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Government Contracts Regulations

Version of section 18 from 2019-06-10 to 2019-11-19:

  •  (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 Her 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;

    • (b) all accounts and records relating to any payment by the contractor of fees or other compensation for the solicitation, negotiation or obtaining of the contract shall be subject to any accounting and auditing provisions of the contract;

    • (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it read immediately before the coming into force of section 109 of the Safe Streets and Communities Act — that has not been revoked or ceased to have effect,

      • (ii) a record suspension has been ordered under the Criminal Records Act and that has not been revoked or ceased to have effect,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

      • (iv) the conviction was set aside by a competent authority;

    • (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 Her 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

    • (e) a contractor who makes a false declaration under paragraph (a), (c) or (c.1) or who fails to comply with the terms set out in paragraph (b) or (d) is in default under the contract and agrees, in addition to any other remedies that may be available against them, that they will immediately return any advance payments and that the contracting authority may terminate the contract.

  • (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 Her 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

      • (iv) the conviction was set aside by a competent authority; and

    • (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 Her 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.

  • SOR/2011-197, s. 4
  • SOR/2017-82, s. 1
  • SOR/2019-199, s. 5
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