Government Contracts Regulations (SOR/87-402)

Regulations are current to 2016-05-12 and last amended on 2015-06-23. Previous Versions

Government Contracts Regulations

SOR/87-402

FINANCIAL ADMINISTRATION ACT

Registration 1987-06-30

Regulations Respecting Government Contracts

P.C. 1987-1355 1987-06-30

Her Excellency the Governor General in Council, on the recommendation of the Treasury Board, pursuant to subsection 34(1)Footnote * of the Financial Administration Act, is pleased hereby to revoke the Government Contracts Regulations, C.R.C., c. 701, and to make the annexed Regulations respecting government contracts in substitution therefor.

Short Title

 These Regulations may be cited as the Government Contracts Regulations.

Interpretation

 In these Regulations,

advance payment

advance payment means a payment made by or on behalf of Her Majesty under the terms of a contract before the performance of that part of the contract in respect of which the payment is made; (paiement anticipé)

approved financial institution

approved financial institution means

  • (a) any corporation or institution that is a member of the Canadian Payments Association,

  • (b) a corporation that accepts deposits that are insured by the Canada Deposit Insurance Corporation or the Régie de l’assurance-dépôts du Québec to the maximum permitted by law,

  • (c) a credit union as defined in paragraph 137(6)(b) of the Income Tax Act,

  • (d) a corporation that accepts deposits from the public, if repayment of the deposit is guaranteed by Her Majesty in right of a province, or

  • (e) the Canada Post Corporation; (institution financière agréée)

bid

bid[Repealed, SOR/91-651, s. 1]

bid bond

bid bond means a bond given by a person to guarantee entry into a contract if the contract is awarded to that person; (cautionnement de soumission)

bid security

bid security means a bid bond or a security deposit given by a person to Her Majesty to guarantee entry into a contract if the contract is awarded to that person; (garantie de soumission)

construction contract

construction contract means a contract entered into for the construction, repair, renovation or restoration of any work except a vessel and includes

  • (a) a contract for the supply and erection of a prefabricated structure,

  • (b) a contract for dredging,

  • (c) a contract for demolition, or

  • (d) a contract for the hire of equipment to be used in or incidentally to the execution of any contract referred to in this definition; (marché de travaux publics)

contract

contract[Repealed, SOR/2011-197, s. 1]

contract security

contract security means

  • (a) a payment bond or a performance bond given on behalf of a person to Her Majesty to make good on any default by that person under the contract by

    • (i) compensating Her Majesty therefor, or

    • (ii) completing the performance of the contract to the extent required by the terms and conditions of the payment bond or performance bond, or

  • (b) a security deposit given by the person to Her Majesty to secure the performance of the contract to the extent required by the terms and conditions of the contract; (garantie contractuelle)

contracting authority

contracting authority means

  • (a) the appropriate Minister, as defined in paragraph (a), (a.1) or (b) of the definition appropriate Minister in section 2 of the Financial Administration Act;

  • (b) a department within the meaning of paragraph (a.1) of the definition of department in section 2 of the Financial Administration Act that has the legal authority to enter into a contract;

  • (c) a departmental corporation named in Schedule II to the Financial Administration Act;

  • (d) any individual — other than a commissioner appointed under the Inquiries Act and any individual authorized under the Parliament of Canada Act to enter into a contract — who is authorized by or under an Act of Parliament to enter into a contract. (autorité contractante)

goods contract

goods contract means a contract for the purchase of articles, commodities, equipment, goods, materials or supplies and includes

  • (a) a contract for printing or for the reproduction of printed matter, and

  • (b) a contract for the construction or repair of a vessel; (marché de fournitures)

government guaranteed bond

government guaranteed bond means a bond of the Government of Canada or a bond unconditionally guaranteed as to principal and interest by the Government of Canada that is

  • (a) payable to the bearer,

  • (b) accompanied by a duly executed instrument of transfer of the bond to the Receiver General in the form prescribed by the Domestic Bonds of Canada Regulations, or

  • (c) registered in the name of the Receiver General; (obligation garantie par le gouvernement)

lease

lease[Repealed, SOR/92-503, s. 1]

payment bond

payment bond means a bond given by a person to guarantee the payment for labour to be given or materials to be supplied in connection with a contract awarded to that person; (cautionnement de paiement)

performance bond

performance bond means a bond given by a person to guarantee the performance of a contract awarded to that person; (cautionnement d’exécution)

progress payment

progress payment means a payment made by or on behalf of Her Majesty under the terms of a contract after the performance of the part of the contract in respect of which the payment is made but before the performance of the whole contract; (acompte)

security deposit

security deposit means

  • (a) a bill of exchange

    • (i) that is payable to the Receiver General, and

    • (ii) that is certified by an approved financial institution or drawn by an approved financial institution on itself,

  • (b) a government guaranteed bond, or

  • (c) such other security as may be deemed appropriate by the contracting authority and approved by the Treasury Board; (dépôt de garantie)

service contract

service contract means a contract for the provision of service but does not include an agreement whereby a person is employed as an officer, clerk or employee of Her Majesty; (marché de services)

suppliers’ list

suppliers’ list means a list that is maintained by the contracting authority setting out the names and addresses of suppliers from whom the contracting authority may solicit bids. (liste de fournisseurs)

  • SOR/91-651, s. 1;
  • SOR/92-503, s. 1;
  • SOR/96-472, s. 1;
  • SOR/2011-197, s. 1.

Application

  •  (1) These Regulations apply to all goods, service and construction contracts that are entered into by a contracting authority and that provide for the payment of any money by Her Majesty, except

    • (a) a contract entered into by the National Film Board;

    • (b) a contract for the construction of buildings entered into under the Veterans’ Land Act;

    • (c) a contract entered into under the Indian Act that involves  Indian moneys as defined in that Act;

    • (d) a contract for the performance of legal services;

    • (e) a contract for the fit-up of an office or a residential accommodation if the contract for fit-up is part of a transaction authorized pursuant to the Federal Real Property and Federal Immovables Act or the regulations made under it;

    • (f) arrangements entered into under an Interchange Canada Agreement; or

    • (g) a contract whose purpose is, for operational reasons, to fulfil an interim requirement for defence supplies or services or to ensure defence logistical capabilities on an interim basis, and any related contract.

  • (2) Despite paragraph (1)(d), section 4 applies to a contract referred to in that section.

  • (3) Despite subsection (1), section 18 applies to any contract referred to in that subsection.

  • SOR/91-651, s. 2;
  • SOR/92-503, s. 2;
  • SOR/96-472, s. 2;
  • SOR/2011-197, s. 2;
  • SOR/2015-173, s. 1.
 
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