Definitions

1  In this Act:

"commission" means the Purchasing Commission continued under this Act;

"government" does not include government institutions;

"government institution" means an institution under the administration of the government;

"public institution" means

(a) a municipality, including the City of Vancouver, a regional district and an improvement district,

(b) a university operating under the University Act and an institution under the College and Institute Act,

(c) a board of school trustees,

(c.1) a francophone education authority as defined in the School Act,

(d) a hospital district, and

(e) any other institution designated by the commission under section 4 (3);

"services" means any service or class of service provided under a written contract and supplied

(a) to the government, a government institution or a public institution, or

(b) to a person on behalf of the government, a government institution or a public institution;

"supplies" means goods, chattels, materials and personal property of every kind, including goods required to be manufactured, or on which or in relation to which any labour or skill is required to be expended before, on or after delivery to the government or institution for whose use it is provided; and includes fixtures and furnishings for buildings and office furniture and equipment for offices throughout British Columbia.

 Purchasing Commission

2  The commission known as the Purchasing Commission consisting of up to 7 members appointed by the Lieutenant Governor in Council is continued.

 Commission responsible to Legislative Assembly

3  (1)  The commission is directly responsible to the Legislative Assembly.

(2)  The members of the commission hold office during good behaviour but may be removed by the Lieutenant Governor in Council on address of the Legislative Assembly.

 Duties and powers of the commission

4  (1)  The commission must do the following:

(a) acquire supplies required by the government and, on request, supplies required by government institutions;

(b) direct the establishment, maintenance and operation of depots or warehouses in which supplies of the government and government institutions may be stored and from which they may be distributed;

(c) supervise the distribution of supplies for the government and, on request, supervise the distribution of supplies for government institutions;

(d) provide advice and assistance to the government and, on request, to government institutions in order that

(i)  supplies and services of the most advantageous and suitable type on an economically effective and environmentally sound basis may be utilized, and

(ii)  uniformity in supplies and services may be attained if desirable;

(e) create and arrange opportunities for the government and government institutions to acquire supplies and services at rates and on terms and conditions conducive to the economic and environmental well-being of British Columbia;

(f) in conjunction with the performance of its other duties and with the exercise of its powers, arrange, encourage and facilitate other transactions conducive to the economic and environmental well-being of British Columbia;

(g) recommend to the government policies to be applied in the acquisition and disposition of supplies.

(2)  In addition to any powers required to perform its duties, the commission may do one or more of the following:

(a) require a government ministry to return to the commission any supplies no longer required by the ministry;

(b) dispose of tangible personal property of the government that is not required by the government;

(c) dispose of intangible personal property of the government if this is conducive to the economic and environmental well-being of British Columbia;

(d) create and arrange opportunities for public institutions to acquire supplies and services at rates and on terms and conditions conducive to the economic and environmental well-being of British Columbia;

(e) recommend to the government policies to be applied in the acquisition of services;

(f) provide to government institutions and public institutions the service of disposing of personal property of the institutions;

(g) provide to public institutions the service of acquiring supplies and services for the institutions if this is conducive to the economic and environmental well-being of British Columbia;

(h) provide to public institutions the service of storage of tangible personal property of the institutions;

(i) provide to public institutions the service of advice and assistance respecting means by which

(i)  supplies and services of the most advantageous and suitable type on an economically effective and environmentally sound basis may be utilized, and

(ii)  uniformity in supplies and services may be attained if desirable;

(j) charge fees to government institutions and public institutions for services provided to them in the performance of the commission's duties or the exercise of its powers;

(k) despite section 12, create opportunities and programs to encourage local and regional suppliers or in favour of environmentally sound supplies and services;

(l) in conjunction with the performance of its duties and the exercise of its other powers, enter into arrangements conducive to the economic and environmental well-being of British Columbia;

(m) do those things not inconsistent with this Act that it considers necessary or advisable for performing its duties and exercising its powers;

(n) acquire services required by the government and, on request, services required by government institutions.

(3)  The commission may, by regulation,

(a) designate institutions, or classes of institutions, that are substantially publicly funded as public institutions, and

(b) specify restrictions on services which may be provided by the commission to a public institution designated under paragraph (a).

(4)  If the commission exercises the power under subsection (2) (a), it may grant credit on an equitable basis in respect of the supplies that were returned.

 No purchases except in accordance with Act

5  The government, or any person on its behalf, must not acquire supplies except in accordance with this Act.

 Requisitions for supplies

6  (1)  The commission must comply with this section in providing supplies to a government ministry or a government institution.

(2)  Every government ministry and government institution must comply with this section in acquiring supplies from the commission.

(3)  A government ministry or government institution requiring supplies must deliver to the commission a requisition specifying the requirements.

(4)  Every requisition must be authorized by the minister in charge of the government ministry or government institution affected, or by the minister's deputy or another person authorized to act on behalf of the minister.

(5)  The commission may require the person making a requisition to satisfy it that there is an appropriation available for the purpose or that other financial provision is made in accordance with law.

(6)  The commission may, if it thinks advisable, require the person making the requisition to satisfy it as to the necessity for the acquisition of the supplies requisitioned.

(7)  The commission may fill the requisition from stock on hand or in a manner it thinks advisable and it may, if it thinks advisable, authorize the person making the requisition or another person to acquire the supplies directly from a suitable source.

 War emergency

7  If, during circumstances of war emergency, the commission is satisfied that the acquisition of supplies or services essential to the services of British Columbia may be jeopardized by delay in purchasing, the commission may enter into advance negotiations with suppliers and, if necessary, place firm orders to the end that the delivery of essential supplies or services may not be interrupted by reason only of the absence of appropriations covering the proposed expenditures.

 Preference to local manufacturers

8  The commission has power to give a preference

(a) in favour of goods or services produced, manufactured or sold in British Columbia, and

(b) in the case of goods or services required in a local area of British Columbia, in favour of goods or services produced, manufactured or sold in that area.

 Delegation of power

9  In acquiring supplies and services the commission may

(a) avail itself of the services of any person in the employment of the government or of any government institution, and

(b) delegate to that person the power to acquire supplies or services on behalf of the commission.

 Supplies charged to ministries

10  (1)  All supplies requisitioned must, when the requisition is filled, be charged to the ministry or government institution making the requisition.

(2)  The commission may make rules prescribing the manner in which charges are to be made and accounts adjusted.

 Purchases in case of urgency

11  (1)  Sections 1 to 10 do not apply in case of urgency.

(2)  The commission has power to make regulations as follows:

(a) defining the circumstances that constitute a case of urgency;

(b) prescribing what purchases or class of purchases may be made otherwise than through the commission in a case of urgency;

(c) prescribing the officials or employees who may make purchases otherwise than through the commission in a case of urgency, and the rules to be followed by them in making those purchases;

(d) prescribing when and what reports are to be rendered to the commission in relation to a purchase made in a case of urgency.

 Competitive prices

12  (1)  If practicable, the commission must obtain competitive prices of all supplies and services purchased by it.

(2)  The commission must keep records of the prices.

 Purchases in bulk

13  If the commission is of the opinion that purchases in bulk of supplies not immediately required would be advantageous and desirable it may make the purchases and retain the supplies in stock.

 Establishment of standards

14  (1)  The commission may establish a standard for supplies and services in use in the government or government institutions.

(2)  For the purposes of subsection (1), the commission may make or obtain tests, examinations or analyses.

 Forms of contracts

15  The commission may prescribe forms of contracts to be used in the purchase of supplies and services for the government and government institutions.

 Records and inventories

16  The commission must

(a) keep adequate records of all its transactions, and

(b) direct the manner in which inventories must be prepared.

 Records to be maintained by ministries and government institutions

17  The commission may direct that records it considers advisable, including perpetual inventory records, be maintained in government ministries and in government institutions to ensure the effective control and preservation of the furniture, equipment, consumable stores and supplies belonging to the government and to government institutions.

 Annual report

18  The commission must present to the Legislative Assembly an annual report of the business of the commission.

 Appointment of staff

19  (1)  Officers, clerks and employees required for carrying out this Act may be appointed under the Public Service Act, to hold office during pleasure.

(2)  In carrying out its functions, the commission may delegate to the officers duties it thinks advisable, expedient or necessary.

 Allowances and expenses

20  The Lieutenant Governor in Council may determine rates of allowances and expenses to be paid to members of the commission.

 Repealed

21  [Repealed 2003-3-39.]

 Application

22  This Act does not apply to

(a) the Workers' Compensation Board,

(b) the Liquor Distribution Branch, or

(c) the general manager of the Liquor Distribution Branch.