Procurement Ombudsman Regulations
Procurement Ombudsman Regulations
P.C. 2008-831 2008-05-01
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, pursuant to section 23.1Footnote a of the Department of Public Works and Government Services ActFootnote b, hereby makes the annexed Procurement Ombudsman Regulations.
1. The following definitions apply in these Regulations.
“Act” means the Department of Public Works and Government Services Act. (Loi)
- “contracting department”
“contracting department” means the department that awards the contract to which a complaint relates. (ministère contractant)
- “working day”
“working day” means a day that is not a Saturday or a holiday. (jour ouvrable)
2. These Regulations apply
(a) with respect to sections 7 to 14, to a contract for the acquisition of materiel or services that is awarded after the coming into force of these Regulations;
(b) with respect to sections 15 to 22, to a contract for the acquisition of materiel or services if the facts or grounds on which the complaint is based arise after the coming into force of these Regulations; and
(c) with respect to section 23, to a contract for the acquisition of materiel or services if a dispute referred to in that section arises after the coming into force of these Regulations.
PERFORMANCE OF THE DUTIES AND FUNCTIONS OF THE PROCUREMENT OMBUDSMAN
3. The Procurement Ombudsman shall not perform the duties and functions referred to in subsection 22.1(3) of the Act in respect of the following departments:
(a) the Canadian Security Intelligence Service; and
(b) the staff of the Senate and the House of Commons.
Review of Departmental Practices for Acquiring Materiel and Services
4. (1) The Procurement Ombudsman shall review the practices of a department for acquiring materiel and services under paragraph 22.1(3)(a) of the Act if there are reasonable grounds to do so and shall take into consideration the following factors:
(a) consistency with relevant Cabinet policies and procedures, with relevant multi-departmental policies and procedures and with policies and procedures related to a national security exemption;
(b) consistency with the Financial Administration Act and regulations made under it;
(c) the resources that would be required of that department to respond to the review;
(d) the observations or findings of any previous audits or assessments; and
(e) the time that has elapsed since his or her previous review of the practices of that department.
(2) If the Procurement Ombudsman reviews the practices of a department under subsection (1), he or she may request that it provide any document or information necessary for the review.
5. Before making any recommendations under paragraph 22.1(3)(a) of the Act, the Procurement Ombudsman shall
(a) take into consideration the following factors:
(i) consistency with relevant cabinet policies and procedures, with relevant multi-departmental policies and procedures and with policies and procedures related to a national security exemption,
(ii) consistency with the Financial Administration Act and regulations made under it,
(iii) the seriousness of any inconsistency with the principles of fairness, openness and transparency, and
(iv) the potential impact that the recommendations could have on the government’s operations or resources; and
(b) provide an opportunity to the department whose practices have been subject to the review to make comments on the proposed recommendations and the reasons for them within 30 working days after their receipt.
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