• 18 (1) The following terms are deemed to be expressly set out in every construction, goods or service contract that provides for the payment of any money by His Majesty:

  • (a) the contractor declares that the contractor has not, directly or indirectly, paid or agreed to pay, and will not, directly or indirectly, pay a contingency fee to any individual for the solicitation, negotiation or obtaining of the contract if the payment of the fee would require the individual to file a return under section 5 of the Lobbying Act;

  • [...]

  • (c) the contractor declares that the contractor has not been convicted of an offence under any of the provisions referred to in subsection 750(3) of the Criminal Code or that, if the contractor has been convicted of any of those offences, it is one for which

    • (i) a pardon was granted under the Criminal Records Act — as it read immediately before the coming into force of section 109 of the Safe Streets and Communities Act — that has not been revoked or ceased to have effect,

    • (ii) a record suspension has been ordered under the Criminal Records Act and that has not been revoked or ceased to have effect,

    • (iii) an order of restoration was made under subsection 750(5) of the Criminal Code that restores the contractor’s capacity to enter into the contract or to receive any benefit under the contract as the case may be, or

  • (c.1) the contractor declares that the contractor has not, during the solicitation, negotiation or obtaining of the contract, committed an act or engaged in an activity that would constitute an offence under

    • (i) section 121 (frauds on the government), 124 (selling or purchasing office), 380 (fraud) or 418 (selling defective stores to His Majesty) of the Criminal Code,

    • (ii) paragraph 80(1)(d) or subsection 80(2) or 154.01(1) of the Financial Administration Act,

    • (iii) section 3 (bribing a foreign public official) or 4 (accounting) of the Corruption of Foreign Public Officials Act, or

    • (iv) section 45 (conspiracies, agreements or arrangements between competitors), 47 (bid-rigging) or 49 (agreements or arrangements of federal financial institutions) of the Competition Act;

  • (d) the contractor consents, in the case of a contract that has a value in excess of $10,000, to the public disclosure of basic information — other than information described in any of paragraphs 20(1)(a) to (d) of the Access to Information Act — relating to the contract; and

• (2) The following terms are deemed to be expressly set out in every bid solicitation for a construction, goods or service contract that provides for the payment of any money by His Majesty:

  • (a) the bidder declares that the bidder has not, directly or indirectly, paid or agreed to pay, and will not, directly or indirectly, pay, a contingency fee to any individual for the solicitation, negotiation or obtaining of the contract if the payment of the fee would require the individual to file a return under section 5 of the Lobbying Act;

  • (b) the bidder declares that the bidder has not been convicted of an offence under any of the provisions referred to in subsection 750(3) of the Criminal Code or that, if the bidder has been convicted of any of those offences, it is one for which

    • (i) a pardon was granted under the Criminal Records Act — as it read immediately before the coming into force of section 109 of the Safe Streets and Communities Act — that has not been revoked or ceased to have effect,

    • (ii) a record suspension has been ordered under the Criminal Records Act and that has not been revoked or ceased to have effect,

    • (iii) an order of restoration was made under subsection 750(5) of the Criminal Code that restores the bidder’s capacity to enter into the contract or to receive any benefit under the contract as the case may be, or

  • (c) the bidder declares that the bidder has not, during the bid solicitation process, committed an act or engaged in an activity that would constitute an offence under

    • (i) section 121 (frauds on the government), 124 (selling or purchasing office), 380 (fraud) or 418 (selling defective stores to His Majesty) of the Criminal Code,

    • (ii) paragraph 80(1)(d) or subsection 80(2) or 154.01(1) of the Financial Administration Act,

    • (iii) section 3 (bribing a foreign public official) or 4 (accounting) of the Corruption of Foreign Public Officials Act, or

    • (iv) section 45 (conspiracies, agreements or arrangements between competitors), 47 (bid-rigging) or 49 (agreements or arrangements of federal financial institutions) of the Competition Act.

[...]

2 In these Regulations,

approved financial institution

approved financial institution means

• [...]

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

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)

[...]

• 3 (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 His Majesty, except

  • [...]

  • (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;

  • [...]

  • (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;

• (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.

[...]

6 Notwithstanding section 5, a contracting authority may enter into a contract without soliciting bids where

[...]