Not in force

1-5   [Not in force. Repealed 2025-11-22.]

Definitions for this Part

6   In this Part:

"government procurement entity" means a government organization, as defined in the Budget Transparency and Accountability Act;

"procurement", in relation to the procurement of goods or services, includes sourcing, selecting, receiving and contracting for goods or services and other steps taken to acquire goods or services;

"protected person" means the following:

(a) a government procurement entity;

(b) a person who is a member, director, officer or employee of a government procurement entity.

Procurement directives

7   (1) The Lieutenant Governor in Council may issue directives in relation to the procurement of goods or services by the government or government procurement entities.

(2) This section applies despite sections 4 and 4.1 of the Financial Administration Act.

(3) If there is a conflict or inconsistency between an enactment and a directive issued under subsection (1), the directive prevails.

(4) A government procurement entity must comply with a directive of the Lieutenant Governor in Council issued to the government procurement entity.

(5) A directive issued under subsection (1) must be published as soon as practicable by the minister on a publicly available website.

Protection against legal proceedings

8   (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted in complying with, or intending to comply with, a directive issued under this Part.

(2) Subsection (1) does not apply to a protected person in relation to anything done or omitted in bad faith.

Indemnification for legal proceedings

9   (1) Subject to subsection (2), the government must indemnify a protected person for any costs or expenses incurred by the protected person in any legal proceedings taken against the protected person for anything done or omitted in complying with, or intending to comply with, a directive issued under this Part.

(2) Subsection (1) does not apply to a protected person in relation to anything done or omitted in bad faith.

General powers respecting directives

10   (1) In issuing a directive under this Part, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to

(i) a minister,

(ii) a person who is employed in the government, or

(iii) a person who is a member, director, officer or employee of a government procurement entity;

(b) confer a discretion on

(i) a minister,

(ii) a person who is employed in the government, or

(iii) a person who is a member, director, officer or employee of a government procurement entity;

(c) establish terms and conditions;

(d) provide for exemptions;

(e) establish or define classes of government procurement entities, procurements, goods, services, circumstances, matters or other things;

(f) make different directives in relation to different ministries, government procurement entities, procurements, goods, services, circumstances, matters or other things, or different classes of government procurement entities, procurements, goods, services, circumstances, matters or other things.

(2) A directive issued on or before June 30, 2025 under this Part may be made retroactive to February 1, 2025 or a later date and, if made retroactive, is deemed to have been issued on the specified date.

Repealed

12-17   [Repealed 2025-11-22.]

Application of Offence Act

18   Section 5 [general offence] of the Offence Act does not apply to this Act, the regulations or the directives.

General powers respecting regulations

19   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) The authority to make regulations under another provision of this Act does not limit subsection (1).

(3) The Lieutenant Governor in Council may make regulations respecting the collection or disclosure of information, including personal information, for the purposes of this Act.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) establish or define classes of persons, places, circumstances, matters or other things;

(d) make different regulations in relation to

(i) different persons, places, circumstances, matters or other things, or

(ii) different classes of persons, places, circumstances, matters or other things.

(5) The authority to establish or define classes or make different regulations under another provision of this Act does not limit subsection (4) (c) or (d).

Reporting

20   The minister responsible for the administration of a regulation that is made, amended, or repealed under this Act must, as soon as practicable, publish the following on a publicly accessible website maintained by or on behalf of the ministry:

(a) a summary of the regulation

(i) that is made, or

(ii) as amended;

(b) the rationale for the enactment, amendment or repeal of the regulation;

(c) any other prescribed information.

Review of the Act

21   (1) In this section, "select standing committee" means the select standing committee of the Legislative Assembly that is designated for the purposes of this section.

(2) A regulation made under section 3 (4), 5, 7, 13, 17, or 19 stands referred to the select standing committee.

(3) If a regulation is made under section 3 (4), 5, 7, 13, 17, or 19, a copy of the regulation must be filed as soon as practicable with the select standing committee by the minister charged with the administration of the section under which the regulation is made.

(4) Within 30 days after the date a regulation is filed under subsection (3), the select standing committee must begin a review of the regulation.

(5) On or before September 1, 2027, the select standing committee must present a final report to the Legislative Assembly.

(6) The select standing committee may file any interim reports and the final report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

Repeal

22   (1) Subject to subsection (2), the following are repealed on May 28, 2026:

(a) Part 1;

(b) [Repealed 2026-5-6.]

(c) Part 3.

(2) The Lieutenant Governor in Council may, by regulation, repeal a provision of this Act referred to in subsection (1) (a) or (c) on a date earlier than May 28, 2026.

(3) [Repealed 2026-5-6.]

(4) The Lieutenant Governor in Council may, by regulation, repeal sections 6, 7 and 10.

Commencement

23   The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: