Acts and Regulations

P-23.1 - Public Purchasing Act

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Repealed on 1 September 2011
CHAPTER P-23.1
Public Purchasing Act
Assented to April 18, 1974
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“Branch” means the Central Purchasing Branch established under section 2;(Direction)
“department” means(ministère)
(a) any department of the government of the Province,
(b) any other portion of the public service, other than a government funded body, and
(c) any other body or office, other than a government funded body, whose operation is effected through money appropriated for the purpose and paid out of the Consolidated Fund
prescribed by regulation;
“electronic bulletin board” means an electronic bulletin board prescribed by regulation;(babillard électronique)
“emergency” Repealed: 1995, c.44, s.1
“government funded body” means any body corporate, corporation, municipality, rural community, university, board, commission and body prescribed by regulation;(organisme financé par le gouvernement)
“Minister” means the Minister of Transportation and Infrastructure and includes a person designated under section 1.1 to act on the Minister’s behalf;(Ministre)
“public advertisement” means an advertisement in a newspaper or on one or more electronic bulletin boards;(annonce publique)
“services” means services required by a department or a government funded body for the transaction of its business and affairs;(services)
“supplies” means goods, wares and merchandise required by a department or a government funded body for the transaction of its business and affairs, and includes all furnishings, whether fixtures or otherwise, all equipment and all stationery and includes services that are furnished incidental to the supply of such goods, wares and merchandise;(approvisionnements)
“vendor” means a person carrying on the business of providing services or selling supplies to a department or government funded body.(vendeur)
1975, c.48, s.1; 1984, c.57, s.1; 1994, c.37, s.1; 1995, c.44, s.1; 2005, c.7, s.67; 2010, c.31, s.112
Administration
1.1The Minister is responsible for the administration of this Act and may designate persons to act on his behalf.
1984, c.57, s.2
Establishment of Central Purchasing Branch
2(1)There shall be a branch of the public service of the Province to be
(a) known as the Central Purchasing Branch, and
(b) attached to and to form part of the Department of Supply and Services.
2(2)The Branch shall assist the Minister in carrying out the Minister’s duties under this Act.
1994, c.37, s.2
Purchase of services and supplies by department
3(1)Except as otherwise provided in this Act or in the regulations, each department shall purchase its services and supplies through the Minister.
3(2)Except as otherwise provided in this Act and the regulations, the Minister shall acquire by purchase or otherwise all services and supplies that are required by a department.
1994, c.37, s.3
Purchase of services and supplies on behalf of government funded body
3.1The Minister may, upon the request of a government funded body, purchase services and supplies on behalf of the government funded body in accordance with section 4 and the regulations.
1984, c.57, s.3; 1994, c.37, s.4
Agreements by Minister
3.2(1)The Minister may enter into and amend an agreement with
(a) the government of Canada or a department, agency or body under the jurisdiction of that government,
(b) the government of a province or a territory or a department, agency or body under the jurisdiction of that province or territory,
(c) an agency or a body under the jurisdiction of this province, or
(d) any other body or person
that may be necessary or desirable for carrying out the purposes of this Act.
3.2(2)The Minister may do such things and may authorize persons to do such things as are necessary or desirable to give effect to an agreement entered into or amended under subsection (1).
1994, c.37, s.5; 1995, c.44, s.2
Rules respecting purchases by Minister and government funded bodies
4(1)Subject to subsections (4) and (5) and the regulations, where services or supplies are to be purchased by the Minister on behalf of a department or by a government funded body, whether alone or on a joint purchase basis, the Minister or the government funded body shall ensure that tenders are issued for the purchase of the services or supplies in accordance with the following rules:
(a) where the total estimated cost of all services to be purchased, whether purchased alone or on a joint purchase basis, exceeds an amount prescribed by regulation, tenders shall be requested by public advertisement;
(b) where the total estimated cost of all supplies to be purchased, whether purchased alone or on a joint purchase basis, exceeds an amount prescribed by regulation, tenders shall be requested by public advertisement;
(c) where the total estimated cost of all services to be purchased, whether purchased alone or on a joint purchase basis, does not exceed the amount referred to in paragraph (a) but exceeds another amount prescribed by regulation, tenders shall be requested by public advertisement or from vendors on a vendors list;
(d) where the total estimated cost of all supplies to be purchased, whether purchased alone or on a joint purchase basis, does not exceed the amount referred to in paragraph (b) but exceeds another amount prescribed by regulation, tenders shall be requested by public advertisement or from vendors on a vendors list;
(e) nothing in this subsection prevents the Minister or a government funded body from requesting or accepting a tender from a vendor not on a vendors list;
(f) tenders that are requested by public advertisement pursuant to paragraph (a) or (b) shall not specify a closing date for acceptance of tenders before the period of time prescribed by regulation has elapsed;
(g) all vendors to whom tenders are issued shall be notified of the date and time for the opening of tenders and may attend the opening of tenders;
(h) the Minister and each government funded body shall maintain a vendors list upon which shall be placed the names of all vendors who comply with the standards as to pricing, delivery and service and other criteria as determined by the Minister or the government funded body and who request in writing to be placed upon the list; and
(i) the Minister and each government funded body shall make their respective vendors lists available for public inspection during business hours.
4(2)Repealed: 1995, c.44, s.3
4(3)Except where permitted by regulation, the Minister or a government funded body shall not give preferential treatment to a vendor on the basis of the province of origin of supplies or on the basis of the province of origin or place of business of the vendor.
4(4)Where the Minister is satisfied that it is practicable and in the best interests of the Province, the Minister may
(a) request at least three proposals from vendors in respect of the services or supplies sought, and
(b) enter into negotiations with a vendor for the purchase of the services or supplies and purchase the services or supplies.
4(5)The Minister may, upon the recommendation of the committee established under section 6.1,
(a) waive the provisions of subsection (1), and
(b) enter into negotiations with a vendor for the purchase of services or supplies and purchase the services or supplies.
4(6)A government funded body shall submit a report to the Minister with respect to its acquisition of services and supplies in the time and manner required by the Minister with such information as the Minister may require.
1975, c.48, s.2; 1984, c.57, s.4; 1994, c.37, s.6; 1995, c.44, s.3
Application for exemption by government funded body
4.1(1)Where it is not practicable to follow the requirements of section 4 or the regulations or any provision of section 4 or the regulations, a government funded body may apply to the Minister for a temporary exemption from compliance with section 4 or the regulations or any provision of section 4 or the regulations.
4.1(2)Where the Minister is satisfied that a temporary exemption from compliance is warranted, the Minister may grant a temporary exemption to a government funded body and such exemption shall be in writing, shall specify the services or supplies in respect of which the exemption is granted, the provisions of section 4 or the regulations in respect of which the exemption is granted and the period of time for which the exemption is granted.
4.1(3)An exemption granted by the Minister under subsection (2) shall be subject to such terms and conditions as are specified by the Minister, shall not be for a period greater than twelve months from the time it is granted and shall not be renewed.
1994, c.37, s.7
Payments out of Consolidated Fund
5(1)Subject to subsection (2), the Comptroller shall refuse the payment of money out of the Consolidated Fund to satisfy a commitment by a department to purchase services or supplies unless the Comptroller is satisfied
(a) that the services or supplies were purchased by the Minister on behalf of the department, or
(b) that the department was authorized by this Act or the regulations to purchase the services or supplies otherwise than through the Minister.
5(2)Where the Minister is satisfied that the contravention of this Act or the regulations with regard to the purchase of services or supplies is due to inadvertence, the Minister may so certify to the Comptroller in writing and authorize the Comptroller to approve payment for the services or supplies in respect of which the contravention took place and, subject to the Financial Administration Act, the Comptroller shall approve payment.
1994, c.37, s.8
Offences and penalties
6A person employed to serve any department or government funded body who wilfully purchases or authorizes the purchase of any services or supplies in contravention of this Act or the regulations shall be deemed to have committed an act of malfeasance and is liable to suspension or dismissal.
1994, c.37, s.9
Advisory Committee
6.1The Minister may establish a committee to advise the Minister and government funded bodies on matters arising under this Act and the regulations.
1984, c.57, s.5; 1994, c.37, s.10
Regulations
7The Lieutenant-Governor in Council may make regulations
(a) prescribing departments of the government, portions of the public service and other bodies and offices for the purposes of the definition “department”;
(b) prescribing bodies corporate, corporations, municipalities, rural communities, universities, boards, commissions and bodies for the purposes of the definition “government funded body”;
(c) prescribing electronic bulletin boards;
(d) exempting services from the application of this Act;
(e) specifying the services and supplies that a department is not required to purchase through the Minister;
(f) respecting the purchase of services and supplies by a department that is not required to purchase those services and supplies through the Minister;
(g) respecting the terms and conditions upon which the Minister may purchase services or supplies on behalf of a government funded body;
(h) respecting the purchase of services and supplies by the Minister and by a government funded body;
(i) prescribing amounts for the purposes of paragraphs 4(1)(a), (b), (c) and (d);
(j) respecting the purchase of services or supplies on a joint purchase basis;
(k) respecting the public advertisement of tenders and requests for tenders for the purposes of subsection 4(1);
(l) prescribing the period of time for the purposes of paragraph 4(1)(f);
(m) respecting the circumstances under which the Minister or a government funded body may give preferential treatment to a vendor;
(n) exempting any government funded body from the application of section 4 or the regulations or any provision of section 4 or the regulations;
(o) specifying the circumstances in which and the services and supplies for which the Minister or a government funded body is exempt from the application of section 4 or the regulations or any provision of section 4 or the regulations;
(p) respecting the manner in which a department is to request the Minister to purchase services and supplies and the information to be provided by the department in connection with the request;
(q) respecting vendors lists and the registration of vendors’ agents;
(r) respecting forms;
(s) defining terms used in this Act; and
(t) respecting any other matter or thing that is considered necessary for carrying out the purposes of this Act.
1975, c.48, s.3; 1984, c.57, s.6; 1994, c.37, s.11; 1995, c.44, s.4; 2005, c.7, s.67
Commencement
8This Act or any provision thereof shall come into force on a day to be fixed by proclamation.
SCHEDULE A
Repealed: 1975, c.48, s.4
1975, c.48, s.4
N.B. This Act was proclaimed and came into force October 15, 1974.
N.B. This Act is consolidated to September 1, 2011.