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First Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 14

THE GOVERNMENT PURCHASES AMENDMENT ACT (RESPONSIBLE MANUFACTURING)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. G90 amended

1           The Government Purchases Act is amended by this Act.

2           Section 1 is amended by adding the following definition:

"compliant bid" means a bid

(a) made by a person who has met all conditions imposed in the request for tenders on persons seeking the contract in question, and

(b) that meets all requirements for the goods to be purchased set out in the request for tenders; (« soumission conforme »)

3           Section 7 is replaced with the following:

Purchasing rules

7(1)        All purchases of goods made under authority of this Act are subject to the following rules:

(a) all purchases must be made in the most economical manner possible;

(b) whenever possible, competitive offers are to be obtained through the use of public tenders or similar means;

(c) every request for tenders must set out

(i) the conditions that must be met by persons bidding on the contract in question,

(ii) the requirements for the goods in question, and

(iii) the criteria on which compliant bids will be evaluated;

(d) subject to the regulations, when public tenders or similar means are used, the contract must be awarded as follows:

(i) if the request for tenders states that price is to be the deciding factor between compliant bids, the contract must be awarded to the compliant bid with the lowest price,

(ii) in any other case, the contract must be awarded to the compliant bid that receives the highest rating using the evaluation criteria set out in the request for tenders.

Responsible manufacturer policy

7(2)        For the purchase of classes of goods prescribed by regulation, persons bidding must establish that the goods have been or will be produced in accordance with minimum fair labour practices prescribed by regulation.

4           Section 14 is repealed.

5           Section 17 is replaced with the following:

Regulations

17          The Lieutenant Governor in Council may make regulations

(a) for the purpose of clause 7(1)(d), respecting when a contract need not be awarded to the compliant bid with the lowest price or the highest-rated compliant bid;

(b) prescribing minimum fair labour practices and classes of goods for the purpose of subsection 7(2);

(c) respecting when the responsible manufacturer policy set out in subsection 7(2) does not apply;

(d) respecting any matter necessary or advisable to carry out the purposes of this Act.

Coming into force

6           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill updates the rules governing how goods are to be purchased under The Government Purchases Act.  It also requires the suppliers of certain classes of goods to establish that the goods have been made in accordance with minimum fair labour practices.