The following definitions apply in this Act. 2015, c.44, s.103; 2016, c.37, s.150; 2017, c.20, s.141; 2021, c.38, s.1; 2024, c.28, s.48
“buying group” means a group purchasing organization that obtains best pricing from prospective suppliers based on volume for its members.(consortium d’achat)
“Chief Executive Officer” means the Chief Executive Officer of Service New Brunswick appointed under the Service New Brunswick Act.(directeur général)
“construction services” means services relating to the construction, repair or alteration of land or structures.(services de construction)
“goods” means moveable property, including the costs of installing, operating, maintaining or manufacturing that moveable property, and includes raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a contract for construction services.(biens)
“jurisdiction” means(administration extraterritoriale)
(a) the Government of Canada or a department or agency of it,
(b) the government of any other province or territory of Canada or a department or agency of it, or
(c) the government of another country, the government of a state or territory of another country or a department or agency of them.
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act.(gouvernement local)
“Minister” means,(ministre)
(b) for the purposes of the other provisions of this Act, the member of the Executive Council designated by the Lieutenant-Governor in Council as being responsible for Service New Brunswick and includes any person designated by the member to act on the member’s behalf.
“public body” includes a public body as defined in the Right to Information and Protection of Privacy Act, but does not include a Schedule A entity, a Schedule B entity, a Schedule 1 entity or a Schedule 2 entity.(organisme public)
“procurement” means the process that normally leads to an agreement to purchase, rent or lease goods, services or construction services.(démarches)
“Schedule A entity” means an entity that is prescribed by regulation as a Schedule A entity. (entité de l’annexe A)
“Schedule B entity” means an entity that is prescribed by regulation as a Schedule B entity. (entité de l’annexe B)
“Schedule 1 entity” means an entity that is prescribed by regulation as a Schedule 1 entity.(entité de l’annexe 1)
“Schedule 2 entity” means an entity that is prescribed by regulation as a Schedule 2 entity.(entité de l’annexe 2)
“services” means any service, including printing, but does not include construction services.(services)
2015, c.44, s.1032015, c.44, s.103
Subject to subsection (2), the Minister may delegate to the Chief Executive Officer any of the Minister’s powers or duties under this Act or the regulations.
A delegation under subsection (1) shall be in writing.
In a delegation under this section the Minister
(a) shall establish the manner in which the Chief Executive Officer is to exercise the delegated authority, and
(b) may authorize the Chief Executive Officer to subdelegate in writing the powers or duties to another employee of Service New Brunswick and to impose on the subdelegate any terms and conditions that the Chief Executive Officer considers appropriate, in addition to those imposed in the Minister’s written delegation.
The Chief Executive Officer or a subdelegate to whom this section applies shall comply with the terms and conditions imposed in the Minister’s written delegation.
A subdelegate to whom this section applies shall comply with the terms and conditions imposed in the Chief Executive Officer’s written delegation.
Except as otherwise provided in this Act or in the regulations, a Schedule A entity shall obtain its goods and services through the Minister.
Except as otherwise provided in this Act or in the regulations, the Minister shall procure all the goods and services that are required by a Schedule A entity.
2021, c.38, s.22021, c.38, s.2
Except as otherwise provided in this Act or in the regulations, a Schedule 1 entity shall obtain its construction services through the Minister.
Except as otherwise provided in this Act or in the regulations, the Minister shall procure all the construction services that are required by a Schedule 1 entity.
2021, c.38, s.3
A Schedule A entity may apply to the Minister for a temporary exemption from compliance with section 2 and with some or all of the rules concerning the procurement methods prescribed by regulation.
A Schedule 1 entity may apply to the Minister for a temporary exemption from compliance with section 2.1 and with some or all of the rules concerning the procurement methods prescribed by regulation.
In accordance with the regulations, the Minister may grant a temporary exemption from compliance with section 2 or 2.1 and with some or all of the rules concerning the procurement methods prescribed by regulation if the Minister is satisfied that, as a result of the temporary exemption, it is demonstrated that a public benefit may be achieved.
A temporary exemption shall be for a period determined by the Minister and may be renewed by the Minister at any time before the exemption expires, but the total exemption period shall not exceed 24 months.
The Minister may impose terms and conditions on a temporary exemption.
A temporary exemption shall be in writing and specify the following:
(a) the goods, services or construction services in respect of which the exemption is granted;
(b) the period of time for which the exemption is granted;
(c) the provisions of the regulation in respect of which the exemption is granted; and
(d) the terms and conditions, if any, imposed by the Minister.
On the request of a Schedule B entity, the Minister may enter into an agreement with the Schedule B entity for the purposes of procuring goods and services on behalf of the Schedule B entity.
2021, c.38, s.4On the request of a Schedule 2 entity, the Minister may enter into an agreement with the Schedule 2 entity for the purposes of procuring construction services on behalf of the Schedule 2 entity. 2021, c.38, s.4
On the request of a public body, the Minister may enter into an agreement with the public body for the purposes of procuring goods, services or construction services on behalf of the public body. 2021, c.38, s.5
2021, c.38, s.6The Minister may enter into an agreement with a jurisdiction for the following purposes: 2021, c.38, s.7
(a) the Minister to procure goods, services or construction services on a joint basis on behalf of the jurisdiction; or
(b) the jurisdiction to procure goods, services or construction services on a joint basis on behalf of the Minister.
On the request of a private organization, the Minister may enter into an agreement with the private organization for the purposes of procuring goods and services on behalf of the private organization if 2017, c.20, s.141; 2021, c.44, s.49
(a) the private organization is located and operates in the Province,
(b) the private organization provides goods or services to the Province or to a local government or a rural district of the Province,
(c) the Minister is satisfied that the procurement is not in contravention of any Act of the Parliament of Canada or of the Legislature, and
(d) the Minister is satisfied that, as a result of the procurement,
(i) the Province or a local government or a rural district of the Province saves money, or
(ii) a public benefit is otherwise achieved.
If the Minister is satisfied that a buying group’s procurement practices conform with the spirit and intent of the Act, the Minister may join the buying group.
2021, c.38, s.8Except as may be provided in the regulations, the Minister shall not give preferential treatment to a prospective supplier or a prospective contractor. 2021, c.38, s.9
2021, c.38, s.112021, c.38, s.12
A Schedule B entity, by means of the head of the Schedule B entity or a person who is responsible for procurement on behalf of the Schedule B entity, shall procure all the goods and services that are required by the Schedule B entity and, in order to do so, may enter into agreements authorized by this Act.
A Schedule 2 entity, by means of the head of the Schedule 2 entity or a person who is responsible for procurement on behalf of the Schedule 2 entity, shall procure all the construction services that are required by the Schedule 2 entity and, in order to do so, may enter into agreements authorized by this Act.
2021, c.38, s.13
The head of a Schedule B entity or a Schedule 2 entity or a person who is responsible for procurement on behalf of the entity may delegate any power, authority, right, duty or responsibility conferred or imposed on them under this Act to any other person.
A delegation shall be in writing and specify the terms and conditions of the delegation.
A delegation may authorize the delegate to subdelegate the power, authority, right, duty or responsibility to a subordinate and to impose on the subdelegate the terms or conditions that the delegate considers appropriate, in addition to those set out in the delegation.
A delegate or subdelegate shall exercise a delegated power, authority or right or carry out a delegated duty or responsibility in accordance with the terms or conditions imposed in the delegation.
A subdelegate shall exercise a delegated power, authority or right or carry out a delegated duty or responsibility in accordance with the terms or conditions imposed on the subdelegate by the delegate.
On the request of the Minister, 2021, c.38, s.14
(a) a Schedule B entity may enter into an agreement with the Minister for the purposes of procuring goods and services on behalf of the Minister, and
(b) a Schedule 2 entity may enter into an agreement with the Minister for the purposes of procuring construction services on behalf of the Minister.
On the request of another Schedule B entity, a Schedule B entity may enter into an agreement with the other Schedule B entity for the purposes of procuring goods and services on behalf of the other Schedule B entity.
2021, c.38, s.15On the request of another Schedule 2 entity, a Schedule 2 entity may enter into an agreement with the other Schedule 2 entity for the purposes of procuring construction services on behalf of the other Schedule 2 entity. 2021, c.38, s.15
On the request of a public body, 2021, c.38, s.16
(a) a Schedule B entity may enter into an agreement with the public body for the purposes of procuring goods and services on behalf of the public body, and
(b) a Schedule 2 entity may enter into an agreement with the public body for the purposes of procuring construction services on behalf of the public body.
2021, c.38, s.172021, c.38, s.18
A Schedule B entity may enter into an agreement with a jurisdiction for the following purposes:
(a) the Schedule B entity to procure goods and services on a joint basis on behalf of the jurisdiction; or
(b) the jurisdiction to procure goods and services on a joint basis on behalf of the Schedule B entity.
A Schedule 2 entity may enter into an agreement with a jurisdiction for the following purposes:
(a) the Schedule 2 entity to procure construction services on a joint basis on behalf of the jurisdiction; or
(b) the jurisdiction to procure construction services on a joint basis on behalf of the Schedule 2 entity.
On the request of a private organization, a Schedule B entity may enter into an agreement with the private organization for the purposes of procuring goods and services on behalf of the private organization if 2017, c.20, s.141; 2021, c.44, s.49
(a) the regulation authorizes the Schedule B entity to enter into the agreement,
(b) the private organization is located and operates in the Province,
(c) the private organization provides goods or services to the Province or to a local government or a rural district of the Province,
(d) the head of the Schedule B entity is satisfied that the procurement is not in contravention of any Act of the Parliament of Canada or of the Legislature, and
(e) the head of the Schedule B entity is satisfied that, as a result of the procurement,
(i) the Province or a local government or a rural district of the Province saves money, or
(ii) a public benefit is otherwise achieved.
A Schedule B entity may join a buying group if the Minister grants the Schedule B entity permission to join the buying group under section 26.
2021, c.38, s.19
A Schedule B entity or a Schedule 2 entity may apply to the Minister for a temporary exemption from compliance with some or all of the rules concerning the procurement methods prescribed by regulation.
In accordance with the regulations, the Minister may grant a temporary exemption from compliance with some or all of the rules concerning the procurement methods prescribed by regulation if the Minister is satisfied that, as a result of the temporary exemption, it is demonstrated that a public benefit may be achieved.
A temporary exemption shall be for a period determined by the Minister and may be renewed by the Minister at any time before the exemption expires, but the total exemption period shall not exceed 24 months.
The Minister may impose terms and conditions on the temporary exemption.
A temporary exemption shall be in writing and specify the following:
(a) the goods, services or construction services in respect of which the exemption is granted;
(b) the period of time for which the exemption is granted;
(c) the provisions of the regulations in respect of which the exemption is granted; and
(d) the terms and conditions, if any, imposed by the Minister.
2021, c.38, s.20Except as may be provided in the regulations, 2021, c.38, s.21
(a) a Schedule B entity shall not give preferential treatment to a prospective supplier, and
(b) a Schedule 2 entity shall not give preferential treatment to a prospective contractor.
This Act applies to any procurement done by or on behalf of the Minister, a Schedule A entity, a Schedule B entity, a Schedule 1 entity or a Schedule 2 entity. 2021, c.38, s.22
2021, c.38, s.232021, c.38, s.24
When a Schedule A entity, a Schedule B entity, a public body, a jurisdiction or a private organization requests the Minister to procure goods and services on its behalf, the request shall be made in a form and manner acceptable to the Minister.
When the Minister, another Schedule B entity, a public body, a jurisdiction or a private organization requests a Schedule B entity to procure goods and services on its behalf, the request shall be made in a form and manner acceptable to the Schedule B entity.
When a Schedule 1 entity, a Schedule 2 entity, a public body or a jurisdiction requests that the Minister procure construction services on its behalf, the request shall be made in a form and manner acceptable to the Minister.
When the Minister, another Schedule 2 entity, a public body or a jurisdiction requests that a Schedule 2 entity procure construction services on its behalf, the request shall be made in a form and manner acceptable to the Schedule 2 entity.
Any procurement done by or on behalf of the Minister, a Schedule B entity or a Schedule 2 entity may be done on a joint basis if the parties to the procurement agree to the procurement of goods, services or construction services on a joint basis and if it is appropriate in the circumstances. 2021, c.38, s.25
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 the reinstatement of a prospective supplier’s ability to provide goods or services shall be determined in accordance with the regime established by regulation.
2021, c.38, s.26The 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 the reinstatement of a prospective contractor’s ability to provide construction services shall be determined in accordance with the regime established by regulation. 2021, c.38, s.26
2021, c.38, s.27
Three months after the end of each fiscal year, a Schedule A entity or a Schedule 1 entity, as the case may be, shall submit to the Minister, in the manner that the Minister requires, an annual report concerning its procurements, and the annual report shall contain the information that the Minister requires.
In addition to the annual report referred to in subsection (1), at any time, the Minister may require a Schedule A entity or a Schedule 1 entity to submit a report to the Minister concerning its procurements in the time and manner that the Minister requires, and the report shall contain the information that the Minister requires.
At any time, the Minister may require a Schedule B entity or a Schedule 2 entity to submit a report to the Minister concerning the procurements done by or on behalf of the entity in the time and manner that the Minister requires, and the report shall contain the information that the Minister requires.
2021, c.38, s.28
At any time, the Minister may require a Schedule A entity to submit a report to the Minister concerning complaints the Schedule A entity received from prospective suppliers in relation to procurements done by the Schedule A entity.
At any time, the Minister may require a Schedule B entity to submit a report to the Minister concerning complaints the Schedule B entity received from prospective suppliers in relation to procurements done by the Schedule B entity.
At any time, the Minister may require a Schedule 1 entity to submit a report to the Minister concerning complaints the Schedule 1 entity received from prospective contractors in relation to procurements done by the Schedule 1 entity.
At any time, the Minister may require a Schedule 2 entity to submit a report to the Minister concerning complaints the Schedule 2 entity received from prospective contractors in relation to procurements done by the Schedule 2 entity.
In the form and manner that the Minister requires, a Schedule B entity may apply to the Minister for permission to join a buying group.
If the Minister is satisfied that the buying group’s procurement practices conform with the spirit and intent of this Act, the Minister shall give the Schedule B entity permission to join the buying group.
The permission of the Minister shall be in writing.
The Minister may revoke a Schedule B entity’s permission to join a buying group if the Minister is satisfied that the buying group’s procurement practices fail to conform with the spirit and intent of this Act.
A Schedule B entity’s permission to join a buying group expires on the date of expiry indicated in the permission, unless sooner revoked.
No action or other proceeding for damages or otherwise lies or shall be instituted against any of the following persons or entities in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act or the regulations by the person or entity: 2021, c.38, s.29
(a) the Minister;
(b) a Schedule B entity;
(b.1) a Schedule 2 entity; and
(c) any person acting under or who has acted under the authority of this Act or the instructions of a person or entity referred to in this section.
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
The Lieutenant-Governor in Council may make regulations 2014, c.59, s.1; 2021, c.38, s.30
(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;
(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.