July 18, 2022 | Local, Aerospace, Naval, Land, C4ISR, Security, Other Defence
By Alan Williams In the recent debate over Canada’s troubled defence procurement system some have advocated for the need for more flexible rules to expedite delivery of military equipment. For example, the suggestion has been made that there is a requirement to provide Treasury Board Ministers with the ability to recommend waiving or amending policies to allow military equipment to be purchased to meet urgent requirements. Such action is unnecessary as the government currently has this capability. Under section 513 1 (d) of the Canadian Free Trade Agreement (CFTA), the government can bypass competition and sole source acquisitions when, “if strictly necessary, and for reasons of urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering.” This clause is often used to provide the military with the goods and services it needs during wartime.