British Columbia, Alberta, Saskatchewan and Manitoba comprise the New West Partnership, an economic powerhouse of more than 11 million people with a combined GDP of over $750 billion.

This ambitious agreement represents Canada’s largest interprovincial barrier-free trade and investment market.

Bid Protest Mechanism

The Parties to the New West Partnership Trade Agreement (NWPTA) (British Columbia, Alberta, Saskatchewan, and Manitoba) have entered into an agreement to replace NWPTA’s BPM with a new Bid Protest Mechanism. The BPM entered into force on January 1, 2019.
If a supplier believes that a specific procurement was conducted in a manner that is inconsistent with the obligations of any of the five following agreements, that supplier may use the Bid Protest Mechanism to challenge the decision of the procuring entity:

  1. New West Partnership Trade Agreement (NWPTA)
  2. Canadian Free Trade Agreement (CFTA)
  3. Canada-European Union Comprehensive Economic Trade Agreement (CETA)
  4. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
  5. World Trade Organization Agreement on Government Procurement (WTO GPA)

Each of these Agreements has different requirements for compliance by procuring entities, as well as different thresholds for covered procurements. 

The full text of the new Bid Protest Mechanism includes instructions for initiating the BPM.

Download agreement (PDF) >>

Download frequently asked questions (PDF) >>

Should a complainant choose to proceed through the consultation stage of the Bid Protest Mechanism, the complainant is required to identify five potential Arbiters from the following Roster:

Current Bid Protest Mechanism Arbiter Roster (PDF) >>

The current Bid Protest Mechanism Arbiter and Dispute Resolution Panelist Rates are:

2024 Panelist and Arbiter Remuneration Rates (PDF)>>

Final Arbiters Reports

PMH Insights Inc. and Parkland County, April 5, 2017

Parkland Geotechnical Consulting Ltd. and The City of Red Deer, March 1, 2018

Parkland Geotechnical Consulting Ltd. and The Alberta Infrastructure, April 15, 2019

Parker Johnston Industries Ltd. and The Calgary Board of Education, May 2, 2019

Parker Johnston Industries Ltd. and The Calgary Board of Education, May 6, 2019

West-Can Seal Coating Inc. v. Ministry of Highways and Infrastructure for the Province of Saskatchewan, March 29, 2021
  •  Court of Queen's Bench Ruling: Saskatchewan (Highways) v. West-Can Seal Coating Inc., 2022

Commercial Truck Equipment Corporation v. Beaver Emergency Services Commission, July 29, 2021

Telus Communications Inc. vs. the Government of Alberta, November 29, 2022

JC Williams Inc. vs. Alberta Health Services, June 7, 2024

Copyright 2019