schedule 1 must be used for such a request The requested province will determine within 21 days of a person s request if they will request consultations on the person s behalf If the province does not formally respond to the person within that time the answer is deemed to be a refusal of the person s request Where a person believes that the issue being complained about is inconsistent with both the Agreement on Internal Trade AIT a trade agreement among the federal government 10 provinces and two territories and the NWPTA the person must choose which agreement to make the complaint under and once chosen the person will have no recourse to the other agreement for the same complaint If a province does not agree to take a person s complaint forward what recourse does the person have If a province decides not to pursue a complaint on behalf of a person the person has the ability to take forward the complaint on their own To do this the person must write to the province responsible for the alleged breach see provincial contacts below and request consultations with that provincial government to resolve the matter The form provided in Schedule 2 must be used for such a request and copied to the administrator What are consultations Consultations are a series of discussions which can involve sharing information Consultations are intended to provide the opportunity for both sides of a complaint to fully discuss the issue at hand with the goal of reaching a mutually satisfactory resolution thereby negating the need to convene a panel What is the next step if consultations are unsuccessful If a mutually satisfactory resolution cannot be achieved through consultations either consultant can request the establishment of a dispute resolution panel A person will be required to acknowledge in writing that the person accepts the process and its terms including the responsibility for costs associated with dispute resolution proceedings Are there any costs associated with the process that a person would be required to pay A person is required to pay all direct costs of their own participation in the panel process including but not limited to travel and accommodation personnel legal counsel and other administrative costs The panel may prior to the panel hearing being held request that a person provide a deposit to cover the person s portion of the estimated costs of the panel and the panel proceedings These costs would normally include the per diem costs of the panel members and their travel expenses to and from the hearing as well as the costs for hearing facilities equipment transcription services and other costs directly associated with the hearing The panel will use its discretion in apportioning the costs between the disputants for the establishment and operation of the panel This decision will be largely guided by the principle

    Original URL path: http://www.newwestpartnershiptrade.ca/dispute_resolution_mechanism_FAQs.asp (2016-02-14)
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  • NWPTA | Dispute Resolution | B.C. Appointees
    John Primarily involved in corporate commercial real and personal property law with a focus on commercial litigation Holds a Bachelor of Arts Honours from McMaster University and a Bachelor of Laws from the University of Victoria Robin Junger Lawyer and partner at Macmillan Served in a number of senior roles in the British Columbia government including Deputy Minister of Energy Mines and Petroleum Resources Associate Deputy Minister responsible for the BC Environmental Assessment Office Chair of the BC Oil and Gas Commission and Chief Provincial Treaty Negotiator Holds a Bachelor of Arts from the University of Calgary a Juris Doctor from the University of British Columbia and a Master of Laws from Harvard University Carl Kuhnke Executive Director of Intelligent Transportation Systems Society of Canada Former Regional Director of Business Development for the Vancouver Coastal Health Authority Holds a Bachelor of Science and a Master of Business Administration from the University of Alberta R Lorne Seitz Consultant providing services related to organizational development and management public private partnerships land issues and land policy Former Deputy Minister in the British Columbia government serving in several portfolios including Agriculture Fisheries and Food and International Business and Immigration Jeffrey Thomas Partner with Borden

    Original URL path: http://www.newwestpartnershiptrade.ca/dispute_bc.asp (2016-02-14)
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