Acts and Regulations

2012, c.20 - Procurement Act

Full text
Regulations
29The Lieutenant-Governor in Council may make regulations
(a) prescribing entities for the purposes of the definition “Schedule A entity”;
(b) prescribing entities for the purposes of the definition “Schedule B entity”;
(b.1) prescribing entities for the purposes of the definition “Schedule 1 entity”;
(b.2) prescribing entities for the purposes of the definition “Schedule 2 entity”;
(c) specifying the goods and services that a Schedule A entity is not required to obtain through the Minister;
(c.1) specifying the construction services that a Schedule 1 entity is not required to obtain through the Minister;
(d) specifying the circumstances in which and the thresholds under which a Schedule A entity is not required to obtain goods and services through the Minister;
(d.1) specifying the circumstances in which and the thresholds under which a Schedule 1 entity is not required to obtain construction services through the Minister;
(e) specifying the circumstances in which the Minister may grant a temporary exemption under section 3 or 18;
(f) respecting the terms and conditions on which the Minister may procure goods or services on behalf of a Schedule B entity, a public body, a jurisdiction or a private organization;
(f.1) respecting the terms and conditions on which the Minister may procure construction services on behalf of a Schedule 2 entity, a public body or a jurisdiction;
(g) respecting the terms and conditions on which a Schedule B entity may procure goods or services on behalf of the Minister, another Schedule B entity, a public body, a jurisdiction or a private organization;
(g.1) respecting the terms and conditions on which a Schedule 2 entity may procure construction services on behalf of the Minister, another Schedule 2 entity, a public body or a jurisdiction;
(h) prescribing the procurement methods, including alternative procurement methods, used by the Minister, a Schedule A entity, a Schedule B entity, a Schedule 1 entity or a Schedule 2 entity;
(i) prescribing the rules concerning the procurement methods, including specifying when and how they are to be used and the applicable thresholds;
(j) exempting a Schedule B entity from the application of the rules concerning the procurement methods, and specifying the circumstances in which and the goods and services for which a Schedule B entity is exempt from the application of the rules;
(j.1) exempting a Schedule 2 entity from the application of the rules concerning the procurement methods, and specifying the circumstances in which and the construction services for which a Schedule 2 entity is exempt from the application of the rules;
(k) specifying the reasons for refusing bids;
(l) prescribing the procurement methods used by the Minister, a Schedule B entity or a Schedule 2 entity in urgent and emergency situations, including specifying when and how they are to be used;
(m) authorizing a Schedule B entity to enter into an agreement with a private organization for the purposes of procuring goods and services on behalf of the private organization;
(n) prescribing the circumstances under which the Minister or a Schedule B entity may give preferential treatment to a prospective supplier and the manner in which and the method by which preferential treatment may be given to a prospective supplier, including the following:
(i) prescribing classes of prospective suppliers;
(ii) extending different levels of preferential treatment to prospective suppliers based on the class to which they belong; and
(iii) establishing an order of priority for receiving preferential treatment based on the classes of prospective suppliers;
(n.1) prescribing the circumstances under which the Minister or a Schedule 2 entity may give preferential treatment to a prospective contractor and the manner in which and the method by which preferential treatment may be given to a prospective contractor, including the following:
(i) prescribing classes of prospective contractors;
(ii) extending different levels of preferential treatment to prospective contractors based on the class to which they belong; and
(iii) establishing an order of priority for receiving preferential treatment based on the classes of prospective contractors;
(o) prescribing the offences under an Act of Parliament or any other Act of the Legislature or the regulations under those Acts for the purposes of the regime in which a conviction for any of the prescribed offences results in the disqualification of a prospective supplier from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, and prescribing the period of time the prospective supplier is disqualified, which period of time may vary for different prescribed offences;
(o.1) prescribing the offences under an Act of Parliament or any other Act of the Legislature or the regulations under those Acts for the purposes of the regime in which a conviction for any of the prescribed offences results in the disqualification of a prospective contractor from providing construction services to the Schedule 1 entities or a Schedule 2 entity, as the case may be, and prescribing the period of time the prospective contractor is disqualified, which period of time may vary for different prescribed offences;
(p) prescribing the reasons, period of time and scope of a disqualification by the Minister of a prospective supplier to provide goods or services to the Schedule A entities and, if none are prescribed, authorizing the Minister to determine, within prescribed parameters, the period of time, commencement date and scope of a disqualification;
(p.1) prescribing the reasons, period of time and scope of a disqualification by the Minister of a prospective contractor from providing construction services to the Schedule 1 entities and, if none are prescribed, authorizing the Minister to determine, within prescribed parameters, the period of time, commencement date and scope of a disqualification;
(q) prescribing the process by which and the reasons for which the Minister may disqualify a prospective supplier from providing goods or services to the Schedule A entities, including past performance, and the process by which and the reasons for which the Minister may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before they are disqualified;
(q.1) prescribing the process by which and the reasons for which the Minister may disqualify a prospective contractor from providing construction services to the Schedule 1 entities, including past performance, and the process by which and the reasons for which the Minister may reinstate a prospective contractor and prescribing the review process available to a prospective contractor before they are disqualified;
(r) prescribing the reasons, period of time and scope of a disqualification by a Schedule B entity of a prospective supplier to provide goods or services to the Schedule B entity and, if none are prescribed, authorizing the Schedule B entity to determine, within prescribed parameters, the period of time, commencement date and scope of a disqualification;
(r.1) prescribing the reasons, period of time and scope of a disqualification by a Schedule 2 entity of a prospective contractor from providing construction services to the Schedule 2 entity and, if none are prescribed, authorizing the Schedule 2 entity to determine, within prescribed parameters, the period of time, commencement date and scope of a disqualification;
(s) prescribing the process by which and the reasons for which a Schedule B entity may disqualify a prospective supplier from providing goods or services to the Schedule B entity, including past performance, and the process by which and the reasons for which a Schedule B entity may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(s.1) prescribing the process by which and the reasons for which a Schedule 2 entity may disqualify a prospective contractor from providing construction services to the Schedule 2 entity, including past performance, and the process by which and the reasons for which a Schedule 2 entity may reinstate a prospective contractor and prescribing the review process available to a prospective contractor before they are disqualified;
(t) prescribing the measures the Minister or a Schedule B entity may take when a supplier becomes disqualified from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, during the performance of an agreement to purchase, rent or lease goods and services;
(t.1) prescribing the measures the Minister or a Schedule 2 entity may take when a contractor becomes disqualified from providing construction services to the Schedule 1 entities or a Schedule 2 entity, as the case may be, during the performance of a contract for construction services;
(t.2) authorizing the Minister of Transportation and Infrastructure to establish the form and content of a short form contract for construction services or a standard contract for construction services and to approve the form and content of an alternate form of contract for construction services;
(t.3) prescribing the circumstances in which a short form contract for construction services or a standard contract for construction services is to be used and authorizing the Minister of Transportation and Infrastructure to determine the circumstances in which an alternate form of contract for construction services is to be used;
(t.4) governing the contracts for construction services, including authorizing the collection of personal information either directly from an individual to whom the information relates or indirectly from another person;
(t.5) prescribing the types of bonds or security to be provided by a prospective contractor and specifying the circumstances in which each type is to be provided;
(t.6) authorizing the Minister of Transportation and Infrastructure to establish the form and content of an irrevocable standby letter of credit for the purposes of procurement of construction services;
(t.7) governing the substitution of a subcontractor or supplier during the procurement of construction services;
(t.8) in the event that a Schedule 1 entity or a Schedule 2 entity is a party to a contract for construction services, authorizing the head of the entity to delegate the authority to negotiate and settle any request by a contractor for an extension of time for the completion of work to be performed under the contract or any claim made by a contractor for additional money in respect of work performed under the contract;
(u) prescribing electronic tendering systems;
(v) respecting the public advertisement of solicitations on electronic tendering systems;
(w) exempting goods, services and construction services from the application of this Act, including the thresholds, if any, that apply to the exemptions;
(x) defining any word or expression used in but not defined in this Act;
(y) respecting any other matter or thing that is considered necessary for carrying out the purposes of this Act.
2014, c.59, s.1; 2021, c.38, s.30
Regulations
29The Lieutenant-Governor in Council may make regulations
(a) prescribing entities for the purposes of the definition “Schedule A entity”;
(b) prescribing entities for the purposes of the definition “Schedule B entity”;
(c) specifying the goods and services that a Schedule A entity is not required to obtain through the Minister;
(d) specifying the circumstances in which and the thresholds under which a Schedule A entity is not required to obtain goods and services through the Minister;
(e) specifying the circumstances in which the Minister may grant a temporary exemption under section 3 or 18;
(f) respecting the terms and conditions on which the Minister may procure goods or services on behalf of a Schedule B entity, a public body, a jurisdiction or a private organization;
(g) respecting the terms and conditions on which a Schedule B entity may procure goods or services on behalf of the Minister, another Schedule B entity, a public body, a jurisdiction or a private organization;
(h) prescribing the procurement methods, including alternative procurement methods, used by the Minister, a Schedule A entity or a Schedule B entity;
(i) prescribing the rules concerning the procurement methods, including specifying when and how they are to be used and the applicable thresholds;
(j) exempting a Schedule B entity from the application of the rules concerning the procurement methods, and specifying the circumstances in which and the goods and services for which a Schedule B entity is exempt from the application of the rules;
(k) specifying the reasons for refusing bids;
(l) prescribing the procurement methods used by the Minister or a Schedule B entity in urgent and emergency situations, including specifying when and how they are to be used;
(m) authorizing a Schedule B entity to enter into an agreement with a private organization for the purposes of procuring goods and services on behalf of the private organization;
(n) prescribing the circumstances under which the Minister or a Schedule B entity may give preferential treatment to a prospective supplier and the manner in which and the method by which preferential treatment may be given to a prospective supplier, including the following:
(i) prescribing classes of prospective suppliers;
(ii) extending different levels of preferential treatment to prospective suppliers based on the class to which they belong; and
(iii) establishing an order of priority for receiving preferential treatment based on the classes of prospective suppliers;
(o) prescribing the offences under an Act of Parliament or any other Act of the Legislature or the regulations under those Acts for the purposes of the regime in which a conviction for any of the prescribed offences results in the disqualification of a prospective supplier from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, and prescribing the period of time the prospective supplier is disqualified, which period of time may vary for different prescribed offences;
(p) prescribing the reasons, period of time and scope of a disqualification by the Minister of a prospective supplier to provide goods or services to the Schedule A entities and, if none are prescribed, authorizing the Minister to determine, within prescribed parameters, the period of time and scope of a disqualification;
(q) prescribing the process by which and the reasons for which the Minister may disqualify a prospective supplier from providing goods or services to the Schedule A entities, including past performance, and the process by which and the reasons for which the Minister may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(r) prescribing the reasons, period of time and scope of a disqualification by a Schedule B entity of a prospective supplier to provide goods or services to the Schedule B entity and, if none are prescribed, authorizing the Schedule B entity to determine, within prescribed parameters, the period of time and scope of a disqualification;
(s) prescribing the process by which and the reasons for which a Schedule B entity may disqualify a prospective supplier from providing goods or services to the Schedule B entity, including past performance, and the process by which and the reasons for which a Schedule B entity may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(t) prescribing the measures the Minister or a Schedule B entity may take when a supplier becomes disqualified from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, during the performance of an agreement to purchase, rent or lease goods and services;
(u) prescribing electronic tendering systems;
(v) respecting the public advertisement of solicitations on electronic tendering systems;
(w) exempting goods and services from the application of this Act, including the thresholds, if any, that apply to the exemptions;
(x) defining any word or expression used in but not defined in this Act;
(y) respecting any other matter or thing that is considered necessary for carrying out the purposes of this Act.
2014, c.59, s.1
Regulations
29The Lieutenant-Governor in Council may make regulations
(a) prescribing entities for the purposes of the definition “Schedule A entity”;
(b) prescribing entities for the purposes of the definition “Schedule B entity”;
(c) specifying the goods and services that a Schedule A entity is not required to obtain through the Minister;
(d) specifying the circumstances in which and the thresholds under which a Schedule A entity is not required to obtain goods and services through the Minister;
(e) specifying the circumstances in which the Minister may grant a temporary exemption under section 3 or 18;
(f) respecting the terms and conditions on which the Minister may procure goods or services on behalf of a Schedule B entity, a public body, a jurisdiction or a private organization;
(g) respecting the terms and conditions on which a Schedule B entity may procure goods or services on behalf of the Minister, another Schedule B entity, a public body, a jurisdiction or a private organization;
(h) prescribing the procurement methods, including alternative procurement methods, used by the Minister, a Schedule A entity or a Schedule B entity;
(i) prescribing the rules concerning the procurement methods, including specifying when and how they are to be used and the applicable thresholds;
(j) exempting a Schedule B entity from the application of the rules concerning the procurement methods, and specifying the circumstances in which and the goods and services for which a Schedule B entity is exempt from the application of the rules;
(k) specifying the reasons for refusing bids;
(l) prescribing the procurement methods used by the Minister or a Schedule B entity in urgent and emergency situations, including specifying when and how they are to be used;
(m) authorizing a Schedule B entity to enter into an agreement with a private organization for the purposes of procuring goods and services on behalf of the private organization;
(n) prescribing the circumstances under which the Minister or a Schedule B entity may give preferential treatment to a prospective supplier and the manner in which and the method by which preferential treatment may be given to a prospective supplier, including the following:
(i) prescribing classes of prospective suppliers;
(ii) extending different levels of preferential treatment to prospective suppliers based on the class to which they belong; and
(iii) establishing an order of priority for receiving preferential treatment based on the classes of prospective suppliers;
(o) prescribing the offences under an Act of Parliament or any other Act of the Legislature or the regulations under those Acts for the purposes of the regime in which a conviction for any of the prescribed offences results in the disqualification of a prospective supplier from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, and prescribing the period of time the prospective supplier is disqualified, which period of time may vary for different prescribed offences;
(p) prescribing the reasons, period of time and scope of a disqualification by the Minister of a prospective supplier to provide goods or services to the Schedule A entities and, if none are prescribed, authorizing the Minister to determine, within prescribed parameters, the period of time and scope of a disqualification;
(q) prescribing the process by which and the reasons for which the Minister may disqualify a prospective supplier from providing goods or services to the Schedule A entities, including past performance, and the process by which and the reasons for which the Minister may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(r) prescribing the reasons, period of time and scope of a disqualification by a Schedule B entity of a prospective supplier to provide goods or services to the Schedule B entity and, if none are prescribed, authorizing the Schedule B entity to determine, within prescribed parameters, the period of time and scope of a disqualification;
(s) prescribing the process by which and the reasons for which a Schedule B entity may disqualify a prospective supplier from providing goods or services to the Schedule B entity, including past performance, and the process by which and the reasons for which a Schedule B entity may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(t) prescribing the measures the Minister or a Schedule B entity may take when a supplier becomes disqualified from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, during the performance of an agreement to purchase, rent or lease goods and services;
(u) prescribing electronic tendering systems;
(v) respecting the public advertisement of solicitations on electronic tendering systems;
(w) exempting goods and services from the application of this Act, including the thresholds, if any, that apply to the exemptions;
(x) defining any word or expression used in but not defined in this Act;
(y) respecting any other matter or thing that is considered necessary for carrying out the purposes of this Act.
2014, c.59, s.1
Regulations
29The Lieutenant-Governor in Council may make regulations
(a) prescribing entities for the purposes of the definition “Schedule A entity”;
(b) prescribing entities for the purposes of the definition “Schedule B entity”;
(c) specifying the goods and services that a Schedule A entity is not required to obtain through the Minister;
(d) specifying the circumstances in which and the thresholds under which a Schedule A entity is not required to obtain goods and services through the Minister;
(e) specifying the circumstances in which the Minister may grant a temporary exemption under section 3 or 18;
(f) respecting the terms and conditions on which the Minister may procure goods or services on behalf of a Schedule B entity, a public body, a jurisdiction or a private organization;
(g) respecting the terms and conditions on which a Schedule B entity may procure goods or services on behalf of the Minister, another Schedule B entity, a public body, a jurisdiction or a private organization;
(h) prescribing the procurement methods, including alternative procurement methods, used by the Minister, a Schedule A entity or a Schedule B entity;
(i) prescribing the rules concerning the procurement methods, including specifying when and how they are to be used and the applicable thresholds;
(j) exempting a Schedule B entity from the application of the rules concerning the procurement methods, and specifying the circumstances in which and the goods and services for which a Schedule B entity is exempt from the application of the rules;
(k) specifying the reasons for refusing bids;
(l) prescribing the procurement methods used by the Minister or a Schedule B entity in urgent and emergency situations, including specifying when and how they are to be used;
(m) authorizing a Schedule B entity to enter into an agreement with a private organization for the purposes of procuring goods and services on behalf of the private organization;
(n) respecting the circumstances under which the Minister or a Schedule B entity may give preferential treatment to a prospective supplier;
(o) prescribing the offences under an Act of Parliament or any other Act of the Legislature or the regulations under those Acts for the purposes of the regime in which a conviction for any of the prescribed offences results in the disqualification of a prospective supplier from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, and prescribing the period of time the prospective supplier is disqualified, which period of time may vary for different prescribed offences;
(p) prescribing the reasons, period of time and scope of a disqualification by the Minister of a prospective supplier to provide goods or services to the Schedule A entities and, if none are prescribed, authorizing the Minister to determine, within prescribed parameters, the period of time and scope of a disqualification;
(q) prescribing the process by which and the reasons for which the Minister may disqualify a prospective supplier from providing goods or services to the Schedule A entities, including past performance, and the process by which and the reasons for which the Minister may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(r) prescribing the reasons, period of time and scope of a disqualification by a Schedule B entity of a prospective supplier to provide goods or services to the Schedule B entity and, if none are prescribed, authorizing the Schedule B entity to determine, within prescribed parameters, the period of time and scope of a disqualification;
(s) prescribing the process by which and the reasons for which a Schedule B entity may disqualify a prospective supplier from providing goods or services to the Schedule B entity, including past performance, and the process by which and the reasons for which a Schedule B entity may reinstate a prospective supplier and prescribing the review process available to a prospective supplier before he or she is disqualified;
(t) prescribing the measures the Minister or a Schedule B entity may take when a supplier becomes disqualified from providing goods or services to the Schedule A entities or a Schedule B entity, as the case may be, during the performance of an agreement to purchase, rent or lease goods and services;
(u) prescribing electronic tendering systems;
(v) respecting the public advertisement of solicitations on electronic tendering systems;
(w) exempting goods and services from the application of this Act, including the thresholds, if any, that apply to the exemptions;
(x) defining any word or expression used in but not defined in this Act;
(y) respecting any other matter or thing that is considered necessary for carrying out the purposes of this Act.