1. These Regulations may be cited as the Government Contracts Regulations.

2. 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“bid”[Repealed, SOR/91-651, s. 1]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“contract”[Repealed, SOR/2011-197, s. 1]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)