Standing Committee on National Defence: November 28, 2024

Defence Policy update

Date: November 28, 2024

Time: 8:15 to 10:15 am ET

Location: In person

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Opening statement

By The Honourable Jean-Yves Duclos Minister of Public Services and Procurement
Standing Committee on National Defence
November 28, 2024
(Word count: 661)

Opening

Good afternoon, Mr. Chair.

Let me begin by acknowledging that we are gathered on the unceded territory of the Algonquin Anishinaabeg peoples.

With me today are:

I am pleased to appear before you today to participate in the committee’s important work.

Before taking your questions, I will outline the role of my department Public Services and Procurement Canada (PSPC) with respect to defence procurement as well as the current and ongoing work to improve procurement processes.

PSPC supports federal departments and agencies in their daily operations by serving as their central purchasing agent, common service provider, linguistic authority and a number of other roles.

Defence procurement

With respect to defence procurement, PSPC acquires defence and marine goods and services for the Canadian Armed Forces (CAF) and the Department of National Defence, the Canadian Coast Guard and other federal organizations, including Public Safety Canada.

The top priority at PSPC when it comes to defence procurement is always to ensure that members of the Canadian Armed Forces have the equipment they need to successfully protect Canadians and meet international obligations.

But an increasingly volatile global security environment, coupled with more frequent and damaging climate emergencies at home and abroad, demands a faster and more flexible approach to procurement.

Defence procurement review

Earlier this year our government announced the defence policy update: Our North, Strong and Free: A Renewed Vision for Canada’s Defence.

This updated defence policy is accompanied by an additional investment of 8.1 billion dollars over 5 years and 73 billion dollars over 20 years in defence spending.

It also reaffirms our commitment to reviewing Canada’s defence procurement system.

We know that defence procurement can take too long and be an arduous process. We have to be more nimble and efficient.

We have to think differently about defence procurement and in the review we’re asking questions at every stage of the process – from how the Department of National Defence sets requirements right up to how quickly we can deliver new equipment while running open, fair and transparent competitive processes whenever possible.

With that in mind, my department, PSPC, along with National Defence, Innovation, Science and Economic Development Canada and the Treasury Board of Canada Secretariat, are advancing several important streams of work.

We’re reviewing the rules and regulations that govern military procurement, as well as the internal processes used to define requirements and approve projects.

We’re looking for ways to compress timelines for major government acquisitions without sacrificing due diligence, and we are working with our industry partners to change the way we consult with defence industry, to adopt a more strategic approach.

We also want to get smarter about how we invest in innovation, and how we acquire and integrate Canada’s innovations into CAF capabilities.

Of course we will always support Canadian industry to be more globally competitive as new opportunities emerge in a rapidly changing defence market.

And we’re going to collaborate more closely with our allies on how we define requirements, how we develop new equipment and systems that support interoperability and strengthen our shared defence, and how we procure them.

My team at PSPC is currently working with other departments and agencies to review and reform our defence procurement processes so that we can better achieve these goals, and I look forward to being able to announce changes in the months to come.

In the meantime, we continue to advance key defence procurements on a number of fronts and as efficiently as possible.

Closing

Mr. Chair, the work we’re doing to speed up the acquisition of capabilities will help Canada meet evolving threats.

As we ask more and more of our armed forces, we are focussed on making sure they have all that they need to keep Canada safe and secure.

Thank you, and I look forward to working with this Committee.

Defence procurement review

Issue

To support the government’s commitments in Our North, Strong and Free, the government has launched a review of Canada’s defence procurement system.

Notes

Key facts

Key messages

If pressed on the elements of the review:

If pressed on when the government will announce the results of the defence procurement review:

Background

In Our North, Strong and Free the government committed to a number of procurement initiatives, including:

Future Fighter Capability Project

Issue

In December 2017, the Government of Canada launched an open and transparent competition to permanently replace Canada’s fighter fleet with 88 advanced jets—the Future Fighter Capability Project.

Note

Key facts

Key messages

If pressed on delays related to F-35 Block 4 issues:

If pressed on Canadian industry opportunities:

Background

As part of its defence policy, Our North, Strong and Free: A Renewed Vision for Canada’s Defence, the Government of Canada has renewed its commitment to procure 88 advanced fighter jets for the RCAF.

An independent fairness monitor oversaw the entire competitive process to ensure a level playing field for all bidders. An independent third-party reviewer was also engaged to assess the quality and effectiveness of the procurement approach.

On January 9, 2023, the Government of Canada announced that following an open, fair and transparent competition, Canada had finalized an agreement with the United States government and Lockheed Martin with Pratt & Whitney for the acquisition of F-35 fighter jets for the RCAF.

National Shipbuilding Strategy

Issue

The National Shipbuilding Strategy is a long-term commitment to renew the vessel fleets of the Royal Canadian Navy (RCN) and Canadian Coast Guard, create a sustainable marine sector, and generate economic benefits for Canadians.

Notes:

Key facts

Key messages

If pressed on the amount of contracts awarded to Chantier Davie Canada Inc.:

If pressed on the increase in the budget for the joint support ship project:

If pressed on contract amounts:

If pressed on economic benefits:

If pressed on the polar icebreakers:

If pressed on the program icebreakers:

If pressed on the Canadian International Trade Tribunal and federal court challenges to the award of the Canadian Coast Guard Ship (CCGS) Terry Fox vessel life extension contract:

If pressed on the Canadian surface combatant project:

If pressed on the Government of Canada funding infrastructure enhancements at Irving Shipbuilding:

Background

The National Shipbuilding Strategy is a long-term plan to renew the RCN and Canadian Coast Guard fleets. It aims to eliminate the boom and bust cycles of vessel procurement that have slowed Canadian shipbuilding in the past.

In 2011, following a competitive, fair, open and transparent process, the government established long-term strategic relationships for the construction of large vessels with 2 Canadian shipyards: Irving Shipbuilding in Halifax, Nova Scotia, for the construction of combat vessels, and Vancouver Shipyards in British Columbia for the construction of non-combat vessels.

Following successful negotiations, the Government of Canada signed an Umbrella Agreement on April 4, 2023 with Chantier Davie. Chantier Davie will build a polar icebreaker and program icebreakers for the Canadian Coast Guard, and Ferries for Transport Canada.

All Canadian shipyards across the country, except the three strategic shipyards, can compete to win contracts for small vessel construction, whereas all Canadian shipyards can compete for repair, refit and maintenance contracts.

Original budgets for large vessel construction projects were set many years ago and were guided by limited experience and projections. Shipbuilding is highly complex and we continue to build on lessons learned to ensure future project budget and timeline projections are realistic and achievable. We continue to work closely with the shipyards and industry to address ongoing challenges including cost, time estimates and productivity.

The National Shipbuilding Strategy continues to evolve and will be strengthened by the ICE Pact, an enhanced partnership announced in July 2024 between Canada, Finland, and the United States. This collaboration seeks to accelerate polar vessel production, boost the marine industries of all three nations, and enhance technical cooperation and information sharing to meet global demand for icebreakers. For Canada, the ICE Pact presents new opportunities for the shipbuilding sector by leveraging shared expertise and capabilities, while ensuring that Canadian shipyards and supply chains play a key role.

Canadian Multi-Mission Aircraft Project

Issue

Replacement of the CP-140 will support a Canadian Multi-Mission Aircraft capability that is fully operationally ready, interoperable with allies and key partners, and is able to contribute to Canada’s domestic and international commitments by 2030.

Notes

Key facts

Key messages

If pressed on Boeing’s technical challenges with its 737 MAX aircraft and its recent agreement to plead guilty to criminal fraud following fatal crashes in 2018 and 2019:

If pressed on the ongoing machinists strike at Boeing that began on September 13, 2024:

Background

The aim of the CMMA project is to replace the CP-140 Aurora fleet with a new fleet that will provide long-range, long-endurance and multi-mission capability. The current CP-140 Aurora fleet consists of 14 aircraft which were originally procured in 1980 primarily for maritime patrol and anti-submarine warfare. The estimated life expectancy of the CP-140 Aurora fleet is 2030.

Since its acquisition, the aircraft has been used for a variety of operations at home and abroad including surveillance of Canada’s coastal waters, anti-submarine warfare, maritime and overland intelligence, surveillance, strike coordination, disaster relief missions and many other functions. But, as the CP-140 ages, it is becoming increasingly difficult to support, expensive to sustain, and less operationally relevant in comparison to the threats against which it must defend.

Canada’s defence policy update, Our North, Strong and Free, restated Canada’s need and commitment to acquire new maritime patrol aircraft to modernize its contribution to the North American Aerospace Defence Command (NORAD). The updated policy states that “to continue to meet Canada’s defence needs, the RCAF must increase interoperability with its key partners and core allies”. The acquisition of the P-8A Poseidon aligns with this commitment, as all of Canada’s Five Eyes partners operate the aircraft.

Between June and December 2021, Canada contracted the services of a third-party consultant to assess the CMMA requirements. This multi-phased assessment concluded that the P-8A Poseidon is the only readily available military off-the-shelf capability that meets all of CMMA’s requirements.

PSPC, in collaboration with the Department of National Defence and Innovation, Science and Economic Development Canada, has engaged with industry and Canada’s closest allies to determine the best capability to replace the aging CP-140.

Information obtained by Canada demonstrated that the only solution that meets all of the CMMA requirements within the timeframe required to replace the CP-140 fleet by 2030 and avoid an increased capability gap is the Boeing P-8A Poseidon. It should be noted that the P-8A is also owned and operated by all of Canada’s closest defence partners, with over 160 aircraft currently in service around the world.

On November 24, 2023, the Standing Committee on National Defence submitted a report stating that “the committee is of the opinion that the government must proceed by way of a formal Request for Proposals before awarding any procurement contract of the new Canadian Multi‑Mission Aircraft”. The government response was tabled in the House of Commons April 8, 2024.

Arctic and offshore patrol ships costs

Issue

In December 2023, the Department of National Defence responded to a media inquiry regarding the issues and repairs underway on the Arctic and offshore patrol ships (AOPS). As part of this response, 14 ongoing issues were proactively disclosed. These issues continue to draw media attention.

Key facts

Key messages

If pressed on repair costs to fix issues:

If pressed on Our North, Strong and Free: A Renewed Vision for Canada’s Defence:

Background

Recent news articles have noted concerns regarding corrosion, mechanical failure, and severe flooding on AOPS. The government is aware of these ongoing issues and has established a plan to address them.

The technical issues affecting AOPS are being addressed by in-service support contracts for AOPS 1, 2, 3, and 4 which have already been delivered and accepted, and are no longer under warranty. The repair plan for these vessels is underway and costs are not currently available

Canada contracted for shipbuilding warranty periods that are typical for shipbuilding projects. The workmanship warranty period for the AOPS ships is 12 months after delivery. For ships out of the warranty period, the repairs are being conducted under the AOPS and joint support ship in-service support contract. To qualify as a warranty item, deficiencies must be identified prior to the end of the 12-month period post acceptance. The contractor remains responsible to address these issues, even if those repairs are completed after the warranty period.

Canada has worked collaboratively with the shipbuilder, the in-service community and with the members of the RCN to achieve these results.

The AOPS project will deliver 6 vessels to the RCN to conduct sovereignty and surveillance operations in Canada's waters, including the Arctic, as well as a wide variety of operations abroad. The project will also deliver 2 modified AOPS to the CCG to conduct sea-borne surveillance such as fisheries patrols as well as other missions, including emergency response, buoy tending, icebreaking support, and ocean science.

The vessels are able to perform a wide variety of tasks, such as: provide increased presence and conduct surveillance operations throughout Canada’s waters, including in the Arctic; support CAF sovereignty operations; participate in a wide variety of international operations, such as anti-smuggling, anti-piracy or international security and stability; contribute to humanitarian assistance, emergency response and disaster relief domestically or internationally; conduct search and rescue and facilitate communications among other ships; support CAF core missions including capacity building in support of other nations; and support other government departments in their ability to enforce their respective mandates.

Canadian Patrol Submarine Project Request for Information

Issue

PSPC, on behalf of the Department of National Defence (DND), issued a Request for Information (RFI) to industry stakeholders to gain further information on the availability of submarines that are currently in service or in production, and the industry’s capability and capacity to build and deliver up to 12 submarines to Canada.

Key facts

Key messages

If pressed on the RFI:

Background

Through Canada’s defence policy, Our North, Strong and Free, the Government of Canada is providing members of the RCN with the equipment they need to maintain current and future operational readiness.

In addition to the funded initiatives in Our North, Strong and Free, Canada also identified ten capabilities for which options will be explored, including renewing and expanding the RCN’s submarine fleet.

Canada’s key submarine capability requirements will be stealth, lethality, persistence and Arctic deployability – meaning that the submarine must have extended range and endurance.

Canada’s new fleet will need to provide a unique combination of these capabilities to ensure that Canada can detect, track, deter and, if necessary, defeat adversaries in all three of Canada’s oceans while contributing meaningfully alongside allies and enabling the Government of Canada to deploy this fleet abroad in support of our partners and allies.

Long-term sustainment of Canada’s Leopard 2 family of vehicles

Issue

The Department of National Defence has a requirement for the long germ sustainment of the Leopard 2 family of vehicles for a period from contract award, September 12, 2024, to 2036.

Note:

Key facts

Key messages

If pressed on the procurement strategy:

Background

The Leopard 2 family of vehicles was procured to replace the aging Leopard 1-C2 fleet with a modern, heavily protected Main Battle Tank and support variants, to provide a protected, mobile, direct fire capability to the Canadian Army. The procurement was expedited in order to meet an initial Urgent Operational Requirement to support the combat mission in Afghanistan.

Controlled goods exemptions for individuals from sanctioned countries

Issue

On October 28, the department will be tabling the response to the inquiry from Mr. Bezan (Q-2939) (Selkirk—Interlake—Eastman) concerning certificates of exemption from registration under the Controlled Goods Regulations granted to individuals from China, Russia, Iran and North Korea.

Key facts

Key messages

Background

As noted above, temporary workers, visitors and international students who are not Canadian and require access to controlled goods for their work or schooling, may apply for an exemption from registration under the Controlled Goods Regulations.

The Controlled Goods Program (CGP) at PSPC ultimately decides whether to grant or deny an exemption based the security assessments conducted. If granted, exemptions may come with specific conditions, such as limited access to certain controlled goods, restrictions on the duration of access, and additional security measures that employers must implement.

This is just one part of the vetting process for people coming into Canada. PSPC’s security intelligence partners—Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP), [Redacted] conduct their own thorough vetting of individuals before approving their entry into Canada.

While the CGP relies on the assessments performed by these partners, it conducts its own independent checks to ensure comprehensive security evaluations are carried out. A request to the CGP cannot be submitted without a valid work, study, or visit permit. If any conditions are breached or new information emerges that presents a security risk, the CGP reserves the right to revoke the exemption.

Government response to the Standing Committee on National Defence Twelfth Report

Issue

In consultation with other departments, PSPC provided a comprehensive Government-wide response to the Standing Committee on National Defence’s Report 12, A Time for Change: Reforming Defence Procurement in Canada (Twelfth Report), which raised concerns about the overall efficiency and effectiveness of Canada’s defence procurement system.

Key facts

Key messages

If pressed on efforts to advance defence procurement reform:

Background

According to the Twelfth Report, bureaucratic hurdles and the complexity of defence procurement processes, risk aversion and politicization issues, defence procurement personnel shortages, a lack of transparency and accountability, procurement delays, and cost overruns have raised concerns about the overall efficiency and effectiveness of Canada’s defence procurement system.

The Government Response to the Twelfth Report was developed by PSPC, in consultation with the Department of National Defence, the Department of Fisheries and Oceans Canada and the CCG, Innovation, Science and Economic Development Canada, Global Affairs Canada, Justice Canada, the Privy Council Office, Finance Canada, and the Treasury Board of Canada Secretariat and provides a comprehensive Government of Canada-wide response to the Twelfth Report’s 36 recommendations. As all committee recommendations were generally aligned with the government’s policies, the response either agreed with or acknowledged each of them, ensuring alignment of the response with the Government’s ongoing priorities and planned actions.

Standing Committee on National Defence report on defence procurement

Time for change: Reforming defence procurement in Canada

Procurement review in Canada’s defence policy

Speeding Acquisition and Advancing Defence Procurement Reform

Defence procurement takes too long in Canada and needs to be faster and more effective. We will think differently about how we procure equipment, how to better maintain and upgrade it over time, and how to ensure it is optimized to meet the diverse needs of our members. We will also compress the timeline of major acquisitions, to reduce the operational and financial risks of delays and gaps between capabilities being retired and new ones being added.

PSPC, National Defence, Innovation, Science and Economic Development Canada, and the Treasury Board Secretariat have launched a review of our defence procurement system. This includes examining internal processes used by Defence to define requirements and approve projects, and looking at the broader set of rules, regulations and policies that govern military procurement. This effort will clarify mechanisms to facilitate the timely delivery of military equipment, enable increased use of government-to-government arrangements where it makes sense to develop strategic partnerships, and look at how best to leverage existing programs to strategically invest in the domestic capacity needed by the military.

We will think differently about how we procure with our allies. Like Canada, they are rethinking how to speed up the acquisition of capabilities to meet quickly evolving threats. They are also supporting defence industrial initiatives and strategies to build resilient supply chains, incentivize private industry to scale up or open new production lines, secure sources of supply, and roll out domestic workforce and acquisition strategies that invigorate their economies.

Canada will pursue increased economic opportunities as part of newly forming defence trade arrangements among trusted partners. Our privileged access to allied defence, research and innovation sectors supports good jobs and economic growth for Canadians. For example, thanks to our trusted status, every one of the more than 3000 F-35 fighter jets sold by the United States to its partners around the world will contain parts made in Canada by Canadian workers. By leveraging our world-leading capacity for invention and innovation, Canada will pursue collaborative development of new weapons and systems that will support interoperability, and ultimately strengthen our collective defence.

We have a global reputation as a hub for innovative research and the development of cutting-edge capabilities vital to the future of military operations. This will be boosted with NATO's Defence Innovation Accelerator for the North Atlantic, which is establishing a North American Regional Office in Halifax. We will capitalize on our strengths and develop new ones, including in areas such as avionics, satellite technologies, sensors, computing, command and control, secure communications, and munitions. The integration of emerging technologies, including AI, will be informed by Gender-Based Analysis (GBA) Plus considerations. Government investment in these areas will help keep our technology at the leading edge and position our industry as a strategic resource to our international partners.

Personal information and cyber security

Issue

PSPC has procedures in place when awarding contracts to ensure the protection of personal information and to mitigate the impacts of any potential breaches.

Key messages

Background

PSPC’s Contract Security Program provides the security clauses to address security requirements identified by client departments at the time of contract award.

BGRS/SIRVA privacy breach

This breach involved unauthorized access to personal information held by BGRS and SIRVA Canada LP, who offer relocation services to the Government of Canada. It affected a significant number of current and former employees, members of the CAF and RCMP members and personnel. The breached information could belong to anyone who had used relocation services as early as 1999. The personal information was subsequently leaked on the dark web, raising the potential of identity theft and concerns about data security within third-party contractors.

In both its role as contracting authority and user of the services for its own employees, PSPC implemented a breach response protocol and collaborated with the Treasury Board of Canada Secretariat (TBS) and other impacted departments. Potentially affected employees were notified, and credit monitoring services were offered to current and former employees.

Cyber incident at MSH International

On February 9, 2024, a ransomware breach was discovered by MSH and resulted in operations being paused immediately. This breach involved unauthorized access to sensitive personal information held by MSH International’s systems. MSH is the subcontractor to Canada Life that provides emergency travel and comprehensive coverage services to members of the Public Service Health Care Plan (PSHCP) who are posted abroad or travelling, including CAF personnel. This raised the potential for identity theft and concerns about data security within third-party contractors.

In both its role as contracting authority and client (employees using emergency travel services), PSPC implemented a breach response protocol and collaborated with TBS.

MSH claims processing operations resumed on February 26, 2024, when the situation was under control. Both Canada and Canada Life were assured that the servers were cleansed. MSH has informed affected members. It was later confirmed that PSPC employees were not affected, so the department’s involvement in the breach response was limited to contract administration activity.

Office of Supplier Integrity and Compliance

Issue

The Office of Supplier Integrity and Compliance supports the government’s ability to identify suppliers of concern and take appropriate action to mitigate the risk they pose.

Key facts

Key messages

Background

The Office of Supplier Integrity and Compliance (OSIC) replaces the Government of Canada’s Integrity Regime which was in place since 2015 as a government-wide policy-based debarment system designed to further protect the integrity of federal contracts and real property transactions.

The new office will continue to play a significant role in safeguarding the federal procurement and real property systems, which encompasses approximately $20 billion annually for procurement contracts, real property agreements, the management of Crown-owned properties, and rental payments on 1,690 lease contracts across Canada.

The new office provides an opportunity to modernize the Government of Canada’s debarment and suspension program and further strengthen its use of data analytics to identify potential instances of fraud and wrongdoing and better leverage intelligence relevant to assessing the integrity of vendors within government contracts and real property agreements.

Triggers for suspension or debarment under the policy include offences under the Criminal Code, the Financial Administration Act, the Corruption of Foreign Public Officials Act, the Canada Elections Act, and more – as well as similar offences that occur in other jurisdictions.

The office is also empowered to take action pursuant to the policy if it finds that contracting with a supplier may bring the federal procurement into disrepute or otherwise be contrary to Canadian public policy.

To detect and address wrongdoing, the office monitors current events for allegations of supplier misconduct through research, information sharing, and data analytics. OSIC will continue to exercise due diligence in assessing potential suppliers to the Government of Canada and is prepared to take action when the policy is triggered in order to protect and uphold the integrity of the federal procurement system.

Additional information about the new office and the revised Ineligibility and Suspension Policy is available on the OSIC website.

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