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Government Contracts Regulations

Version of section 2 from 2019-06-10 to 2019-12-03:


 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bid[Repealed, SOR/91-651, s. 1]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contract[Repealed, SOR/2011-197, s. 1]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 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 services, including printing services, but does not include an agreement under which 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
  • SOR/2019-199, s. 3
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