Canadian medical supply manufacturers and an industry group are urging the federal lobbying commissioner to investigate a former Liberal cabinet minister over pandemic supply contracts.

"We will contact the lobbying commissioner to ask why… companies connected with politicians or past politicians get preferential treatment over Canadian manufacturers," said Barry Hunt, a spokesperson for the Canadian Association of PPE Manufacturers (CAPPEM).

Despite the federal government's "buy Canadian" pledge in March 2020, outreach from CAPPEM members to officials in 2020 and 2021 largely went unanswered, according to Hunt. Consequently, several members hired lobbyists or registered as lobbyists themselves.

Former Deputy Prime Minister Sheila Copps successfully lobbied $2 billion in contracts for Toronto-based BTNX, Canada's main pandemic rapid test supplier, reported the Investigative Journalism Foundation (IJF).

The company was not registered as a client for any lobbyist. 

Vancouver and southern Ontario members of BioLytical, Artron, and CAPPEM informed the IJF that they contacted the commissioner after the National Post revealed Copps arranged meetings for importers with officials. 

Correspondence reveals that Copps quickly secured meetings with Procurement Minister Anita Anand and other senior officials in spring and summer 2020.

A month after facilitating a Health Canada meeting for BTNX, Copps assisted the company's nomination for the Accelerated Growth Service, connecting them with various government agencies to support their multinational growth.

Federal records indicate that BTNX was awarded 15 contracts for 404 million rapid tests in 2021/22, valued at roughly $2 billion. Copps did not land federal contracts for any other business.

She failed to register her 2020 advocacy work for three medical supply companies with the lobbying commissioner, despite her 23 years in public office.

The Lobbying Act requires paid consultant lobbyists to register communications about meetings and contracts with officials. However, a "gap" in the Act exempts employees of non-lobbying firms unless in-house lobbying makes up 20% or more of their work week.

Copps recently posted on social media that she has written confirmation not to register for the Commissioner of Lobbying. Copps did not provide the IJF with a copy of the requested document.

A spokesperson for Bélanger's office declined to confirm correspondence with the IJF on the former minister, citing confidentiality. 

Despite claiming her communications with federal officials were sales-related and not lobbying, Copps' interactions raise concerns about pandemic procurement fairness for rapid test and PPE makers.

Seventeen manufacturers received $16 million in federal grants for scaling up and innovation, unrelated to procurement. Ottawa imported costlier and lower-quality products, distributing them freely and undermining competitors, who laid off over 1,200 workers.

CAPPEM and 15 Canadian PPE makers went on to serve the federal government with a $5.4 billion lawsuit for 'misleading' suppliers on a promise to purchase equipment during the pandemic.

CAPPEM states its members invested $88 million in PPE production after being "enticed," with many also adapting their businesses to produce masks, ventilators, and filtration materials. Talks of a 10-year contract ultimately fizzled out.

A Public Services and Procurement Canada spokesperson stated that contracts were awarded to BTNX and other qualified suppliers by Health Canada and the Public Health Agency of Canada based on their ability to meet technical criteria and delivery timelines. 

Contracts were awarded on merit, and companies might not have received them due to factors like low demand. Canada's auditor general recommended pre-award checks on supplier integrity and financial capacity.

In March 2022, Parliament passed Bill C-10 to allocate $2.5 billion more for COVID-19 test kits, according to Blacklock’s. Health Minister Jean-Yves Duclos informed Parliament the funding was crucial for meeting significant demand.

BTNX faced scrutiny for deleting study samples, raising concerns about false negatives. Consequently, Parliament ceased distributing these tests to provinces and territories.

Health Canada later acknowledged their tests were "less-sensitive" but had no plans to reassess their licensure. Donations of surplus tests were made to non-profits, public institutions, and charities.

By July 2023, Health Canada possessed over 90 million COVID-19 tests, about 39 million of which were surplus, equating to eight tests per Canadian with an 8-12 month shelf life.