Canadian International Trade Tribunal Procurement Inquiry Regulations

10 (1) The Tribunal shall dismiss a complaint if,

• (a) after taking into consideration the Act, these Regulations and the provisions in respect of procurement of any applicable trade agreement, the Tribunal determines that the complaint has no valid basis;

• (b) the Tribunal determines that one of the conditions set out in paragraphs 7(1)(a) to (d) has not been met;

• (c) the complaint is not filed within the time limits set out in these Regulations or in any rules made pursuant to subsection 39(1) of the Act; or

• (d) the complainant has failed to file any information required by the Tribunal.

(2) The Tribunal shall order the dismissal of a complaint in respect of which a national security exception set out in the applicable trade agreement has been properly invoked by the relevant government institution.

(3) The national security exception is properly invoked when an assistant deputy minister, or a person of equivalent rank, who is responsible for awarding the designated contract has signed a letter approving that the national security exception be invoked and the letter is dated prior to the day on which the designated contract is awarded.