EU Businesses: Leveraging CETA For Public Procurement Opportunities In Canada.pdf

## EU Businesses and Public Procurement Opportunities in Canada under CETA: A Practical Guide

This guide outlines how European Union (EU) businesses can leverage their advantages in Canadian public procurement under the Comprehensive Economic and Trade Agreement (CETA).

Key Takeaways:

- CETA Coverage: The CETA requires Canadian federal and sub-central governments (provinces, territories, and municipalities) to treat EU suppliers fairly and transparently in many types of public procurement.

- Covered Procurements: A procurement is "covered" under CETA if:
1. It's undertaken by a government entity listed in the agreement.
2. The value meets or exceeds specified thresholds (varies by category).
3. It's not explicitly excluded from CETA coverage.

- Determining Coverage: EU suppliers need to assess three key factors for each procurement opportunity:
- Is the procuring entity subject to CETA?
- Are the goods/services being procured covered under CETA?
- Does the procurement value meet or exceed minimum thresholds?

- Procuring Entities: Virtually all Canadian government entities are subject to CETA, including departments, agencies, municipalities, Crown corporations, and publicly funded institutions. A few specific exclusions exist (e.g., Alberta Office of the Auditor General, Ontario Power Generation).

- Good and Service Coverage: As a general rule, all goods and services are covered under CETA unless explicitly excluded. Exclusions include land acquisition, grants, loans, public employment contracts, and certain international aid. EU suppliers should consult relevant Annexes in Canada's market access schedule for detailed lists of covered and excluded goods and services.

Steps for EU Businesses:

1. Identify Potential Opportunities: Research Canadian government procurement portals (e.g., Buy & Sell with the Government of Canada) to find relevant tenders.

2. Assess CETA Coverage:

- Verify if the procuring entity is listed in CETA-covered entities tables.
- Determine if the goods/services align with covered categories.
- Check if the procurement value meets or exceeds thresholds.

3. Understand Exclusions: Review relevant Annexes to identify any specific exclusions that might apply to the goods, services, or the procuring entity.
4. Prepare a Competitive Bid: If CETA coverage and exclusions allow participation, prepare a strong proposal demonstrating your company's capabilities and value proposition.