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Under section 29 of the Procurement Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the General Regulation - Procurement Act.

1

INTERPRETATION

Definitions

2The following definitions apply in this Regulation.

“Act” means the Procurement Act.(Loi)

“Atlantic supplier” means a supplier that has a place of business in the Atlantic Provinces.(fournisseur de l’Atlantique)

“Canadian good” means a good produced exclusively from domestic materials, a good manufactured in Canada or a good that, if exported outside Canada, would qualify as a good of Canada under applicable rules of origin.(bien canadien)

“Canadian service” means a service performed in Canada by (service canadien)

(a) an individual who is a resident of a province or territory of Canada, or

(b) an enterprise constituted, established or organized under the law of Canada or the law of a province or territory of Canada.

“Canadian supplier” means a supplier that has a place of business in Canada.(fournisseur canadien)

“Canadian value-added” means Canadian value-added as defined in Article 518 of the Agreement on Internal Trade.(valeur ajoutée canadienne)

“competitive bidding process” means a procurement method used to acquire goods and services through a solicitation for bid submissions that is open to more than one supplier and includes, but is not limited to, an invitation to tender, a request for proposals and a reverse auction.(appel à la concurrence )

“estimated value” means the estimated maximum total value of a procurement contract or, in the case of a standing offer agreement, the estimated maximum total value of all procurement contracts anticipated under the agreement for its original duration, and includes transportation costs, tariffs, duties, installation costs, premiums, fees, commissions, interest and any other costs incidental to the purchase of the goods or services, but does not include taxes.(valeur estimée)

“informal quote” means a request from one or more sources for pricing on specific goods or services without a solicitation for bid submissions and that is not binding on either party. (demande de prix )

“limited competitive bidding” means a competitive bidding process that is limited in some aspect when bid submissions are solicited.(appel à la concurrence restreinte)

“New Brunswick manufacturer” means a manufacturer of goods that has a place of business in New Brunswick.(fabricant néo-brunswickois )

“New Brunswick supplier” means a New Brunswick manufacturer or a New Brunswick vendor.(aspirant-fournisseur néo-brunswickois)

“New Brunswick vendor” means a vendor of goods or services that has a place of business in New Brunswick.(vendeur néo-brunswickois)

“open competitive bidding process” means a competitive bidding process in which bid submissions are solicited by public advertisement and that is open to all interested suppliers.(appel à la concurrence ouverte)

“place of business” means an establishment where a vendor or manufacturer regularly conducts its activities on a permanent basis, is clearly identified by name and is accessible during normal business hours.(place d’affaires)

“procuring entity” means(entité acquéresse)

(a) in the case of a Schedule A entity, the Minister or, if the Act and this Regulation authorizes a Schedule A entity to procure its own goods and services, the Schedule A entity, or

(b) in the case of a Schedule B entity, the Schedule B entity regardless of whether the procurement is a joint procurement or the Minister procures on its behalf.

“SDRs” means special drawing rights, a unit of exchange created and maintained by the International Monetary Fund.(DTS)

“standing offer agreement” means a procurement contract with a supplier by which a procuring entity agrees to buy goods or services, when needed, from the supplier for a period specified in the contract and the contract includes all terms applicable to the procurement, including the cost of the good or service and delivery requirements. (marché à commandes)

Competitive bidding process

3A competitive bidding process may be done in different stages and using different processes, that may or may not bind the parties, if to do so would enable the procuring entity to better identify the subject of the procurement and would enable prospective suppliers to determine if they wish to participate in the competitive process.

Mixed procurement of goods and services

4When both goods and services are to be obtained by a procurement process, the procurement shall be treated as one of the following:

(a) a procurement for services, if the estimated value of the services to be obtained is greater than the estimated value of the goods to be obtained; or

(b) a procurement for goods, if the estimated value of the goods to be obtained is greater than the estimated value of the services to be obtained.

Estimated value - international trade agreements

5When an international trade agreement applies to the procurement of a good or service, the value of any optional renewals of the procurement contract shall be included when calculating the estimated value of the procurement contract.

2

PROCUREMENT FOR SCHEDULE A ENTITIES

A

Rules for Procurement

Appropriate authorizations

6A Schedule A entity shall ensure that appropriate authorizations are obtained before beginning a procurement process, regardless of whether the procurement is done through the Minister.

Standing offer agreement

7A Schedule A entity for which a standing offer agreement has been entered into by the Minister shall obtain the goods or services for which the agreement has been entered into through that agreement unless

(a) the agreement provides for exceptions, or

(b) the Act or this Regulation provides otherwise.

Printing services

8A Schedule A entity shall obtain printing services through Service New Brunswick’s Print Centre, regardless of the estimated value of the service, unless the Act or this Regulation provides otherwise.

2015, c.44, s.104

Translation and interpretation services

9(1)A Schedule A entity shall obtain translation and interpretation services through the Translation Bureau of Service New Brunswick, regardless of the estimated value of the service, unless the Act or this Regulation provides otherwise.

9(2)Subsection (1) applies only with respect to translation and interpretation between the Province’s official languages.

9(3)Subsection (1) does not apply to the following Schedule A entities:

(a) Regional Health Authority A; and

(b) Regional Health Authority B.

2015, c.44, s.104; 2015-65

Information technology services

2015-65

9.1(1)A Schedule A entity shall obtain information technology services through Service New Brunswick, regardless of the estimated value of the service, unless the Act or this Regulation provides otherwise.

9.1(2)Subsection (1) does not apply to the following Schedule A entities:

(a) Elections New Brunswick;

(b) the Labour and Employment Board;

(c) the Language Training Centre;

(d) the Legislative Assembly;

(e) the Office of the Auditor General;

(f) the Office of the Lieutenant-Governor; and

(g) the Office of the Leader of the Opposition.

2015-65

Information technology goods

2015-65

9.2(1)A Schedule A entity shall obtain information technology goods through Service New Brunswick, regardless of the value of the goods, unless the Act or this Regulation provides otherwise.

9.2(2)Subsection (1) does not apply to the following Schedule A entities:

(a) Elections New Brunswick;

(b) the Labour and Employment Board;

(c) the Language Training Centre;

(d) the Legislative Assembly;

(e) the Office of the Auditor General;

(f) the Office of the Leader of the Opposition; and

(g) the Office of the Lieutenant-Governor.

2015-65

Goods from Central Stores

10With respect to goods stocked by the Central Stores Section of Service New Brunswick, a Schedule A entity shall obtain those goods from Central Stores, unless the Act or this Regulation provides otherwise.

2015, c.44, s.104

Goods procured by the Minister

11Despite any other provision of this Regulation, when the Minister procures the following goods, the Minister is not required to procure them through a competitive bidding process if their estimated value is less than $10,000:

(a) gifts and mementos for visiting dignitaries; and

(b) goods required in conjunction with visits by the Royal Family and heads of state.

Exemption from procuring through the Minister

12(1)A Schedule A entity is exempt from procuring goods or services through the Minister in the following circumstances:

(a) when the goods have an estimated value of $1,500 or less; or

(b) when the service has an estimated value of $10,000 or less.

12(2)Before a Schedule A entity procures goods or services under subsection (1), it shall obtain informal quotes from prospective suppliers if it is practicable to do so.

12(3)If a Schedule A entity requests the Minister to procure goods or services referred to in subsection (1), before procuring those goods or services, the Minister shall obtain informal quotes from prospective suppliers if it is practicable to do so.

12(4)The exemption in subsection (1) does not apply to a good or service to which section 7, 8, 9, 9.1, 9.2 or 10 applies.

12(5)The exemption in subsection (1) does not apply to the following Schedule A entities:

(a) Regional Health Authority A; and

(b) Regional Health Authority B.

2015-65

Procuring goods valued below trade agreement thresholds

13When procuring goods on behalf of a Schedule A entity that have an estimated value that is greater than $1,500 and not greater than the lowest applicable threshold value of any relevant trade agreements, but less than $25,000, the Minister shall use one of the following procurement methods:

(a) a limited competitive bidding process;

(b) an open competitive bidding process; or

(c) mutual agreement, if it is permitted by this Regulation.

Procuring goods valued below trade agreement thresholds for specified Schedule A entities

2015-65

13.1(1)Despite any other provision of this Regulation, when procuring goods on behalf of a Schedule A entity listed in subsection (2), the Minister is not required to procure them through a competitive bidding process if the goods have an estimated value that is less than $25,000 or the lowest applicable threshold value of any relevant trade agreements, whichever is lesser.

13.1(2)Subsection (1) applies to the following Schedule A entities:

(a) Regional Health Authority A; and

(b) Regional Health Authority B.

2015-65

Procuring goods valued above exemption limits and below trade agreement thresholds for specified Schedule A entities

2015-65

13.2(1)Despite any other provision of this Regulation, when procuring goods on behalf of a Schedule A entity listed in subsection (2), the Minister is not required to procure them through a competitive bidding process if the goods have an estimated value that is greater than $1,500 and less than the lesser of $25,000 and the lowest applicable threshold value of any relevant trade agreements.

13.2(2)Subsection (1) applies to the following Schedule A entities:

(a) Opportunities New Brunswick; and

(b) the Regional Development Corporation.

2015-65

Procuring services valued below trade agreement thresholds

14When procuring services on behalf of a Schedule A entity that have an estimated value that is greater than $10,000 and not greater than the lowest applicable threshold value of any relevant trade agreements, but less than $50,000, the Minister shall use one of the following procurement methods:

(a) a limited competitive bidding process;

(b) an open competitive bidding process; or

(c) mutual agreement, if it is permitted by this Regulation.

Procuring services valued below trade agreement thresholds for specified Schedule A entities

2015-65

14.1(1) Despite any other provision of this Regulation, when procuring services on behalf of a Schedule A entity listed in subsection (2), the Minister is not required to procure them through a competitive bidding process if the services have an estimated value that is less than $50,000 or the lowest applicable threshold value of any relevant trade agreements, whichever is lesser.

14.1(2)Subsection (1) applies to the following Schedule A entities:

(a) Regional Health Authority A; and

(b) Regional Health Authority B.

2015-65

Procuring services valued above exemption limits and below trade agreement thresholds for specified Schedule A entities

2015-65

14.2(1) Despite any other provision of this Regulation, when procuring services on behalf of a Schedule A entity listed in subsection (2), the Minister is not required to procure them through a competitive bidding process if the services have an estimated value that is greater than $10,000 and less than the lesser of $50,000 and the lowest applicable threshold value of any relevant trade agreements.

14.2(2)Subsection (1) applies to the following Schedule A entities:

(a) Opportunities New Brunswick; and

(b) the Regional Development Corporation.

2015-65

Limited competitive bidding

15When a limited competitive bidding process is used in accordance with section 13 or 14, the process, if possible, shall be limited to prospective New Brunswick suppliers.

Procuring goods and services valued above trade agreement thresholds

16When the Minister, on behalf of a Schedule A entity, procures goods or services that have an estimated value above the threshold values referred to in section 13, 13.1, 13.2, 14, 14.1 or 14.2, the goods or services shall be procured through an open competitive bidding process unless an alternative procurement method is authorized in the circumstances by this Regulation.

2015-65

No bid submissions

17If no bid submissions are received in response to a competitive bid solicitation under section 13, 14 or 16, the Minister may use any procurement method authorized by this Regulation if the procurement method is not used to avoid competition among prospective suppliers or in order to discriminate against a prospective supplier.

B

Exemptions - General Provisions

Application

18The exemptions in sections 20 to 32 apply to the procurement of the following goods and services, unless the applicable section provides otherwise:

(a) goods that have an estimated value of less than $10,000; and

(b) services that have an estimated value of less than $50,000.

Schedule A entity may procure through the Minister

19The Minister may procure goods and services listed in sections 20 to 32 for a Schedule A entity and the Minister is not required to procure those goods and services through a competitive bidding process.

Exemptions for all Schedule A entities

20A Schedule A entity is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) books, if the Schedule A entity has its own librarian or specialized books are bought with special discounts;

(b) magazines, periodicals, newspapers, compact discs, CD-ROMS and other similar prerecorded media, recordings, recorded tapes, films, film strips and printed test materials;

(c) gasoline, oil, running repairs and maintenance required during normal operation of government-owned vehicles that have a credit card supplied by the Schedule A entity or the Department of Transportation and Infrastructure;

(d) repairs to government vehicles, when both parts and labour are included;

(e) gasoline, diesel fuel and heating oil, if the quantity purchased is too small to take advantage of delivery under contracts, up to a limit of 500 litres weekly;

(f) goods for projects financed on a cost-shared basis between the federal and provincial governments and purchased according to federal government regulations;

(g) groceries and meals for firefighting crews and highway work crews; and

(h) despite section 18, laboratory services procured from the New Brunswick Research and Productivity Council, regardless of their estimated value.

2017, c.3, s.31

C

Special Exemptions for Schedule A entities

Department of Agriculture, Aquaculture and Fisheries

21The Department of Agriculture, Aquaculture and Fisheries is exempt from procuring the following goods through the Minister and is not required to procure them through a competitive bidding process:

(a) pharmaceuticals for use by the Veterinary Laboratory and Pathology Services Unit and the Veterinary Field Services and Veterinary Clinic Unit;

(b) fish and crustaceans used for applied research, promotional programs, fish food and broodstock; and

(c) experimental aquaculture equipment, experimental fishing equipment, experimental aquatic resource equipment, experimental vessel equipment and consumable goods to be used in applied research programs.

Elections New Brunswick

22Elections New Brunswick is exempt from procuring the following goods through the Minister and is not required to procure them through a competitive bidding process:

(a) specialized stationery used in an electoral district for an election if the procurement is made under the direction of the Chief Electoral Officer; and

(b) office supplies used in an electoral district for an election if the procurement is made under the direction of the Chief Electoral Officer.

Department of Post-Secondary Education, Training and Labour

23The Department of Post-Secondary Education, Training and Labour is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) school textbooks and textbook materials whether in paper or digital format, if their estimated value is less than $25,000;

(b) goods required by students attending courses for use during training and for resale to the individual student; and

(c) software to be used for educational purposes only.

Department of Education and Early Childhood Development

24(1)The Department of Education and Early Childhood Development is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) school textbooks and textbook materials whether in paper or digital format, if their estimated value is less than $25,000;

(b) yearbooks, if their estimated value is less than $25,000;

(c) instructional films, streaming media services, videos and subscriptions to these services for educators or students, if their estimated value is less than $25,000;

(d) software to be used for educational purposes only;

(e) goods for schools and school district offices, if their estimated value, excluding shipping, taxes, duties and other incidental costs, does not exceed $1,500 per transaction;

(f) good and services purchased on an individual basis for clients of early childhood development programs;

(g) goods, including parts to be used in the repair and overhauling of equipment, which are charged back to the owner of the equipment other than tools or items to be placed in stock;

(h) educational school trips; and

(i) educational performances such as plays, concerts and exhibitions.

24(2)The Department of Education and Early Childhood Development is exempt from procuring student conveyance services through the Minister, regardless of the estimated value of the service, if the procurement is made in accordance with sections 23 and 24 of New Brunswick Regulation 2001-51 under the Education Act.

Department of Health

25The Department of Health is exempt from procuring through the Minister, and is not required to procure through a competitive bidding process, drugs and related supplies prescribed for patients who have been accepted as the responsibility of the Department of Health and have been discharged from a hospital facility or institution to their home or are new patients under the home-care program, but prescriptions for these drugs shall be filled locally and this exemption shall not be used for stock or stock replacement.

Department of Justice and Public Safety

2016, c.37, s.151

26The Department of Justice and Public Safety is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) paralegal services;

(b) actuarial services; and

(c) prescribed drugs for inmates in provincial penal institutions.

2016, c.37, s.151

Office of the Attorney General

27The Office of the Attorney General is exempt from procuring the following services through the Minister and is not required to procure them through a competitive bidding process:

(a) paralegal services; and

(b) actuarial services.

Department of Public Safety

Repealed: 2016, c.37, s.151

2016, c.37, s.151

28Repealed: 2016, c.37, s.151

2016, c.37, s.151

Department of Energy and Resource Development

2016, c.37, s.151

29The Department of Energy and Resource Development is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) gravel, sand, sandstone, rock and borrow material required for provincial tree nurseries if the department can demonstrate that transportation costs or technical considerations impose geographical limits on the available supply base; and

(b) goods and services required in the course of a special investigation undertaken for the purposes of protecting land and water and their mineral, vegetable and other components, including flora, fauna and fish, if

(i) the estimated value of the goods is less than $25,000, and

(ii) the estimated value of the services is less than $50,000.

2016, c.37, s.151

Department of Social Development

30The Department of Social Development is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) goods and services purchased on an individual basis for clients of the department; and

(b) goods, including parts, and repair services for the Emergency Housing Repair Program, but only those goods and services that are required to render a dwelling fit for human habitation.

Department of Tourism, Heritage and Culture

31The Department of Tourism, Heritage and Culture is exempt from procuring the following goods through the Minister and is not required to procure them through a competitive bidding process:

(a) topsoil, sand, sandstone, rock, lime and borrow material required for provincial parks;

(b) items purchased for resale;

(c) livestock purchased or rented for historic sites;

(d) costumes and costume material for tourist site interpreters;

(e) artefacts and reproductions for historical projects;

(f) handicraft items to be used for display purposes;

(g) books and related items for historical projects; and

(h) works of art and crafts for the New Brunswick Collection.

Department of Transportation and Infrastructure

32The Department of Transportation and Infrastructure is exempt from procuring the following goods and services through the Minister and is not required to procure them through a competitive bidding process:

(a) the following materials, regardless of their estimated value, if the department can demonstrate that transportation costs or technical considerations impose geographical limits on the available supply base:

(i) gravel, sand, sandstone, rock and borrow material required for the maintenance and construction of highways and bridges;

(ii) asphalt mix for highway maintenance; and

(iii) concrete mix for highway and bridge maintenance and construction;

(b) equipment rented for less than one year if rental rates are established for the equipment under the Crown Construction Contracts Act and the regulations under that Act;

(c) repairs to heavy equipment if the cost of the repairs cannot be estimated before they are begun;

(d) fuel and parts for and operation and maintenance of government-operated aircraft;

(e) repairs to government-operated aircraft; and

(f) works of art to be used for decorative purposes.

D

Disqualification of Prospective Suppliers

i

Disqualification for Past Performance

Disqualification for past performance

33Subject to sections 44 and 45, the Minister may disqualify a prospective supplier from providing goods and services to Schedule A entities for a period of six months for documented significant or persistent deficiencies in fulfilling or performing a substantive requirement or obligation under a prior contract or contracts.

Elements of past performance

34Subject to section 46, a prospective supplier’s performance under a prior contract that occurred within two years before the coming into force of this Regulation may be taken into account for the disqualification of a prospective supplier for past performance.

Conditions precedent

35Before disqualifying a prospective supplier under section 33, the Minister shall give the prospective supplier notice by registered mail of the intention to disqualify the prospective supplier, and the notice shall include the following information:

(a) the reasons, with details, for which the Minister is considering disqualifying the prospective supplier;

(b) the intended length of the disqualification;

(c) that the prospective supplier, within 15 days after receiving the notice, may object to the intended disqualification by sending a notice of objection to the Minister by registered mail;

(d) that the prospective supplier has a right to be represented by counsel if he or she wishes to object to the disqualification; and

(e) that the prospective supplier may present his or her objection in person or in writing.

Objection in writing

36If a prospective supplier chooses to object in writing, the prospective supplier shall include with the notice of objection all the documents in the supplier’s possession that support the objection.

Objection in person

37(1)If a prospective supplier chooses to have an objection heard in person, the Minister shall set a date, time and place to hear the prospective supplier’s objection, and the hearing shall occur within 15 days after receipt of the notice of objection.

37(2)Despite subsection (1), the prospective supplier may agree to be heard by the Minister more than 15 days after receipt of the notice of objection, but the hearing shall be held within 30 days after receipt of the notice of objection.

Decision

38The Minister’s decision whether to disqualify a prospective supplier under section 33 shall be in writing and shall be made

(a) if the Minister has not received a notice of objection, within five days after the period for sending a notice of objection has expired;

(b) if a hearing has been held in accordance with section 37, within 15 days after the hearing; or

(c) if an objection has been made in writing under section 36, within 15 days after the Minister receives the documents under that section.

Conditions on disqualification

39The Minister may impose on a supplier’s disqualification conditions relating to the scope of the disqualification.

Decision is final

40The decision of the Minister to disqualify a prospective supplier under section 33 is final.

Judicial review

41The decision of the Minister to disqualify a prospective supplier under section 33 is subject to judicial review.

Application for reinstatement

42A prospective supplier who has been disqualified under section 33 may apply in writing to the Minister to be reinstated after the expiration of the six-month period following the decision of the Minister.

Reinstatement

43The Minister may reinstate a prospective supplier if the Minister is satisfied that the prospective supplier has taken appropriate corrective measures.

Subsequent applications for reinstatement

44If a prospective supplier is not reinstated under section 43, the prospective supplier may reapply in writing to be reinstated only after the expiration of the six-month period following the decision not to reinstate.

Total period of disqualification

45The total length of a prospective supplier’s first disqualification under section 33 shall not be more than 24 months.

Subsequent disqualification

46(1)A prospective supplier may be disqualified under section 33 more than once.

46(2)The facts that gave rise to a prospective supplier’s previous disqualification may not be considered with respect to a subsequent disqualification, but the fact that the prospective supplier has been previously disqualified may be considered.

Subsequent disqualification - period of disqualification

47Despite section 33, if a prospective supplier has been previously disqualified, the initial period of disqualification shall be 12 months.

Disqualification during performance of a procurement contract

48(1)The Minister may disqualify a prospective supplier under section 33 despite that the supplier is in the course of fulfilling a procurement contract for a Schedule A entity.

48(2)If the Minister disqualifies a prospective supplier in the circumstances set out in subsection (1), the Minister may cancel the existing procurement contract unless to do so would be too costly for or otherwise detrimental to the Province.

48(3)If the Minister does not cancel a procurement contract under subsection (2), the Minister may take those oversight measures with respect to the contract that the Minister considers appropriate, including any of the following:

(a) inspections;

(b) measures to prevent delays; and

(c) close tracking of the stages or different aspects of the contract.

Disqualification during procurement process

49The Minister shall not award a procurement contract to a prospective supplier who becomes disqualified under section 33 during the procurement process with respect to that contract.

Prospective supplier not an individual

50(1)A prospective supplier is deemed to be disqualified under section 33 when a person who has a controlling interest in that supplier is disqualified under section 33.

50(2)A prospective supplier is deemed to be disqualified under section 33 when that supplier has a controlling interest in another prospective supplier that is disqualified under section 33.

ii

Disqualification for Offences

Automatic disqualification

51A prospective supplier who is guilty of an offence listed in Schedule C is disqualified from providing goods and services to Schedule A entities for the corresponding period indicated in Schedule C.

Guilty verdict during performance of procurement contract

52(1)If a supplier is found guilty of an offence referred to in section 51, the Minister shall cancel any existing procurement contracts that supplier has with respect to a Schedule A entity unless to do so would be too costly for or otherwise detrimental to the Province.

52(2)If the Minister does not cancel a procurement contract under subsection (1), the Minister may take those oversight measures with respect to the contract that the Minister considers appropriate, including any of the following:

(a) inspections;

(b) measures to prevent delays; and

(c) close tracking of the stages or different aspects of the contract.

Guilty verdict during procurement process

53The Minister shall not award a procurement contract to a prospective supplier who becomes disqualified under section 51 during the procurement process with respect to that contract.

Commencement of the disqualification period

54The period of disqualification under section 51 begins on the expiration of the time period to file an appeal, if any, with respect to the verdict that gave rise to the disqualification.

Disqualification not retrospective

55Only an offence committed after this Regulation comes into force shall result in a disqualification under section 51.

3

PROCUREMENT BY SCHEDULE B ENTITIES

A

Rules for Procurement

Appropriate authorizations

56A Schedule B entity shall ensure that appropriate authorizations are obtained before beginning a procurement process.

Procurement on behalf of a private organization

57Only those Schedule B entities that are marked with an asterisk in the list of the entities in Schedule B may enter into an agreement under section 16 of the Act with a private organization.

Procuring goods and services valued below trade agreement thresholds

58A Schedule B entity is not required to procure the following goods and services through a competitive bidding process:

(a) goods that have an estimated value that is less than $25,000 or the lowest applicable threshold value of any relevant trade agreements, whichever is lesser; and

(b) services that have an estimated value that is less than $50,000 or the lowest applicable threshold value of any relevant trade agreements, whichever is lesser.

Procuring goods and services valued above trade agreement thresholds

59When a Schedule B entity procures goods or services that have an estimated value above the amounts set out in section 58, the goods or services shall be procured through an open competitive bidding process unless an alternative procurement method is authorized in the circumstances by this Regulation.

No bid submissions

60If no bid submissions are received in response to a competitive bid solicitation, a Schedule B entity may use any procurement method authorized by this Regulation if the procurement method is not used to avoid competition among prospective suppliers or in order to discriminate against a prospective supplier.

B

Exemptions

New Brunswick Power Corporation and New Brunswick Energy Marketing Corporation

61The New Brunswick Power Corporation and the New Brunswick Energy Marketing Corporation are exempt from the provisions of the Act and this Regulation with respect to the procurement of the following electric utility-specific goods and services, regardless of their estimated value:

(a) fuel for use in a generating station owned by the New Brunswick Power Corporation;

(b) electrical power;

(c) nuclear class components, materials and related services;

(d) those specialized components, materials and services that relate specifically to the generation, transmission or distribution of electricity;

(e) banking services; and

(f) non-routine capital projects and procurements that have been approved by the New Brunswick Power Corporation’s Board of Directors, including joint ventures, strategic partnerships and financing arrangements with third parties.

New Brunswick Highway Corporation

62(1)The New Brunswick Highway Corporation is exempt from the provisions of the Act and this Regulation with respect to the procurement of goods and services under an agreement made between the Corporation and a project company.

62(2)If the New Brunswick Highway Corporation enters into an agreement or forms a joint venture with another person for the purposes of the New Brunswick Highway Corporation Act, the Act and this Regulation do not apply with respect to further agreements or to the purchase of goods or services made by or other transactions carried out by that other person.

62(3)Despite the exemptions in subsections (1) and (2), the procurement of goods and services by the New Brunswick Highway Corporation shall comply with all applicable trade agreements.

New Brunswick Community College / Collège communautaire du Nouveau-Brunswick

63The New Brunswick Community College (NBCC) and the Collège communautaire du Nouveau-Brunswick (CCNB) are not required to procure the following goods through a competitive bidding process if their estimated value is less than $25,000:

(a) school textbooks and textbook materials whether in paper or digital format;

(b) goods, including parts to be used in the repair and overhauling of equipment, that are charged back to the owner of the equipment other than tools or items to be placed in stock;

(c) goods required by students for use during training that are to be sold to the individual students; and

(d) software to be used for educational purposes only.

C

Disqualification of Prospective Suppliers

i

Disqualification for Past Performance

Disqualification for past performance

64The head of a Schedule B entity or the person responsible for its procurement may disqualify a prospective supplier from providing goods and services to the Schedule B entity for a period of six months for documented significant or persistent deficiencies in fulfilling or performing a substantive requirement or obligation under a prior contract or contracts.

Elements of past performance

65Subject to section 77, a prospective supplier’s performance under a prior contract that occurred within two years before the coming into force of this Regulation may be taken into account for the disqualification of a prospective supplier for past performance.

Conditions precedent

66Before disqualifying a prospective supplier under section 64, the head of a Schedule B entity or the person responsible for its procurement shall give the prospective supplier notice of the intention to disqualify the prospective supplier, and the notice shall include the following information:

(a) the reasons, with details, for which the prospective supplier is being considered for disqualification;

(b) the intended length of the disqualification;

(c) that the prospective supplier, within 15 days after receiving the notice, may object to the intended disqualification by sending by registered mail a notice of objection to the head of the Schedule B entity or the person responsible for its procurement;

(d) that the prospective supplier has a right to be represented by counsel if he or she wishes to object to the disqualification; and

(e) that the prospective supplier may present his or her objection in person or in writing.

Objection in writing

67If a prospective supplier chooses to object in writing, the prospective supplier shall include with the notice of objection all the documents in the supplier’s possession that support the objection.

Objection in person

68(1)If a prospective supplier chooses to have an objection heard in person, the head of the Schedule B entity or the person responsible for its procurement shall set a date, time and place to hear the prospective supplier’s objection, and the hearing shall occur within 15 days after receipt of the notice of objection.

68(2)Despite subsection (1), the prospective supplier may agree to have his or her objection heard more than 15 days after receipt of the notice of objection, but the hearing shall be held within 30 days after the receipt of the notice of objection.

Decision

69The decision to disqualify a prospective supplier under section 64 shall be in writing and shall be made

(a) if a notice of objection has not been received, within five days after the period for sending a notice of objection has expired;

(b) if a hearing has been held in accordance with section 68, within 15 days after the hearing; or

(c) if an objection has been made in writing under section 67, within 15 days after the documents are received under that section.

Conditions on disqualfiication

70The head of the Schedule B entity or the person responsible for its procurement may impose on a supplier’s disqualification conditions relating to the scope of the disqualification.

Decision is final

71The decision to disqualify a prospective supplier under section 64 is final.

Judicial review

72The decision to disqualify a prospective supplier under section 64 is subject to judicial review.

Application for reinstatement

73A prospective supplier who has been disqualified under section 64 may apply in writing to the head of a Schedule B entity or the person responsible for its procurement to be reinstated after the expiration of the six-month period following the decision to disqualify.

Reinstatement

74The head of a Schedule B entity or the person responsible for its procurement may reinstate a prospective supplier if he or she is satisfied that the prospective supplier has taken appropriate corrective measures.

Subsequent applications for reinstatement

75If a prospective supplier is not reinstated under section 74, the prospective supplier may reapply in writing to be reinstated only after the expiration of the six-month period following the decision not to reinstate.

Total period of disqualification

76The total length of a prospective supplier’s first disqualification under section 64 shall not be more than 24 months.

Subsequent disqualification

77(1)A prospective supplier may be disqualified under section 64 more than once.

77(2)The facts that gave rise to a prospective supplier’s previous disqualification may not be considered with respect to a subsequent disqualification, but the fact that the prospective supplier has been previously disqualified may be considered.

Subsequent disqualification - period of disqualification

78Despite section 64, if a prospective supplier has been previously disqualified, the initial period of disqualification shall be 12 months.

Disqualification during performance of a procurement contract

79(1)The head of a Schedule B entity or the person responsible for its procurement may disqualify a prospective supplier under section 64 despite that the supplier is in the course of fulfilling a procurement contract for the entity.

79(2)If a prospective supplier is disqualified in the circumstances set out in subsection (1), the head of the Schedule B entity or the person responsible for its procurement may cancel the existing procurement contract unless doing so would be too costly for or otherwise detrimental to the Schedule B entity.

79(3)If a procurement contract is not cancelled under subsection (2), the head of the Schedule B entity or the person responsible for its procurement may take those oversight measures with respect to the contract that he or she considers appropriate, including any of the following:

(a) inspections;

(b) measures to prevent delays; and

(c) close tracking of the stages or different aspects of the contract.

Disqualification during procurement process

80The head of a Schedule B entity or the person responsible for its procurement shall not award a procurement contract to a prospective supplier who becomes disqualified under section 64 during the procurement process with respect to that contract.

Prospective supplier not an individual

81(1)A prospective supplier is deemed to be disqualified under section 64 when a person who has a controlling interest in that supplier is disqualified under section 64.

81(2)A prospective supplier is deemed to be disqualified under section 64 when that supplier has a controlling interest in another prospective supplier that is disqualified under section 64.

ii

Disqualification for Offences

Automatic disqualification

82A prospective supplier who is guilty of an offence listed in Schedule C is disqualified from providing goods and services to Schedule B entities for the corresponding period indicated in Schedule C.

Guilty verdict during performance of procurement contract

83(1)If a supplier is found guilty of an offence referred to in section 82, the head of a Schedule B entity or the person responsible for its procurement shall cancel any existing procurement contracts that supplier has with respect to the Schedule B entity unless to do so would be too costly for or otherwise detrimental to the Schedule B entity.

83(2)If a procurement contract is not cancelled under subsection (1), the head of the Schedule B entity or the person responsible for its procurement may take those oversight measures with respect to the contract that he or she considers appropriate, including any of the following:

(a) inspections;

(b) measures to prevent delays; and

(c) close tracking of the stages or different aspects of the contract.

Guilty verdict during procurement process

84The head of a Schedule B entity or the person responsible for its procurement shall not award a procurement contract to a prospective supplier who becomes disqualified under section 82 during the procurement process with respect to that contract.

Commencement of the disqualification period

85The period of disqualification under section 82 begins on the expiration of the time period to file an appeal, if any, with respect to the verdict that gave rise to the disqualification.

Disqualification not retrospective

86Only an offence committed after this Regulation comes into force shall result in a disqualification under section 82.

4

PROCUREMENT - GENERAL PROVISIONS

A

Procurement Rules - Competitive Bidding Process

i

Solicitation for Tenders

Establishment of prequalification list

87(1) A procuring entity may establish a prequalification list of goods, services or prospective suppliers to be used in a future competitive bidding process, and the list shall be established in accordance with the provisions of this Regulation applicable to a competitive bidding process.

87(2)If a procuring entity intends to use a prequalification list to procure goods or services that are subject to a trade agreement, an open competitive bidding process shall be used to establish the list.

87(3)In addition to any other requirements under this Regulation, the solicitation documents for the establishment of a prequalification list shall include the following information:

(a) the period for which the list is to be established;

(b) the entities, including public bodies and private organizations, that may use the list; and

(c) any other conditions governing the use of the list.

87(4)The solicitation notice to establish a prequalification list shall be published at least annually and in accordance with section 89.

Use of prequalification list

88(1)A prequalification list is valid only for the period indicated in the solicitation documents.

88(2)A procuring entity may divide into categories the goods, services and prospective suppliers that have been prequalified.

88(3)When a prequalification list has been established, the procuring entity shall restrict the process to the following:

(a) the prospective suppliers that are on the list, or an applicable category of the list;

(b) the period for which the list was established; and

(c) the procurement of the goods and services for which the list was established.

88(4)The competitive bid solicitation of prospective suppliers on a prequalification list, or a category of the list, shall be done in the one of the following manners:

(a) a limited competitive bidding process; or

(b) by publishing a public advertisement that indicates that participation in the bidding process is restricted to prospective suppliers that have been prequalified.

88(5)When a procuring entity procures goods or services covered by a trade agreement and for which a prequalification list has been established, all the prospective suppliers that are on the list, or an applicable category of the list, shall be invited to respond to the solicitation for competitive bids.

88(6)A procuring entity may satisfy the requirements of subsection (5) by complying with paragraph (4)(b).

Solicitation notice

89When a solicitation notice is publicly advertised, the procuring entity shall publish the notice on the New Brunswick Opportunities Network for the minimum solicitation period under section 96 or 97, and the notice shall contain the following information:

(a) the solicitation number;

(b) a brief description of the goods or services being procured;

(c) the place where relevant information and solicitation documents may be obtained;

(d) the conditions for obtaining the solicitation documents;

(e) the location where a bid submission shall be submitted;

(f) the date and time by which a bid submission shall be submitted;

(g) the date, time and location that bid submissions are to be opened, if the submissions are to be publicly opened.

Trade agreements

90For the procurement of goods or services that are subject to a trade agreement, the solicitation notice shall include the name of the trade agreement and the relevant chapter number in the trade agreement.

Notice of planned procurement

91(1)A procuring entity may publish notice of its future procurement plans, and the notice shall

(a) be published as early as possible in the fiscal year, and

(b) be posted on the New Brunswick Opportunities Network for a minimum of 35 days and not more than 12 months before the solicitation notice is issued.

91(2)The notice of planned procurement shall include the following information:

(a) the subject matter of the procurement; and

(b) the planned date of the publication of the solicitation notice.

Official procurement documents

92(1)The official procurement documents shall be the following:

(a) for a Schedule A entity, the documents specified by the Minister; and

(b) for a Schedule B entity, the documents specified by the head of the Schedule B entity or the person responsible for its procurement.

92(2)The official procurement documents may be in an electronic format.

Same information to all

93All prospective suppliers shall be provided with the same information for preparing bid submissions, and the information provided shall be adequate for the preparation of a bid submission.

Fair, equal and equitable treatment

94(1)All prospective suppliers shall be treated fairly, equally and equitably throughout the competitive bidding process unless the solicitation documents state otherwise.

94(2)If the solicitation documents state that a class of prospective suppliers may be given preferential treatment in a manner authorized by this Regulation, the procuring entity shall treat all prospective suppliers in that class in a manner that is fair, equal and equitable.

Criteria in addition to price

95If a procuring entity intends to evaluate submissions in a competitive bidding process on criteria in addition to price, the procuring entity shall indicate clearly in the solicitation documents the criteria to be used and the method by which the bid submissions will be evaluated, including the relative weight to be assigned to each criteria.

Minimum solicitation period - open competitive bidding

96The minimum solicitation period for an open competitive bidding process is 15 days, unless a longer minimum period is required under a trade agreement that applies to the goods or services being procured.

Solicitation period - notice of procurement

97 Despite section 96, a procuring entity may use a solicitation period for an open competitive bidding process that is not less than ten days if the procuring entity has issued a notice of planned procurement under section 91.

Solicitation period - limited competitive bidding

98If a procuring entity is entitled to proceed with a procurement by a limited competitive bidding process, there is no prescribed minimum solicitation period, but the procuring entity shall give prospective suppliers sufficient time to prepare their bid submissions.

Amendment of solicitation documents

99(1)At any time before the closing of the solicitation period, a procuring entity, for any reason, may modify the solicitation documents by issuing an amendment, and the amendment may be initiated by the procuring entity or may be made as the result of a request for clarification by a prospective supplier.

99(2) The amendment shall be communicated promptly and in the same manner as the original solicitation documents, and, taking into consideration the nature of the amendment, the procuring entity shall provide prospective suppliers with sufficient time to modify their submissions if necessary.

99(3)In the case of a publicly advertised solicitation, notification of the amendment shall be posted also on the New Brunswick Opportunities Network.

Shortening of solicitation period

100Subject to sections 96 and 97, the solicitation period for a competitive bidding process may be shortened in either of the following circumstances:

(a) it is evident that the original closing date was incorrect; or

(b) the need for the goods or services being procured has become more immediate.

Extension of solicitation period

101The solicitation period for a competitive bidding process may be extended for any of the following reasons:

(a) the original solicitation period is clearly of an inadequate length to prepare a bid submission;

(b) prospective suppliers require additional time to prepare their bid submissions as the result of an amendment to the solicitation documents; or

(c) the procuring entity considers it appropriate to extend the solicitation period in the circumstances.

Request for clarification

102A prospective supplier may request, in writing, a clarification of the solicitation documents from the procuring entity.

Response to clarification request

103 A procuring entity shall respond to a written request made under section 102 within such reasonable time as to permit prospective suppliers to submit their bid submissions.

Communication of clarifying information

104(1)Without identifying the source of a request for clarification, a procuring entity shall communicate the clarifying information to all prospective suppliers at the same time as providing a response under section 103 and in the same manner as the original solicitation documents.

104(2)In the case of a publicly advertised solicitation, notification of the clarification shall be posted also on the New Brunswick Opportunities Network.

ii

Bid Submissions

Bid submissions

105(1)A prospective supplier shall ensure that its bid submission

(a) is legible and properly completed,

(b) contains the proper solicitation number, and

(c) is delivered to the location specified in the solicitation documents by the date and time specified in those documents.

105(2)A bid submission received by a procuring entity in a sealed envelope that does not bear the solicitation number on the envelope shall be opened by the procuring entity in order to match it to a solicitation for bids, and, in so doing, the procuring entity shall take all reasonable measures to preserve the confidentiality of the envelope’s contents.

Amending bid submissions

106(1)A prospective supplier may amend a bid submission that has been submitted to a procuring entity if the amendment is delivered to the location specified in the solicitation documents by the date and time specified in those documents.

106(2)A prospective supplier shall ensure that an amendment to its bid submission

(a) is signed by the person who signed the original bid submission or by a person authorized to sign on his or her behalf, and

(b) clearly indicates the solicitation number applicable to the bid submission being amended.

106(3)For the purposes of this Regulation, a bid submission includes any amendments to the bid submission received by the procuring entity that comply with this section.

iii

Receipt of Bid Submissions

Date and time of official receipt

107(1)Subject to subsection (2), on receipt of a bid submission, a procuring entity shall stamp the bid submission with the date and time of its receipt, and this shall be the official date and time of receipt of the bid submission, which shall be stored in a secure place until the bid submissions are opened.

107(2)If a procuring entity receives a bid submission through the New Brunswick Opportunities Network or another approved electronic tendering site, the official date and time of receipt of the bid submission shall be that recorded by the system.

Limit to confidentiality

108(1)A procuring entity shall take all reasonable measures to preserve the confidentiality of a bid submission received by facsimile transmission.

108(2)The confidentiality of information contained in a bid submission received by facsimile transmission is not assured, and the procuring entity shall not be held liable if any such information becomes known inadvertently.

Closure of solicitation period

109A solicitation period shall close at the date and time indicated in the solicitation documents, and a bid submission received after that date and time is a late bid submission.

Withdrawal of bid submissions

110A prospective supplier may not withdraw a bid submission after the closure of the solicitation period set out in the solicitation documents unless the authority to do so was disclosed in the solicitation documents.

Late bid submissions

111(1)Subject to subsection (2), a late bid submission

(a) shall be stamped in accordance with section 107,

(b) shall not be accepted in the competitive bidding process, and

(c) if possible, shall be returned unopened to the prospective supplier.

111(2)With the approval of the Minister or the head of a Schedule B entity, as the case may be, a procuring entity may accept a late bid submission if the late receipt of the bid submission was caused solely by mishandling on the part of the procuring entity.

111(3)If the Minister or the head of a Schedule B entity approves the acceptance of a late bid submission, all documents related to the approval shall be maintained in the procurement file.

Bid submissions received by facsimile transmission

112(1)If a procuring entity receives a bid submission by facsimile transmission, only the pages that are fully transmitted by the closure of the solicitation period may be accepted in the competitive bidding process, and all the pages received after the closure of the solicitation period shall be rejected.

112(2)A bid submission received by facsimile transmission shall be rejected if all the information required in the bid submission is not transmitted by the date and time specified in the solicitation documents.

112(3)If, during the evaluation of a bid submission, it is determined that any required information was not received on time, the procuring entity shall reject the bid submission at that time.

iv

Opening of Bid Submissions

Who opens bid submissions

113 Regardless of whether bid submissions are to be opened in public, only the person designated by the procuring entity to open the bid submissions may open them.

Public opening of bid submissions

114 If bid submissions are to be opened in public, the procuring entity shall open them at the location, date and time specified in the solicitation documents.

Rejection of bid submissions

115(1)The person designated to open bid submissions shall reject a bid submission for any of the following reasons:

(a) the bid submission is not signed;

(b) the bid submission is not accompanied by a security deposit in the form and in the amount required by the solicitation documents;

(c) if more than one item is being procured, the bid submission does not contain a total price if one was required by the solicitation documents; or

(d) the bid submission is illegible.

115(2)If a prospective supplier submits more than one bid submission and they are not marked as alternative submissions, the last bid submission received prior to closure of the solicitation period shall be accepted, and all other bid submissions from that prospective supplier shall be rejected.

Decision to reject final

116A decision made under section 115 to reject a bid submission is final.

No award on opening

117A procuring entity shall not award a procurement contract at the time that bid submissions are opened.

Disclosure of information

118(1)Following the opening of bid submissions and before awarding a procurement contract, in the case of a competitive bidding process based on price, a procuring entity may disclose only the names of the prospective suppliers and, subject to paragraph (2)(b), the total price of their respective bids.

118(2)Following the opening of bid submissions and before awarding a procurement contract, a procuring entity may disclose only the names of the prospective suppliers in the following circumstances:

(a) if bid submissions are evaluated on a point system; or

(b) if a total price was not required by the solicitation documents.

Examination for compliance

119(1)Following the opening of bid submissions, a bid submission shall be evaluated to determine if it complies with the mandatory requirements of the solicitation documents and shall be rejected if it does not comply.

119(2)A bid submission may be found not to be in compliance for reasons that include, but are not limited to, the following:

(a) the submission contains substantive qualifications or conditions that are contrary to the terms of the solicitation documents;

(b) the submission is from a disqualified prospective supplier;

(c) the submission does not satisfy the mandatory requirements of the solicitation documents;

(d) the submission contains a change in price that was not initialled by the person who signed the submission; or

(e) the procuring entity determines that the information submitted with respect to the qualifications of the prospective supplier are false or misleading.

Minor non-compliance

120(1)Despite section 119, if the authority to waive a minor non-compliance with the mandatory requirements of the solicitation documents was disclosed in the solicitation documents, a procuring entity, in accordance with that authority, may waive the minor non-compliance and accept the bid submission.

120(2)For the purposes of subsection (1), a failure to comply with the mandatory requirements of the solicitation documents is a minor non-compliance if it

(a) affects the form of the bid submission, rather than its substance,

(b) does not affect the bid’s price, delivery, quality or quantity, and

(c) if waived, would not give the prospective supplier an unfair advantage over other prospective suppliers who submitted bids.

v

Evaluation of Bids

Evaluation standard

121(1)A procuring entity shall objectively evaluate a bid submission accepted into the competitive bidding process and shall consider all bid submissions equally, fairly and honestly.

121(2)All bid submissions accepted in the same competitive bidding process shall be evaluated by the same individual or group of individuals.

Evaluation according to solicitation documents

122When evaluating a bid submission and determining the successful supplier, a procuring entity shall use only those criteria, weighting and procedures set out in the solicitation documents and shall apply those criteria and procedures only in the manner set out in the solicitation documents.

Discrepancy in price

123If, in a bid submission, there is a discrepancy between the stated unit price and the stated total price, the procuring entity shall use the unit price to calculate the total price for evaluation purposes.

Abnormally low price

124(1)A procuring entity may reject a bid submission if it determines that the bid price, in combination with other aspects of the submission, is so abnormally low in relation to the subject matter of the procurement that it raises concerns regarding the prospective supplier’s ability to perform the procurement contract.

124(2)A procuring entity may act under subsection (1) only if the following conditions have been met:

(a) the procuring entity has requested clarification of its bid from the prospective supplier; and

(b) after considering the clarifying information provided by the prospective supplier within the time period provided for doing so, the procuring entity’s concerns with the bid submission remain.

124(3)The request for clarification under subsection (2) shall state when the information shall be received by the procuring entity, and only clarifying information received by that date may be considered under that subsection.

124(4)All communication under this section between a procuring entity and a prospective supplier shall be in writing.

124(5)The decision to reject a bid submission under this section shall be documented in the procurement file, including the reasons for rejecting the submission, and all communication between the procuring entity and the prospective supplier shall be retained in that file.

124(6)A procuring entity shall promptly communicate to the prospective supplier the decision to reject a bid submission under this section.

Clarification of bids

125(1)A procuring entity may request clarification of a bid submission from a prospective supplier.

125(2)No changes to the substance of a bid submission may be made, proposed or allowed following a request for clarification under this section.

Cancellation of a competitive bidding process

126A procuring entity may cancel a competitive bidding process and decline to enter into a procurement contract in any of the following circumstances:

(a) none of the bid submissions are acceptable;

(b) the goods or services that were the subject of the competitive bidding process are no longer required; or

(c) a reason set out in the solicitation documents if the authority to cancel the procurement was disclosed in those documents.

Negotiations during procurement process

127In the context of a competitive bidding process, the terms of a procurement contract may be negotiated between a procuring entity and a prospective supplier if the following conditions are met:

(a) the authority to negotiate is set out in the solicitation documents, including the negotiation process to be used and the conditions under which negotiations will take place;

(b) the negotiations are confidential, and the procuring entity shall not disclose any information with respect to the bid submission of another prospective supplier;

(c) the procuring entity may neither give an unfair advantage to, nor discriminate against, a prospective supplier in the course of negotiations; and

(d) prospective suppliers are eliminated from the process based on the criteria set out in the solicitation documents.

vi

Preferential Treatment

Conditions precedent

128(1)In order to apply preferential treatment in the evaluation of bid submissions, the solicitation documents shall indicate clearly that preferential treatment may be applied and shall set out the method to be used in applying the preferential treatment.

128(2)In addition to the requirements of subsection (1), if preferential treatment is to be given for Canadian value-added goods or services, the solicitation documents shall indicate the level of preference to be used in the evaluation and the rules applicable to determine the extent of Canadian value-added.

Prospective supplier may be advantaged only once

129A prospective supplier may be advantaged by preferential treatment only once during a procurement process, regardless of whether the procurement is completed in stages or multiple parts.

Preferential treatment permitted below trade agreement thresholds

130If the estimated value of the goods or services to be procured is below the lowest applicable threshold value of any relevant trade agreements, a procuring entity may give preferential treatment to a prospective supplier from New Brunswick or the Atlantic region.

Application of preferential treatment below trade agreement thresholds

131In the application of preferential treatment in accordance with section 130, the procuring entity shall observe the following order of priority, regardless of whether bid submissions are evaluated based on price or evaluated on a point system:

(a) firstly, New Brunswick manufacturers if the goods to be procured are manufactured in New Brunswick;

(b) secondly, New Brunswick vendors; and

(c) thirdly, Atlantic suppliers.

Preferential treatment permitted for New Brunswick suppliers

132A procuring entity may give preferential treatment to a prospective supplier from New Brunswick for the procurement of goods or services if the applicable trade agreements provide an exception for those goods or services or those goods or services are not subject to trade agreements.

Evaluations based on price

133(1)When bid submissions are evaluated on price, a procuring entity may give preferential treatment under section 132 if the bid, when compared to the lowest acceptable bid, is within the applicable range set out in section 135.

133(2)Prospective suppliers given preferential treatment under subsection (1) shall be ranked according to the order of priority set out in section 136.

Evaluations based on points

134(1)When bid submissions are evaluated on a point system, a procuring entity may give preferential treatment under section 132 if the price component of a bid submission, when compared with the price component of the bid submission that receives the highest score before preferential treatment is applied, is within the applicable range set out in section 135.

134(2)The additional points that may be given as preferential treatment under this section shall be equal to no more than 5% of the total points that a bid is otherwise eligible to receive, and the percentage awarded to each class of prospective supplier shall be determined in accordance with the order of priority in section 136.

134(3)The maximum number of points that may be given to a manufacturer under subsection (2) may be given to a vendor if no bid from a manufacturer has been retained for preferential treatment.

Price Ranges

135For the the purposes of sections 133 and 134, the applicable ranges are the following:

(a) for a procurement contract with an estimated value of $250,000 or less, a variation of 10% or $15,000, whichever is less;

(b) for a procurement contract with an estimated value greater than $250,000 and less than $1,000,000, a variation of 5% or $25,000, whichever is less;

(c) for a procurement contract with an estimated value of $1,000,000 or greater, but less than $5,000,000, a variation of 2.5% or $100,000, whichever is less;

(d) for a procurement contract with an estimated value of $5,000,000 or greater, but less than $10,000,000, a variation of 2.5% or $200,000, whichever is less; and

(e) for a procurement contract with an estimated value of $10,000,000 or greater, a variation of 2.5% or $400,000, whichever is less.

Order of priority

136For the purposes of sections 133 and 134, the order of priority is the following:

(a) firstly, New Brunswick manufacturers if the goods to be procured are manufactured in New Brunswick; and

(b) secondly, New Brunswick vendors.

Preferential Treatment for Canadian value-added

137(1)A procuring entity may give preferential treatment for Canadian value-added goods or services, and the amount of the preferential treatment shall be no greater than 10%.

137(2)When goods or services are to be procured that are subject to an international trade agreement, preferential treatment may be given under subsection (1) only if the estimated value of the goods or services is less than 355,000 SDRs.

vii

Awarding Procurement Contract

Authorization for procurement $500,000 or greater

138(1)When the value of a procurement contract is $500,000 or greater, the Minister or the head of a Schedule B entity, as the case may be, shall approve the awarding of the contract.

138(2)The authority of the Minister under this section may not be delegated to another person.

Award - evaluations on price

139(1)When bid submissions are evaluated on price, the procuring entity shall award the procurement contract to the prospective supplier with the compliant bid submission that has the lowest price, subject to any preferential treatment given under this Regulation.

139(2)A procuring entity may award a procurement contract under subsection (1) to more than one prospective supplier if that possibility was indicated in the solicitation documents, and, in that case, the procurement contracts shall be awarded to the prospective suppliers with the compliant bid submissions that have the lowest prices, subject to any preferential treatment given under this Regulation.

139(3)For the purposes of this section, the price of a good or service includes the total cost of ownership of the good or service or the value of the return on investment to the procuring entity if the solicitation documents disclosed that these factors would be considered when evaluating bid submissions.

Award - evaluations on points

140(1)When bid submissions are evaluated on a point system, the procuring entity shall award the procurement contract to the prospective supplier with the compliant bid submission that receives the highest score.

140(2)A procuring entity may award a procurement contract under subsection (1) to more than one prospective supplier if that possibility was indicated in the solicitation documents, and, in that case, the procurement contracts shall be awarded to the prospective suppliers with the compliant bid submissions that have the highest scores.

140(3)For greater certainty, when bid submissions are evaluated on a point system, preferential treatment given under this Regulation is considered in the awarding of points.

Prequalification list - evaluations on points

141When bid submissions for inclusion on a prequalification list are evaluated on a point system, the procuring entity shall place on the prequalification list all prospective suppliers with compliant bid submissions that meet the minimum acceptable score as indicated in the solicitation documents.

Award - Tie among bid submissions

142After bid submissions have been evaluated, if there is a tie among two or more bid submissions, the procuring entity shall select a fair and transparent method for awarding a procurement contract under section 139 or 140.

Award documents

143(1)Following the receipt of any required approvals, a procuring entity shall issue award documents to the successful supplier or suppliers under section 139 or 140, and the documents shall include all information pertinent to the procurement.

143(2)A procuring entity may only amend or alter award documents issued under this section in the following circumstances:

(a) on the agreement of the supplier and the procuring entity, to make an addition to or deletion from the contract with respect to a matter not dealt with in the original solicitation documents due to an error or oversight;

(b) to correct a clerical error in the award documents to render the award documents consistent with the supplier’s bid submission; or

(c) on the agreement of the supplier and the procuring entity, to renew the contract if the solicitation documents included a renewal option.

Contract substantially similar

144The terms of a procurement contract awarded following a competitive bidding process shall be substantially the same as those terms in the solicitation documents.

Notice of award

145(1)After awarding a procurement contract under section 139 or 140, a procuring entity shall publish an award notice on the New Brunswick Opportunities Network if the goods or services procured are subject to a trade agreement and the contract was awarded following a competitive bidding process.

145(2)The award notice shall contain the following information:

(a) the name and address of the procuring entity;

(b) the solicitation number;

(c) a description of the goods and services procured;

(d) the name and address of the successful supplier;

(e) the value of the awarded procurement contract; and

(f) the date the procurement contract was awarded.

145(3)A procuring entity shall post an award notice within 72 days after the procurement contract is awarded.

viii

Disclosure Following Award

Disclosure - competitive bidding process

146When a procurement contract has been awarded following a competitive bidding process, a procuring entity may disclose the name of the successful supplier and the total value of the contract.

Disclosure - procurement by mutual agreement

147When a procurement contract has been entered into by mutual agreement under section 156, the name of the supplier under the contract and the total value of the contract shall be disclosed if it is required under an applicable trade agreement.

Debriefing

148(1)After a procurement contract has been awarded and on the request of an unsuccessful supplier, the procuring entity shall provide the unsuccessful supplier with a debriefing on the procurement process.

148(2)During a debriefing, a procuring entity shall not reveal the following information, except as otherwise provided for in this Regulation:

(a) the bid of another prospective supplier, including that of the successful supplier; and

(b) the score and ranking of another prospective supplier, including those of the successful supplier.

Confidentiality

149Except as otherwise required by law, a procuring entity shall not disclose any information acquired during a procurement process if disclosure of the information would do any of the following:

(a) endanger the security of the Province or the well-being of its residents;

(b) interfere with the integrity of the procurement process;

(c) be contrary to the law or otherwise interfere with the enforcement of the law;

(d) reveal a trade secret or business practice of or otherwise prejudice the legitimate commercial interests of a supplier or prospective supplier; or

(e) otherwise impede fair competition.

ix

Standing Offer Agreements

Establishment of standing offer agreement

150(1)A procuring entity may enter into a standing offer agreement with a supplier, and the agreement shall be entered into following a competitive bidding process conducted in accordance with this Regulation.

150(2)If a procuring entity intends to enter into a standing offer agreement to procure goods or services that are subject to a trade agreement, an open competitive bidding process shall be used.

150(3)In addition to any other requirements under this Regulation, the solicitation documents for a standing offer agreement shall include the following information:

(a) the period for which the agreement will be valid;

(b) the terms and conditions of use of the agreement; and

(c) the Schedule A entities, the Schedule B entities, the public bodies and the private organizations that may procure under the agreement.

Use of standing offer agreement

151(1)A standing offer agreement is valid only for the period indicated in the solicitation documents.

151(2)Only a Schedule A entity, a Schedule B entity, a public body or a private organization identified in a standing offer agreement may procure under the agreement.

B

Alternative Procurement Methods

Limited competitive bidding - eligible goods and services

152A procuring entity may use a limited competitive bidding process to procure the following goods and services:

(a) goods intended for resale to the public;

(b) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;

(c) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;

(d) goods that are legally restricted from moving interprovincially, if the restriction is consistent with applicable trade agreements;

(e) the services of a financial analyst or the management of investments by an organization, if that is one of the organization’s primary purposes;

(f) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;

(g) health services and social services;

(h) advertising and public relation services, if the estimated value is less than $200,000;

(i) goods or services procured from a Schedule A entity, a Schedule B entity, another jurisdiction or a public body;

(j) transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects;

(k) construction materials if it can be demonstrated that transportation costs or technical considerations impose geographical limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and premixed concrete used in the construction or repair of roads; and

(l) goods and services related to cultural or artistic fields.

Limited competitive bidding - international trade agreements

153(1)A procuring entity may use a limited competitive bidding process to procure the following goods and services:

(a) if the procuring entity operates a sporting or convention facility, goods or services procured in order to comply with a commercial agreement that is incompatible with a trade agreement and that was entered into with an entity that is not subject to a trade agreement;

(b) goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 152(c);

(c) goods procured for representational or promotional purposes;

(d) services procured for representational or promotional purposes outside the Province; and

(e) goods and services urgently required due to unforeseen circumstances that cannot be obtained in a timely manner through an open competitive bidding process.

153(2)If an international trade agreement applies to the procurement of a good or service referred to in subsection (1), a procuring entity may only use a limited competitive bidding process if the estimated value of the good or service is no greater than 355,000 SDRs.

Procurement restricted to specific product

154(1)In order to ensure compatibility with existing goods, a procuring entity may restrict a solicitation for submissions to a specific product without the possibility of substitution and, despite sections 152 and 153, when doing so shall use an open competitive bidding process.

154(2)If an international trade agreement applies to the procurement of a good, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is no greater than 355,000 SDRs.

Procurement restricted to Canadian goods, Canadian services or Canadian suppliers

155(1)A procuring entity may use a limited competitive bidding process to restrict procurement to Canadian goods, Canadian services or Canadian suppliers if the following conditions are met:

(a) the procuring entity is satisfied that there is sufficient competition among prospective Canadian suppliers;

(b) the solicitation documents advise all qualified prospective suppliers of the use of the preference in the procurement process and of the applicable rules for determining Canadian content; and

(c) the requirement for Canadian content is no greater than necessary to qualify the procured good or service as a Canadian good or service.

155(2)If an international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is no greater than 355,000 SDRs.

Mutual agreement if only one supplier

156A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement if only one prospective supplier is able to meet the procurement requirements in any of the following circumstances:

(a) to recognize exclusive rights, such as exclusive licences or copyright or patent rights, or to maintain specialized goods that must be maintained by the manufacturer or its representative;

(b) there is an absence of competition for technical reasons, and the goods or services can be supplied by only one person and no alternative or substitute exists;

(c) the supply of the good or service is controlled by a supplier that is a statutory monopoly;

(d) the procurement of goods on a commodity market;

(e) the procuring entity requires work to be performed on or about a leased building that may be performed only by the lessor;

(f) the procuring entity requires work to be performed on property by a contractor according to the provisions of a warranty or guarantee with respect to the property or with respect to the original work of the contractor;

(g) the good or service being procured is a prototype or a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases;

(h) the procurement of goods under exceptionally advantageous circumstances such as a bankruptcy or receivership, but not to make routine purchases; or

(i) the procurement of an original work of art.

Mutual agreement if only one supplier - international trade agreements

157(1)A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement if only one prospective supplier is able to meet the procurement requirements in any of the following circumstances:

(a) the procurement contract is to be awarded to the winner of a design contest;

(b) the procurement contract is for subscriptions to newspapers, magazines or other periodicals; or

(c) the goods procured must be compatible with existing products.

157(2)If an international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is no greater than 355,000 SDRs.

Mutual agreement permitted

158So long as a procuring entity is not doing so for the purpose of avoiding competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:

(a) services with an estimated value of less than $50,000, if it can be shown that due to a need for specific skills, knowledge or experience, only one person or a very limited number of persons meet the requirements of the procurement;

(b) goods or services immediately required due to an unforeseen emergency situation that is not attributable to the procuring entity and the goods or services cannot be obtained in a timely manner through an open procurement process;

(c) goods or services that, if procured by an open competitive bidding process, would impair the procuring entity’s ability to maintain security or order or to protect human, animal or plant life or health;

(d) goods intended for resale to the public;

(e) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;

(f) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;

(g) goods that are legally restricted from moving interprovincially, if the restriction is consistent with the applicable trade agreements;

(h) the services of a financial analyst or the management of investments by an organization, if that is one of the organization’s primary purposes;

(i) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;

(j) health services and social services;

(k) advertising and public relation services, if the estimated value is less than $200,000;

(l) goods and services procured from a Schedule A entity, a Schedule B entity, another jurisdiction or a public body;

(m) transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects;

(n) construction materials if it can be demonstrated that transportation costs or technical considerations impose geographical limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and premixed concrete used in the construction or repair of roads; and

(o) goods or services related to cultural or artistic fields.

Mutual agreement permitted - international trade agreements

159(1)So long as a procuring entity is not doing so for the purpose of avoiding competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:

(a) goods or services urgently required due to an unforeseen circumstance that is not attributable to the procuring entity and the goods or services cannot be obtained in a timely manner through an open procurement process;

(b) goods or consulting services regarding matters of a confidential or privileged nature, if the disclosure of those matters through an open competitive bidding process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest;

(c) goods or services procured under a contract that is to be awarded under a cooperation agreement that is financed, in whole or in part, by an international cooperation organization, but only to the extent that the agreement between the procuring entity and the organization includes rules for awarding contracts that differ from the obligations set out in the applicable trade agreements;

(d) if the procuring entity operates a sporting or convention facility, goods or services procured in order to comply with a commercial agreement that is incompatible with a trade agreement and that was entered into with an entity that is not subject to a trade agreement;

(e) goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 158(f);

(f) goods procured for representational or promotional purposes; and

(g) services procured for representational or promotional purposes outside the Province.

159(2)If an international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is no greater than 355,000 SDRs.

Regional economic development - exemption for Schedule A entity

160In exceptional circumstances and after consultation with Treasury Board, the Minister may enter into a procurement contract with a prospective supplier by mutual agreement for the purposes of regional economic development if

(a) the Minister determines that a region of the Province may gain a significant economic benefit from doing so, and

(b) the procurement will comply with applicable trade agreements.

2016, c.37, s.151

Regional economic development - exemption for Schedule B entity

161In exceptional circumstances and after consultation with Treasury Board, the Minister may grant to a Schedule B entity a temporary exemption under section 18 of the Act for the purposes of regional economic development if

(a) the Schedule B entity has demonstrated to the satisfaction of the Minister that a region of the Province may gain a significant economic benefit from granting the exemption, and

(b) the procurement will comply with applicable trade agreements.

2016, c.37, s.151

5

GENERAL PROVISIONS

Procurement documented

162Regardless of the value of a procurement contract or the procurement method used, a procuring entity shall maintain all documents related to a procurement, including those necessary to justify the procurement method used.

Prohibitions

163(1)No person shall prepare, design or otherwise structure a procurement or separate procurement requirements in order to avoid the requirements of the Act or this Regulation or to avoid the rules set out in a trade agreement.

163(2)No person shall select a method for evaluating bid submissions in order to avoid the requirements of the Act or this Regulation.

Temporary exemptions

164The Minister may grant a temporary exemption under section 3 or 18 of the Act if the temporary exemption is compatible with applicable trade agreements and the Minister is satisfied that

(a) the safety of persons or property may be put at risk if the temporary exemption is not granted, or

(b) savings will be realized if the temporary exemption is granted.

Joint procurement

165(1)When a Schedule A entity and a Schedule B entity jointly procure goods or services, the provisions of the Act and this Regulation applicable to the entity that are the more restrictive in nature shall apply to the procurement process.

165(2)When an organization or jurisdiction that is not subject to the Act and this Regulation procures goods or services

(a) on behalf of a Schedule A entity, the Minister shall ensure that sections 16, 89 and 96 are complied with, and

(b) on behalf of a Schedule B entity, the Schedule B entity shall ensure that sections 59, 89 and 96 are complied with.

Professional services exempted

166The services that are legislatively required to be provided by the following licensed professionals are exempt from the application of the Act:

(a) engineers;

(b) architects;

(c) land surveyors;

(d) accountants;

(e) lawyers;

(f) notaries;

(g) medical doctors;

(h) dentists;

(i) nurses;

(j) midwives;

(k) pharmacists;

(l) psychologists; and

(m) veterinarians.

6

COMMENCEMENT

Commencement

167This Regulation comes into force on October 15, 2014.

SCHEDULE A

Department of Agriculture, Aquaculture and Fisheries

Department of Education and Early Childhood Development

Department of Energy and Resource Development

Department of Environment and Local Government

Department of Finance

Department of Health

Department of Justice and Public Safety

Department of Post-Secondary Education, Training and Labour

Department of Social Development

Department of Tourism, Heritage and Culture

Department of Transportation and Infrastructure

Elections New Brunswick

Executive Council Office

Labour and Employment Board

Language Training Centre

Legislative Assembly

New Brunswick Police Commission

New Brunswick Women’s Council

Office of the Attorney General

Office of the Auditor General

Office of the Comptroller

Office of the Leader of the Opposition

Office of the Lieutenant-Governor

Office of the Premier

Opportunities New Brunswick

Regional Development Corporation

Regional Health Authority A

Regional Health Authority B

Service New Brunswick

Treasury Board

2015, c.2, s.67; 2015, c.44, s.104; 2015-65; 2016, c.37, s.151; 2016, c.33, s.19

SCHEDULE B

Ambulance New Brunswick Inc.

Collège communautaire du Nouveau-Brunswick (CCNB)

Financial and Consumer Services Commission

Kings Landing Corporation

Mount Allison University

Municipalities as defined in the Municipalities Act

New Brunswick Community College (NBCC)

New Brunswick Economic and Social Inclusion Corporation

New Brunswick Energy Marketing Corporation

New Brunswick Health Council

New Brunswick Highway Corporation

New Brunswick Housing Corporation

New Brunswick Power Corporation

New Brunswick Research and Productivity Council

Regional municipalities incorporated under the Municipalities Act

Regional service commissions established under the Regional Service Delivery Act

Rural communities as defined in the Municipalities Act

St. Thomas’ University

The University of New Brunswick

Université de Moncton

Workplace Health, Safety and Compensation Commission

2015, c.2, s.67; 2015, c.44, s.104; 2015-65; 2016, c.28, s.82; 2017, c.3, s.31

SCHEDULE C

Offences Resulting in Disqualification

Provision	Description of offence	Period of Disqualification
Criminal Code(Canada)
119	Bribery of judicial officers	5 years
120	Bribery of officers	5 years
121(1)	Frauds on the government	5 years
122	Breach of trust by public officer	5 years
123	Municipal corruption	5 years
124	Selling or purchasing office	5 years
125	Influencing or negotiating appointments or dealing in offices	5 years
132	Perjury (in connection with a public contract)	5 years
136	Witness giving contradictory evidence (in connection with a public contract)	5 years
139	Obstructing justice	1 year
220	Causing death by criminal negligence (in connection with a public contract)	5 years
221	Causing bodily harm by criminal negligence (in connection with a public contract)	5 years
236	Manslaughter (in connection with a public contract)	5 years
336	Criminal breach of trust	5 years
346	Extortion	2 years
362	False pretence or false statement	5 years
366	Forgery	5 years
368	Use, trafficking or possession of forged document	5 years
374	Drawing document without authority	1 year
375	Obtaining something by instrument based on forged document	5 years
380	Fraud – property, money or valuable security or service	5 years
382	Fraudulent manipulation of stock exchange transactions	2 years
382.1	Prohibited insider trading and tipping	2 years
388	Misleading receipt or acknowledgment	5 years
390	Fraudulent receipts, certificates or acknowledgments under the Bank Act	1 year
392	Disposal of property to defraud creditors	1 year
397	Falsification of books and documents	5 years
398	Falsifying employment record	5 years
402	Trader failing to keep accounts	1 year
422	Criminal breach of contract	2 years
423	Intimidation (in connection with a public contract)	2 years
423.1	Intimidation of a justice system participant or a journalist	2 years
425	Offences by employers	2 years
425.1	Threats and retaliation against employees	2 years
426	Secret commissions	2 years
430(2)	Mischief causing actual danger to life	2 years
430(5.1)	Act or omission likely to constitute mischief	2 years
462.31	Laundering proceeds of crime	5 years
463	Attempts and accessories	Period identical to the period relating to the offence concerned
464	Counselling offence that is not committed	Period identical to the period relating to the offence concerned
465	Conspiracy	Period identical to the period relating to the offence concerned
467.11	Participation in activities of criminal organization	5 years
467.12	Commission of offence for criminal organization	5 years
467.13	Instructing commission of offence for criminal organization	5 years

Competition Act (Canada)
45	Conspiracies, agreements or arrangements between competitors	5 years
46	Implementation of foreign directives	5 years
47	Bid-rigging	5 years

Corruption of Foreign Public Officials Act (Canada)
3	Bribing a foreign public official	5 years

Controlled Drugs and Substances Act (Canada)
5	Trafficking in substance and possession for purpose of trafficking	5 years
6	Importing or exporting substances and possession for the purpose of exporting	5 years
7	Production of substance	5 years

Income Tax Act (Canada)
239(1)(a)	Making, or participating in, assenting to or acquiescing in the making of, false or deceptive statements in a return, certificate, statement or answer	5 years
239(1)(b)	Destroying, altering, mutilating or otherwise disposing of records or books of account to evade payment of taxes	5 years
239(1)(c)	Making, or assenting to or acquiescing in the making of, false or deceptive entries, or omitting to enter, or assenting to or acquiescing in the omission of, a material particular, in records or books of account of a taxpayer	5 years
239(1)(d)	Wilfully evading or attempting to evade compliance with the Act or payment of taxes	5 years
239(1)(e)	Conspiring with any person to commit an offence described in paragraphs 239(1)(a) to (d)	5 years

Excise Tax Act (Canada)
327(1)(a)	Making, or participating in, assenting to or acquiescing in the making of, false or deceptive statements in a return, application, certificate, statement, document or answer	5 years
327(1)(b)(i)	Destroying, altering, mutilating, secreting or otherwise disposing of documents for the purpose of evading payment or remittance of any tax or obtaining a refund or rebate to which the person is not entitled	5 years
327(1)(b)(ii)	Making, or assenting to or acquiescing in the making of, false or deceptive entries, or omitting, or assenting to or acquiescing in the omission, to enter a material particular in the documents of a person for the purpose of evading payment or remittance of any tax or obtaining a refund or rebate to which the person is not entitled	5 years
327(1)(c)	Wilfully evading or attempting to evade compliance with the Act or payment or remittance of tax or net tax imposed under the Act	5 years
327(1)(d)	Wilfully, in any manner, obtaining or attempting to obtain a rebate or refund to which the person is not entitled	5 years
327(1)(e)	Conspiring with any person to commit an offence described in paragraphs 327(1)(a) to (c)	5 years

N.B. This Regulation is consolidated to May 4, 2017.

2014-93 - Goods and Services

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