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Acts and Regulations

2015-65 - Procurement Act

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NEW BRUNSWICK

REGULATION 2015-65

under the

Procurement Act

(O.C. 2015-271)

Filed November 27, 2015

1Section 9 of New Brunswick Regulation 2014-93 under the Procurement Act is amended

(a) in subsection (2) by striking out “Subsection (2)” and substituting “Subsection (1)”;

(b) by adding the following after subsection (2):

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

(a) Regional Health Authority A; and

(b) Regional Health Authority B.

2The Regulation is amended by adding after section 9 the following:

Information technology services

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;

(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.

Information technology goods

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;

(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.

3Section 12 of the Regulation is amended

(a) in subsection (4) by striking out “section 7, 8, 9 or 10” and substituting “section 7, 8, 9, 9.1, 9.2 or 10”;

(b) by adding after subsection (4) the following:

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.

4The Regulation is amended by adding after section 13 the following:

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

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.

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

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.

5The Regulation is amended by adding after section 14 the following:

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

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.

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

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.

6Section 16 of the Regulation is amended by striking out “section 13 or 14,” and substituting “section 13, 13.1, 13.2, 14, 14.1 or 14.2,”.

7Schedule A of the Regulation is amended

(a) by adding the following in alphabetical order:

Department of Human Resources

Opportunities New Brunswick

Regional Development Corporation

Regional Health Authority A

Regional Health Authority B

(b) in the French version