IMMUNITIES

Marginal note:Immunity as witness

18.1 The Auditor General, or any person acting on behalf or under the direction of the Auditor General, is not a competent or compellable witness — in respect of any matter coming to the knowledge of the Auditor General or that person as a result of performing audit powers, duties or functions under this or any other Act of Parliament during an examination or inquiry — in any proceedings other than a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act.

Marginal note:Protection from prosecution

• 18.2 (1) No criminal or civil proceedings lie against the Auditor General, or against any person acting on behalf or under the direction of the Auditor General, for anything done, reported or said in good faith in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament.

• Marginal note:Defamation

  (2) For the purposes of any law relating to defamation,

  • (a) anything said, any information supplied or any document or thing produced in good faith by or on behalf of the Auditor General, in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, is privileged; and

  • (b) any report made in good faith by the Auditor General in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast, is privileged.

PROCUREMENT OMBUDSMAN

Marginal note:Appointment

• 22.1 (1) The Governor in Council may appoint a Procurement Ombudsman for a term of not more than five years.

• 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.

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.

• Marginal note:Limitation

  (4) The Procurement Ombudsman may not recommend the cancellation of the contract to which the complaint relates.

Marginal note:Annual Report

• 22.3 (1) The Procurement Ombudsman shall, within four months after the end of each fiscal year, deliver a report respecting the activities of the Procurement Ombudsman in that year to the Minister.

• 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.

Marginal note:Regulations

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.

PART III.1CONTRACTS

Marginal note:Commitment

40.1 The Government of Canada is committed to taking appropriate measures to promote fairness, openness and transparency in the bidding process for contracts with Her Majesty for the performance of work, the supply of goods or the rendering of services.

Marginal note:Règlements sur les contrats

• 41. (1) Le gouverneur en conseil peut, par règlement, régir les conditions de passation des contrats. Il peut en outre, par dérogation aux autres lois fédérales :

  • a) ordonner l’interdiction ou l’invalidation des contrats prévoyant un paiement qui dépasse un plafond fixé par lui sans que lui-même ou le Conseil du Trésor ait approuvé leur passation;

  • b) prendre par règlement des mesures touchant les cautionnements à fournir à Sa Majesté et au nom de celle-ci en garantie de la bonne exécution des contrats.

Marginal note:Regulations — deemed terms of contracts

• 42. (1) The Governor in Council may make regulations fixing terms that are deemed to be expressly set out in contracts, or classes of contracts, that provide for the payment of any money by Her Majesty or a Crown corporation — or in documents, or classes of documents, relating to such contracts and their formation — including terms

  • (a) prohibiting payment of a contingency fee by any party to the contract to a person to whom the Lobbyists Registration Act applies;

  • (b) respecting corruption and collusion in the bidding process for contracts for the performance of work, the supply of goods or the rendering of services;

  • (c) requiring that a bidder on a contract for the performance of work, the supply of goods or the rendering of services make a declaration that the bidder has not committed an offence under section 121, 124 or 418 of the Criminal Code;

  • (d) respecting the provision of information or records to enable the Auditor General of Canada to inquire into the use of funds provided under funding agreements; and

  • (e) requiring the public disclosure of basic information on contracts entered into with Her Majesty for the performance of work, the supply of goods or the rendering of services and having a value in excess of $10,000.

• Marginal note:Powers of Auditor General

  (2) Regulations made under subsection (1) may not infringe on the powers of the Auditor General under section 7.1 of the Auditor General Act.

• Marginal note:Regulations — public opinion research

  (3) The Governor in Council may, in respect of contracts for public opinion research, make regulations

  • (a) prescribing the form and content of the term of the contract and of the written report referred to in subsection 40(2); and

  • (b) requiring the report to be made available to the public in the manner, and subject to the conditions, specified in the regulations.

• Marginal note:Definitions

  (4) The following definitions apply in this section.

  “funding agreement”

  « accord de financement »

  “funding agreement”, in respect of a recipient, means an agreement in writing under which the recipient receives a grant, contribution or other funding from Her Majesty in right of Canada or a Crown corporation, either directly or through an agent or mandatary of Her Majesty, including by way of loan, but excludes contracts for the performance of work, the supply of goods or the rendering of services.

  “recipient”

  « bénéficiaire »

  “recipient” means an individual, body corporate, partnership or unincorporated organization that has, in any five consecutive fiscal years, received a total of one million dollars or more under one or more funding agreements, but does not include

  • (a) a Crown corporation;

  • (b) a departmental corporation;

  • (c) the government of a foreign state, a provincial government or a municipality, or any of their agencies;

  • (c.1) a band, as defined in subsection 2(1) of the Indian Act, any member of the council or any agency of the band or an aboriginal body that is party to a self-government agreement given effect by an Act of Parliament or any of their agencies;

  • (d) a corporation that is controlled by a municipality or a government other than the Government of Canada; or

  • (e) an international organization.