Marginal note:Construction of terms and conditions
22 Subject to its express terms and conditions, a contract, or any document relating to the contract or its formation, entered into by the Minister that provides that instructions or terms and conditions identified by number or other designation are applicable to or form part of the contract or other document shall be read and construed as if the instructions or terms and conditions to which the reference is made were expressly set out in the contract or other document.
Marginal note:Remuneration and expenses
(2) The Procurement Ombudsman shall be paid the remuneration and expenses that may be fixed by the Governor in Council.
Marginal note:General duties and functions
(3) The Procurement Ombudsman shall, in accordance with the regulations,
(a) review the practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and make any appropriate recommendations to the relevant department for the improvement of those practices;
(b) review any complaint respecting the compliance with any regulations made under the Financial Administration Act of the award of a contract for the acquisition of materiel or services by a department to which the Agreement, as defined in section 2 of the Agreement on Internal Trade Implementation Act, would apply if the value of the contract were not less than the amount referred to in article 502 of that Agreement;
(c) review any complaint respecting the administration of a contract for the acquisition of materiel or services by a department; and
(d) ensure that an alternative dispute resolution process is provided, on request of each party to such a contract.
Marginal note:Other duties and functions
(4) The Procurement Ombudsman shall also perform any other duty or function respecting the practices of departments for acquiring materiel and services that may be assigned to the Procurement Ombudsman by order of the Governor in Council or the Minister.
- 2006, c. 9, s. 306.
Marginal note:Person who may complain
22.2 (1) A person may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 518 of the agreement referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by the regulations.
Marginal note:Timing of complaint
(2) The complaint may only be filed after the award of the contract to which the complaint relates.
Marginal note:Findings and recommendations
(3) The Procurement Ombudsman shall, within the period after the complaint is filed that may be established by the regulations, provide the complainant, the relevant minister and the Minister with the Procurement Ombudsman’s findings and any recommendations.
(4) The Procurement Ombudsman may not recommend the cancellation of the contract to which the complaint relates.
- 2006, c. 9, s. 306.
Marginal note:Annual Report
Marginal note:Annual report to be laid
(2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
- 2006, c. 9, s. 306.
23 (1) The Governor in Council may make any regulations that the Governor in Council deems necessary for the management, maintenance, proper use and protection of federal real property and federal immovables under the administration of the Minister and of public works and for the ascertaining and collection of tolls, dues and revenues with respect to them.
Marginal note:Fines and enforcement
(2) The Governor in Council may, by the regulations mentioned in subsection (1),
(a) impose such fines, in an amount not exceeding the amount referred to in subsection 787(1) of the Criminal Code, for any contravention of a regulation as the Governor in Council deems necessary for ensuring its observance and the payment of tolls and dues;
(b) provide for the non-passing or detention and seizure at the risk of the owner of any thing
(i) on which tolls or dues have accrued and have not been paid,
(ii) in respect of which a regulation has otherwise been contravened or any damage done to a public work or to any federal real property or federal immovable and not paid for, or
(iii) for or on account of which a fine remains unpaid; and
(c) provide for the sale of any thing detained or seized under a regulation pursuant to paragraph (b) if the tolls, dues, damages or fines are not paid by the time fixed for such payment, and for the payment of the amounts due out of the proceeds of the sale.
Marginal note:Surplus proceeds
(3) The surplus proceeds, if any, of a sale referred to in paragraph (2)(c) shall be returned to the owner or the owner’s agent.
Marginal note:Crown rights not impaired
(4) No regulation made under subsection (1) impairs the right of the Crown to recover in the ordinary course of law unpaid tolls, dues, damages or fines.
- 1996, c. 16, s. 23;
- 2001, c. 4, s. 159.
23.1 The Governor in Council may make regulations respecting
(a) the performing of the duties and functions of the Procurement Ombudsman referred to in subsection 22.1(3), including the departments in respect of which those duties and functions shall not be performed;
(b) the filing of complaints referred to in paragraphs 22.1(3)(b) and (c), including any conditions that must be met before a complaint may be filed and the manner in which it must be filed; and
(c) the types of recommendations that the Procurement Ombudsman may make in response to the complaints and the time within which they must be made.
- 2006, c. 9, s. 307.
Beds of Navigable Waters
Marginal note:Power to dredge beds of navigable waters
24 Whenever the Governor in Council, or the minister charged with any work for the improvement of navigation, directs any work to be performed in any navigable water for the improvement of navigation, the officers or servants of Her Majesty or the contractors for the work, under the direction of the Governor in Council or of that minister, may
(a) enter on, dig up, dredge and remove any part of the bed of that navigable water; or
(b) build or erect any works on it that are directed or authorized by the Governor in Council or by that minister for the improvement of the navigation.
25 A copy of any map, plan or other document in the custody of the Department, certified by a person designated by the Minister to be a true copy, shall be held to be authentic, and is, in the absence of evidence to the contrary, of the same legal effect as the original.
(a) the Department of Supply and Services,
(b) the Department of Public Works,
(c) the portion of the public service known as the Government Telecommunications Agency in the Department of Communications, referred to in clause (a)(i)(A) of Order in Council P.C. 1993-1484 of June 25, 1993 registered as SI/93-138, or
(d) the portion of the public service known as the Translation Bureau, consisting of the portions of the Office of the Assistant Under-Secretary of State (Official Languages — Translation) and the Office of the Assistant Under-Secretary of State (Social Development and Regional Operations) in the Department of the Secretary of State of Canada relating to translation and related services referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1484 of June 25, 1993 registered as SI/93-138
except that the employee shall, on the coming into force of this subsection, occupy that position in the Department of Public Works and Government Services under the authority of the Deputy Minister of Public Works and Government Services.
Marginal note:Definition of “employee”
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