Chapter Five - Procurement

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Agreement on Internal Trade
September 1994

Page Index

1. Article 500: Application of General Rules
2. Article 501: Purpose
3. Article 502: Scope and Coverage
4. Article 503: Extent of Obligations
5. Article 504: Reciprocal Non-Discrimination
6. Article 505: Valuation of Procurement
7. Article 506: Procedures for Procurement
8. Article 507: Non-Application
9. Article 508: Regional and Economic Development
10. Article 509: Language
11. Article 510: Confidentiality
12. Article 511: Information and Reporting
13. Article 512: Contact Point
14. Article 513: Bid Protest Procedures - Provinces
15. Article 514: Bid Protest Procedures - Federal Government
16. Article 515: Relationship to Other Agreements
17. Article 516: Future Reviews
18. Article 517: Future Negotiations
19. Article 518: Definitions
20. Annex 502.1A - Government Entities Covered by Chapter Five
21. Annex 502.1B - Services Covered by Chapter Five
22. Annex 502.2A - Government Entities Excluded from Chapter Five
23. Annex 502.2B - Government Entities Covered by Non-Intervention Commitment
24. Annex 508.3 - Transitional and Non-Conforming Measures

Article 500: Application of General Rules

1. Articles 401 (Reciprocal Non-Discrimination) and 406 (Transparency) do not apply to this Chapter.
2. For greater certainty, Articles 400 (Application), 402 (Right of Entry and Exit), 403 (No Obstacles), 404 (Legitimate Objectives) and 405 (Reconciliation) apply to this Chapter.
3. For the purposes of Article 504, the reference in Article 404 (Legitimate Objectives) to "Article 401" shall be construed as a reference to "Article 504".

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Article 501: Purpose

Consistent with the principles set out in Article 101(3) (Mutually Agreed Principles) and the statement of their application set out in Article 101(4), the purpose of this Chapter is to establish a framework that will ensure equal access to procurement for all Canadian suppliers in order to contribute to a reduction in purchasing costs and the development of a strong economy in a context of transparency and efficiency.

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Article 502: Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party relating to procurement within Canada by any of its entities listed in Annex 502.1A, where the procurement value is:
   1. $25,000 or greater, in cases where the largest portion of the procurement is for goods;
   2. $100,000 or greater, in cases where the largest portion of the procurement is for services, except those services excluded by Annex 502.1B; or
   3. $100,000 or greater, in the case of construction.
2. Subject to paragraphs 3 and 4 and Article 517(3), entities listed in Annexes 502.2A and 502.2B are excluded from this Chapter.
3. The entities listed in Annex 502.2B shall be free to pursue commercial procurement practices that may otherwise not comply with this Chapter. Nevertheless, the Parties shall not direct those entities to discriminate against the goods, services or suppliers of goods or services of any Party, including those related to construction.
4. The Provinces, pursuant to negotiations under Article 517(1), agree to extend coverage of this Chapter to municipalities, municipal organizations, school boards and publicly-funded academic, health and social service entities no later than June 30, 1996.
5. Each Party shall communicate any modification to its lists of entities set out in the Annexes to this Article to all other Parties in writing without delay.

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Article 503: Extent of Obligations

Further to Article 102 (Extent of Obligations), each Party is responsible for compliance with this Chapter by its entities listed in Annex 502.1A.

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Article 504: Reciprocal Non-Discrimination

1. Subject to Article 404 (Legitimate Objectives), with respect to measures covered by this Chapter, each Party shall accord to:
   1. the goods and services of any other Party, including those goods and services included in construction contracts, treatment no less favourable than the best treatment it accords to its own such goods and services; and
   2. the suppliers of goods and services of any other Party, including those goods and services included in construction contracts, treatment no less favourable than the best treatment it accords to its own suppliers of such goods and services.
2. With respect to the Federal Government, paragraph 1 means that, subject to Article 404 (Legitimate Objectives), it shall not discriminate:
   1. between the goods or services of a particular Province or region, including those goods and services included in construction contracts, and those of any other Province or region; or
   2. between the suppliers of such goods or services of a particular Province or region and those of any other Province or region.
3. Except as otherwise provided in this Chapter, measures that are inconsistent with paragraphs 1 and 2 include, but are not limited to, the following:
   1. the imposition of conditions on the invitation to tender, registration requirements or qualification procedures that are based on the location of a supplier's place of business or the place where the goods are produced or the services are provided or other like criteria;
   2. the biasing of technical specifications in favour of, or against, particular goods or services, including those goods or services included in construction contracts, or in favour of, or against, the suppliers of such goods or services for the purpose of avoiding the obligations of this Chapter;
   3. the timing of events in the tender process so as to prevent suppliers from submitting bids;
   4. the specification of quantities and delivery schedules of a scale and frequency that may reasonably be judged as deliberately designed to prevent suppliers from meeting the requirements of the procurement;
   5. the division of required quantities or the diversion of budgetary funds to subsidiary agencies in a manner designed to avoid the obligations of this Chapter;
   6. the use of price discounts or preferential margins in order to favour particular suppliers; and
   7. the unjustifiable exclusion of a supplier from tendering.
4. No Party shall impose or consider, in the evaluation of bids or the award of contracts, local content or other economic benefits criteria that are designed to favour:
   1. the goods and services of a particular Province or region, including those goods and services included in construction contracts; or
   2. the suppliers of a particular Province or region of such goods or services.
5. Except as otherwise required to comply with international obligations, a Party may accord a preference for Canadian value- added, subject to the following conditions:
   1. the preference for Canadian value-added must be no greater than 10 per cent;
   2. the Party shall specify in the call for tenders the level of preference to be used in the evaluation of the bid; and
   3. all qualified suppliers must be informed through the call for tenders of the existence of the preference and the rules applicable to determine the Canadian value added.
6. Except as otherwise required to comply with international obligations, a Party may limit its tendering to Canadian goods or suppliers, subject to the following conditions:
   1. the procuring Party must be satisfied that there is sufficient competition among Canadian suppliers;
   2. all qualified suppliers must be informed through the call for tenders of the existence of the preference and the rules applicable to determine Canadian content; and
   3. the requirement for Canadian content must be no greater than necessary to qualify the procured good as a Canadian good.

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Article 505: Valuation of Procurement

1. An entity shall estimate the procurement value as at the time of publication of a notice of a call for tenders in accordance with Article 506.
2. An entity shall, in calculating the procurement value, take into account all forms of remuneration including premiums, fees, commissions and interest.
3. No entity shall prepare, design or otherwise structure a procurement, select a valuation method or divide procurement requirements in order to avoid the obligations of this Chapter.

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Article 506: Procedures for Procurement

1. Each Party shall ensure that procurement covered by this Chapter is conducted in accordance with the procedures set out in this Article.
2. A call for tenders shall be made through one or more of the following methods:
   1. the use of an electronic tendering system that is equally accessible to all Canadian suppliers;
   2. publication in one or more predetermined daily newspapers that are easily accessible to all Canadian suppliers; or
   3. the use of source lists, provided that, in respect of any source list:
      1. registration on the source list is consistent with Article 504;
      2. all registered suppliers in a given category are invited to respond to all calls for tenders in that category; and
      3. a supplier that meets the conditions for registration on the source list is able to register at any time.
3. Each Party shall, no later than January 1, 1995, designate the electronic tendering system or predetermined daily newspapers referred to in paragraphs 2(a) and (b) that it will use when making its calls for tenders. If a Party decides to change the system or a newspaper so designated, it shall notify the other Parties at least 30 days prior to implementing the change.
4. A notice of a call for tenders shall contain at least the following information:
   1. a brief description of the procurement contemplated;
   2. the place where a person may obtain information and tender documents;
   3. the conditions for obtaining the tender documents;
   4. the place where the tenders are to be sent;
   5. the date and time limit for submitting tenders;
   6. the time and place of the opening of the tenders in the event of a public opening; and
   7. a statement that the procurement is subject to this Chapter.
5. Each Party shall provide suppliers with a reasonable period of time to submit a bid, taking into account the time needed to disseminate the information and the complexity of the procurement.
6. In evaluating tenders, a Party may take into account not only the submitted price but also quality, quantity, delivery, servicing, the capacity of the supplier to meet the requirements of the procurement and any other criteria directly related to the procurement that are consistent with Article 504. The tender documents shall clearly identify the requirements of the procurement, the criteria that will be used in the evaluation of bids and the methods of weighting and evaluating the criteria.
7. An entity may limit tenders to goods, services or suppliers qualified prior to the close of call for tenders. However, the qualification process must itself be consistent with Article 504. An invitation to qualify shall be published at least annually by a method referred to in paragraph 2(a) or (b) or shall be distributed to suppliers listed on a source list referred to in paragraph 2(c).
8. An entity may limit a contract award to goods, services or suppliers that have been assessed (for example, certified, evaluated, qualified, registered or verified) by an independent nationally-recognized and industry-supported organization such as the Standards Council of Canada.
9. If a procurement exempted from the obligations of this Chapter under paragraph 11 or 12 or Article 507 or 508 is publicly tendered in a daily newspaper or on an electronic tendering system, the tender notice shall indicate the restrictions and highlight the practices that do not conform with this Article or Article 504.
10. An entity that uses a source list shall:
    1. include information in its policies, procedures and practices describing the circumstances and manner in which the source list is used and any qualification criteria that a supplier must meet in order to register on the source list;
    2. provide written confirmation of registration to any supplier that requests registration on the source list or indicate the qualification criteria that were not met; and
    3. on request by any Party, provide that Party with the tender notice and the list of suppliers that will be invited to bid on a specific tender.
11. An entity of a Party may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances, provided that it does not do so for the purpose of avoiding competition between suppliers or in order to discriminate against suppliers of any other Party:
    1. where an unforeseeable situation of urgency exists and the goods, services or construction cannot be obtained in time by means of open procurement procedures;
    2. where goods or consulting services regarding matters of a confidential or privileged nature are to be purchased and the disclosure of those matters through an open tendering process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest;
    3. where a contract is to be awarded under a cooperation agreement that is financed, in whole or in part, by an international cooperation organization, only to the extent that the agreement between the Party and the organization includes rules for awarding contracts that differ from the obligations set out in this Chapter;
    4. where construction materials are to be purchased and it can be demonstrated that transportation costs and technical considerations impose geographic limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt, compound and pre-mixed concrete for use in the construction or repair of roads;
    5. where compliance with the open tendering provisions set out in this Chapter would interfere with a Party's ability to maintain security or order or to protect human, animal or plant life or health; and
    6. in the absence of a receipt of any bids in response to a call for tenders made in accordance with the procedures set out in this Chapter.
12. Where only one supplier is able to meet the requirements of a procurement, an entity may use procurement procedures that are different from those described in paragraphs 1 through 10 in the following circumstances:
    1. to ensure compatibility with existing products, to recognize exclusive rights, such as exclusive licences, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative;
    2. where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no alternative or substitute exists;
    3. or the procurement of goods or services the supply of which is controlled by a supplier that is a statutory monopoly;
    4. he purchase of goods on a commodity market;
    5. or work to be performed on or about a leased building or portions thereof that may be performed only by the lessor;
    6. for work to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work;
    7. for a contract to be awarded to the winner of a design contest;
    8. for the procurement of a prototype or a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases;
    9. for the purchase of goods under exceptionally advantageous circumstances such as bankruptcy or receivership, but not for routine purchases;
    10. for the procurement of original works of art;
    11. for the procurement of subscriptions to newspapers, magazines or other periodicals; and
    12. for the procurement of real property.

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Article 507: Non-Application

This Chapter does not apply to:

1. procurement of goods intended for resale to the public;
2. procurement of goods, services or construction purchased on behalf of an entity not covered by this Chapter;
3. procurement from philanthropic institutions, prison labour or persons with disabilities;
4. procurement contracts between entities listed in the Annexes to Article 502;
5. procurement of goods, services or construction purchased for representational purposes outside the territory of a Party; and
6. procurement of any goods the interprovincial movement of which is restricted by laws not inconsistent with this Agreement.

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Article 508: Regional and Economic Development

Exceptional Circumstances

1. A Party may, under exceptional circumstances, exclude a procurement from the application of this Chapter for regional and economic development purposes, provided that:
   1. the exclusion of the procurement does not operate to impair unduly the access of persons, goods, services or investments of another Party;
   2. the exclusion of the procurement is not more trade restrictive than necessary to achieve its specific objective;
   3. notice of all such excluded procurements is provided by one or more of the methods specified in Article 506(2) and the notice provides details of the exceptional circumstances; and
   4. the Party seeks to minimize the discriminatory effects of the exclusion on suppliers of the other Parties.
2. In the case of a dispute relating to a procurement excluded from the application of this Chapter under paragraph 1, factors such as the following are to be taken into account in the dispute resolution process:
   1. the frequency of the use by the Party of such exclusions for its procurements;
   2. the extent to which the use by the Party of the exclusion for the particular procurement may contribute to economic development objectives or to the reduction of economic disparities;
   3. whether the use of the exclusion for the particular procurement was applied in a manner to minimize the discrimination among bidders; and
   4. the extent to which the use by the Party of the exclusion affects the development of competitive Canadian companies.

Transitional and Non-Conforming Procurement Measures

3. A Party may continue the transitional procurement policies and programs listed in Column I of Annex 508.3 until January 1, 1996.
4. A Party may continue the non-conforming procurement policies and programs listed in Column II of Annex 508.3, provided that the Party:
   1. prepares an annual written report on such policies and programs; and
   2. conducts a review of such policies and programs, no later than January 1, 1998, to ensure that they meet their regional and economic objectives.

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Article 509: Language

Each entity shall specify the language requirements for its procurement procedures.

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Article 510: Confidentiality

Nothing in this Chapter requires an entity to breach confidentiality obligations imposed by law or to compromise security or commercially sensitive or proprietary information identified by a supplier in its tender documents.

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Article 511: Information and Reporting

1. Each Party shall report annually to the other Parties on procurement by its entities listed in Annex 502.1A. The report shall contain the number and aggregate values of the procurements awarded that equal or exceed the applicable threshold value specified in Article 502. The report shall also contain the estimated aggregate values of contracts awarded below the applicable threshold values. The aggregate values shall be broken down by each category of procurement, being goods, services and construction.
2. The Parties shall, before the date of entry into force of this Agreement, develop a general mechanism to report through an electronic tendering system as provided in Article 516(3).
3. Each Party shall report annually to the other Parties on procurement above the applicable threshold value specified in Article 502 for each of Articles 506(11)(a) and (e) and 506(12)(a) and (h) and on all procurement excluded under Article 508(1) and policies and programs listed in Column I of Annex 508.3, the following information:
   1. the number of contracts;
   2. a description including the value of what was procured for each procurement; and
   3. the total value of the procurements.
4. Statistics shall be collected on the basis of the fiscal year.
5. Each Party shall provide annually to the Secretariat information suitable for publication on that Party's procedures for procurement, and specify:
   1. the name of the contact point to which inquiries or complaints may be made;
   2. the name of any daily newspaper or electronic tendering system used; and
   3. the place where information may be obtained on how to register on a source list or acquire access to any electronic tendering system used.
6. The Secretariat shall compile the information received from the Parties under paragraph 5, in respect of a year, into one advertisement that separately displays the insignia and pertinent information of each Party in a format suitable for newspaper publication. Each Party shall annually publish the advertisement within its territory by either an electronic tendering system or a newspaper.
7. Where, in the context of a procurement by another Party, a Party considers that its rights under this Chapter may have been adversely affected, that Party may request, with the intent of avoiding a dispute, any relevant bid information concerning that procurement from the procuring Party. On receipt of such a request, the procuring Party shall promptly provide such information.

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Article 512: Contact Point

Each Party shall designate a contact point for receiving and reviewing complaints from Parties and suppliers that may arise from the application of this Chapter.

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Article 513: Bid Protest Procedures - Provinces

1. This Article applies to complaints regarding procurement by Provinces.
2. Where, in respect of a specific procurement, a supplier has had recourse to the dispute settlement procedures under another procurement agreement, it may not utilize the bid protest procedures of this Chapter for that specific procurement.
3. The supplier shall communicate its concerns or complaints in writing to the procuring Party with a view to resolving them.
4. Where a supplier has exhausted all reasonable means of recourse with respect to a complaint with the procuring Party, it may make a written request to the contact point in the Province where the supplier is located to seek resolution of the complaint.
5. Where the contact point determines that the complaint is reasonable, it shall, on behalf of the supplier, within 20 days after the date of delivery of the request, approach the contact point of the procuring Party and make representations on the supplier's behalf. Where the contact point determines that the complaint is unreasonable, it shall provide a written notice to the supplier within 20 days after the date of delivery of the request setting out reasons for the decision. Failure to provide such notice is deemed to be notice for the purposes of Article 1712(2)(a) (Initiation of Proceedings by Persons).
6. Where the matter has not been resolved under paragraph 5 within 20 days after the date of delivery of the supplier's request, the Party in whose territory the supplier is located may make a written request for consideration of the complaint by a review panel. The request shall be delivered to the procuring Party and to the Secretariat. Where the Party in whose territory the supplier is located determines the complaint to be unreasonable, it shall provide written notice to the person within 20 days after the date of delivery of the supplier's request. Failure to provide such notice is deemed to be notice for the purposes of Article 1712(2)(b) (Initiation of Proceedings by Persons).
7. The review panel shall consider the complaint in accordance with the following:
   1. each Party shall, before the date of entry into force of this Agreement, establish a roster consisting of competent and impartial people who will be able to serve on and chair review panels, and deliver notice of the roster to the other Parties;
   2. the contact points of the two Parties shall, within five days after the date of delivery of the request by the Secretariat, appoint panellists from the rosters. A panel shall usually consist of a maximum of three members, one selected from each of the rosters of the Parties involved, and a chairperson, also competent and impartial, to be ratified by panel members;
   3. Parties may agree to choose a chairperson who is mutually acceptable and who is not listed on their rosters;
   4. notwithstanding paragraphs (b) and (c), any other composition of a panel acceptable to both Parties is permissible;
   5. the panel shall begin consideration of a complaint within five business days after its formation;
   6. the panel should complete its work within 20 business days after its formation. On formal request, an extension owing to extraordinary circumstances may be granted with notice to all Parties;
   7. the panel shall establish procedures and guidelines appropriate to each case. The contact points of both Parties shall provide secretarial and research support to the panel and maintain necessary records;
   8. the panel may investigate the challenge to determine whether there is an inconsistency with this Chapter. Where necessary, the panel is entitled to receive a copy of pertinent tender documents and other relevant support information that it may require to assist in its determination. The panel shall keep confidential all information obtained by it in accordance with Article 510;
   9. the panel may make written recommendations to the procuring Party and, where appropriate, to the Party in whose territory the supplier is located, concerning practices related to the procurement in question that the panel considers to be inconsistent with this Chapter;
   10. the panel shall deliver its report to both Parties. Both Parties shall consult with each other and the supplier with the object of reaching a mutually acceptable accommodation based on the report; and
   11. both Parties shall share the fees and expenses of the panel equally.
8. The contact points shall, within 10 business days after the date of delivery of the report, append to the report a description of the accommodation or, if an agreement on accommodation has not been reached, the different positions of both Parties. The report is complete and final at this stage.
9. Where a Party considers, as a result of a panel's report and subsequent consultations, or another series of similar unresolved complaints, that the other Party is not complying with the terms of this Chapter, the Party may have recourse to Article 1709 (Non-Implementation - Publicity) or 1710 (Non-Implementation - Retaliatory Action).

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Article 514: Bid Protest Procedures - Federal Government

1. This Article applies to complaints regarding procurement by the Federal Government.
2. In order to promote fair, open and impartial procurement procedures, the Federal Government shall adopt and maintain bid protest procedures for procurement covered by this Chapter that:
   1. allow suppliers to submit bid protests concerning any aspect of the procurement process, which for the purposes of this Article begins after an entity has decided on its procurement requirement and continues through to the awarding of the contract;
   2. encourage suppliers to seek a resolution of any complaint with the entity concerned prior to initiating a bid protest;
   3. ensure that its entities accord fair and timely consideration to any complaint regarding procurement covered by this Chapter;
   4. limit the period within which a supplier may initiate a bid protest, provided that the period is at least 10 business days from the time when the basis of the complaint became known or reasonably should have become known to the supplier;
   5. permit a supplier that does not achieve a successful resolution of its complaint to bring the matter to the attention of an authority, with no substantial interest in the outcome, to receive and consider the complaint and make appropriate findings and recommendations with respect to the complaint;
   6. require the reviewing authority to provide its findings and recommendations in writing and in a timely manner and make them available to the Parties; and
   7. require the reviewing authority to specify its bid protest procedures in writing and make them generally available.
3. The reviewing authority may:
   1. recommend, where appropriate, a delay in awarding a proposed contract pending the resolution of the bid protest;
   2. issue a recommendation to resolve the bid protest, which may include directing the entity to re-evaluate offers or terminate or re-compete the contract in question;
   3. recommend, where appropriate, the award of compensation for lost profit or the costs associated with filing the complaint and preparing the bid; and
   4. make, where appropriate, written recommendations to the entity concerning practices that the reviewing authority considers to be inconsistent with this Chapter.

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Article 515: Relationship to Other Agreements

In the event of an inconsistency between a provision of this Chapter and a provision of any comparable procurement liberalization agreement entered into by two or more Parties before the date of entry into force of this Agreement or subsequently under Article 1800 (Trade Enhancement Arrangements), the provision that is more conducive to trade liberalization prevails to the extent of the inconsistency.

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Article 516: Future Reviews

1. Subject to Article 502(4), the Parties shall, within 12 months after the date of entry into force of this Agreement, undertake a review to:
   1. assess whether this Chapter has met its objectives;
   2. assess and adjust threshold levels, as necessary;
   3. revise this Chapter to accommodate changing principles under this Agreement; and
   4. review the opportunities for progress related to public procurement not covered by or excluded from this Chapter.
2. The Parties shall conduct subsequent reviews in March of each fiscal year and shall present their findings and recommendations to the Committee for inclusion in its annual report on the Agreement.
3. The Parties shall, no later than January 1, 1995, establish a working group on electronic tendering to:
   1. review the operation of electronic tendering systems in relation to the provisions of this Chapter;
   2. develop common approaches for improving:
      1. the cost effectiveness and efficiency for suppliers;
      2. the accessibility of information to governments and suppliers; and
      3. the quality of information and service to suppliers;
   3. design ways to maximize the use of a common system or to ensure that the electronic tendering systems used by the Parties are fully compatible and accessible; and
   4. develop a process for selecting the supplier or suppliers of a common electronic tendering system.
4. The Parties shall review the opportunity to harmonize or reconcile the bid protest procedures provided in Articles 513 and 514 and make appropriate recommendations to the Committee no later than three years after the date of entry into force of this Agreement.
5. The Parties shall, before the date of entry into force of this Agreement, review and finalize the list of excluded services set out in Annex 502.1B.

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Article 517: Future Negotiations

1. The Provinces shall enter into negotiations, to be concluded no later than June 30, 1995, for the special provisions required to extend coverage of this Chapter to municipalities, municipal organizations, school boards and publicly-funded academic, health and social service entities.
2. Subject to Articles 1810(5), (6) and (7) (Future Negotiations), the Parties shall enter into negotiations, to be concluded no later than June 30, 1996, with a view to reducing, modifying or amending the list of entities set out in Annex 502.2A in order to achieve reciprocity by, in particular, listing such entities in either Annex 502.1A or 502.2B.
3. If, as a result of negotiations under paragraph 2, a Party maintains a list of entities in Annex 502.2A, that Party may only direct the procurement of those entities in accordance with the following:
   1. the direction does not operate to impair unduly the access of persons, goods, services or investments of another Party;
   2. the direction is not more trade restrictive than necessary to achieve its specific objective;
   3. the Party complies with Articles 1801(3) through (5) (Regional Economic Development); and
   4. the direction is part of a general framework of regional economic development as defined in Articles 1801(8) and (9) (Regional Economic Development).
4. If, after negotiations under paragraph 2, a Party fails to consent to the reduction, modification or amendment of its list of entities set out in Annex 502.2A, any other Party may:
   1. direct its comparable entities to exclude suppliers of that Party with respect to particular procurements; or
   2. apply specific threshold levels to suppliers of that Party, provided that such threshold levels have economic effects equivalent to those that would have been taken in regard to the comparable entities referred to in paragraph (a).

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Article 518: Definitions

In this Chapter:

bid

means a submission in response to a call for tenders;

call for tenders

means a call for competitive bids from suppliers, inviting them to submit a tender or proposal for the purpose of a procurement;

Canadian good

means a good produced exclusively from domestic materials, a good manufactured in Canada or a good which if exported outside of Canada would qualify as a good of Canada under appropriate rules of origin;

Canadian supplier

means a supplier that has a place of business in Canada;

Canadian value-added

means:

1. in relation to services, the proportion of the service contract performed by residents of Canada; and
2. in relation to goods, the difference between the dutiable value of imported goods and the selling price, taking into account any value added by manufacturers and distributors, and including any costs incurred in Canada related to:
   1. research and development;
   2. sales and marketing;
   3. communications and manuals;
   4. customization and modifications;
   5. installation and support;
   6. warehousing and distribution;
   7. training; and
   8. after-sales service;

construction

means a construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of products and materials, the supply of equipment and machinery if they are included in and incidental to the construction, and the installation and repair of fixtures of a building, structure or other civil engineering or architectural work, but does not include professional consulting services related to the construction contract unless they are included in the procurement;

electronic tendering

means the use of a computer-based system directly accessible by suppliers and providing them with information related to calls for tenders and requests for information;

goods

means, in relation to procurement, moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property) and includes raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract;

information technology

means software, electronic equipment or combinations thereof used to collect, store, process, communicate, protect or destroy information in all its forms, particularly in the form of text, symbol, sound and image;

place of business

means an establishment where a supplier conducts activities on a permanent basis that is clearly identified by name and accessible during normal working hours;

procurement

means the acquisition by any means, including by purchase, rental, lease or conditional sale, of goods, services or construction, but does not include:

1. any form of government assistance such as grants, loans, equity infusion, guarantees or fiscal incentives; or
2. government provision of goods and services to persons or other government organizations;

procurement procedures

means the processes by which suppliers are invited to submit a tender, a proposal, qualification information, or a response to a request for information and includes the ways in which those tenders, proposals or information submissions are treated;

procurement value

means the estimated total financial commitment resulting from a procurement, not taking into account optional renewals when the compulsory part of the contract is of at least one year's duration;

qualification of goods and services

means a process whereby a buyer establishes a list of goods or services capable of responding to a specific need;

request for information

means a procurement procedure whereby suppliers are provided with a general or preliminary description of a problem or need and are requested to provide information or advice about how to better define the problem or need, or alternative solutions. It may be used to assist in preparing a call for tenders;

request for qualification

means a procurement procedure used for the qualification of goods or services or to invite suppliers, if they meet the required qualification criteria, to register on a permanent source list or on a particular source list intended for a specific tender or some specific subsequent tenders;

services

means all services including printing, but does not include those services excluded by Annex 502.1B;

statutory monopoly

means an enterprise that in any relevant market in the territory of a Party has been designated by law or by governmental authority as the sole provider of a good or service;

supplier

means a person who, based on an assessment of that person's financial, technical and commercial capacity, is capable of fulfilling the requirements of a procurement and includes a person who submits a tender for the purpose of obtaining a construction procurement;

tender

means a response to a call for tenders;

technical specification

means a specification that sets out characteristics of goods or their related processes and production methods, or characteristics of services or their related operating methods, including applicable administrative provisions, and may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, process, or production or operating method.

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Annex 502.1A
Government Entities Covered by Chapter Five

The listing for these entities includes subsidiary entities or other entities owned or controlled by these entities.

Newfoundland

• Auditor General
• Department of Education
• Department of Employment and Labour Relations
• Department of Environment and Lands
• Department of Executive Council
• Department of Finance
• Department of Fisheries
• Department of Forestry and Agriculture
• Department of Health
• Department of Industry, Trade and Technology
• Department of Justice
• Department of Mines and Energy
• Department of Municipal and Provincial Affairs
• Department of Social Services
• Department of Tourism and Culture
• Department of Works, Services and Transportation
• House of Assembly
• Newfoundland and Labrador Computer Services
• Public Service Commission

Nova Scotia

• Departments of Government
• Agriculture and Marketing
• Auditor General
• Community Services
• Economic Development and Tourism
• Education and Culture
• Environment
• Finance
• Fisheries
• Health
• Housing and Consumer Affairs
• Human Resources
• Intergovernmental Affairs
• Justice
• Labour
• Legislative and Executive Branches
• Municipal Affairs
• Natural Resources
• Supply and Services
• Transportation and Communications
• Boards, Agencies, Commissions, etc. of the Public Service
• Art Gallery of Nova Scotia
• Chief Electoral Office
• Emergency Measures Organization
• Human Rights Commission
• Nova Scotia Municipal Finance Corporation
• Nova Scotia Business Development Corporation
• Nova Scotia Housing Development Corporation
• Nova Scotia Utilities and Review Board
• Nova Scotia Legal Aid Commission
• Nova Scotia Liquor License Board
• Nova Scotia Securities Commission
• Nova Scotia Sport and Recreation Commission
• Office of the Ombudsman
• Public Archives of Nova Scotia
• Sydney Tarponds Cleanup Inc.
• Waterfront Development Corporation Ltd.
• Workers Compensation Board of Nova Scotia

Prince Edward Island

• Departments
• Executive Council Office
• Legislative Assembly
• Government House
• Agriculture, Fisheries and Forestry
• Economic Development and Tourism
• Education and Human Resources
• Environmental Resources
• Government Reform
• Health and Social Services
• Provincial Affairs and Attorney General
• Provincial Treasury
• Transportation and Public Works
• Agencies
• Employment Development Agency
• Museum and Heritage Foundation
• Health Services Agency
• Island Regulatory and Appeals Commission
• Human Rights Commission
• Advisory Council on the Status of Women

New Brunswick

• Advisory Council on the Status of Women
• Chief Electoral Officer
• Communications New Brunswick
• Board of Commissioners of Public Utilities
• Department of Advanced Education and Labour
• Department of Agriculture
• Department of Economic Development and Tourism
• Department of Education
• Department of the Environment
• Executive Council
• Department of Finance
• Department of Fisheries and Aquaculture
• Department of Health and Community Services
• Department of Income Assistance
• Department of Intergovernmental Affairs
• Department of Justice
• Department of Municipalities, Culture and Housing
• Department of Natural Resources and Energy
• Department of the Solicitor General
• Department of Supply and Services
• Department of Transportation
• Kings Landing Corporation
• Language Training Centre
• Legislative Assembly
• Liquor Licensing Board
• Lotteries Commission of New Brunswick
• Maritime Provinces Higher Education Commission
• Mental Health Commission of New Brunswick
• New Brunswick Crop Insurance Commission
• New Brunswick Geographic Information Corporation
• New Brunswick Harness Racing Commission
• New Brunswick Housing Corporation
• New Brunswick Municipal Finance Corporation
• New Brunswick Occupational Health and Safety Commission
• New Brunswick Police Commission
• New Brunswick Transportation Authority
• Office of the Attorney General
• Office of the Auditor General
• Office of the Comptroller
• Office of the Leader of the Opposition
• Office of the Lieutenant Governor
• Office of the Ombudsman
• Office of the Premier
• Policy Secretariat
• Premier's Council on Health Strategy
• Premier's Council on the Status of Disabled Persons
• Public Service Labour Relations Board
• Regional Development Corporation
• Representations and Electoral Boundaries Commission
• Round Table on the Environment and the Economy
• The New Brunswick Museum
• Worker's Compensation Board of the Province of New Brunswick
• Youth Council of New Brunswick

Quebec

• Bibliothèque nationale du Québec
• Bureau d'audiences publiques sur l'environnement
• Bureau d'examinateurs des mesureurs de bois
• Bureau de révision de l'évaluation foncière du Québec
• Bureau de révision en immigration
• Centre de recherche industrielle du Québec
• Centre québécois de valorisation de la biomasse
• Comité d'accréditation des associations d'élèves ou d'étudiants
• Comité d'admission à la pratique des sages-femmes
• Comité d'évaluation (qualité de l'environnement de la Baie-James)
• Comité d'examen (qualité de l'environnement de la Baie-James)
• Comité de déontologie policière
• Comité de discipline - Loi sur les huissiers
• Comité de réexamen (Régime de retraite des agents de la paix en services correctionnels)
• Comité de réexamen (Régime de retraite des élus municipaux)
• Comité provincial pour la prestation des services de santé et des services sociaux en langue anglaise
• Comités d'examen des demandes dérogatoires (aide financière aux étudiants)
• Comités de révision de l'assurance-maladie
• Commissaire à la déontologie policière
• Commissaire aux plaintes des clients des distributeurs d'électricité
• Commissaire aux plaintes en matière de protection du territoire agricole
• Commissaire de la construction
• Commission administrative des régimes de retraite et d'assurances
• Commission consultative de l'enseignement privé
• Commission d'accès à l'information
• Commission d'appel en matière de lésions professionnelles
• Commission d'appel sur la langue d'enseignement
• Commission d'évaluation de l'enseignement collégial
• Commission d'examen (soins psychiatriques)
• Commission de la construction du Québec
• Commission de la fonction publique
• Commission de la qualité de l'environnement Kativik
• Commission de la santé et de la sécurité du travail
• Commission de protection des droits de la jeunesse
• Commission de protection du territoire agricole du Québec
• Commission de reconnaissance des associations d'artistes
• Commission de toponymie
• Commission des affaires sociales
• Commission des biens culturels du Québec
• Commission des droits de la personne
• Commission des normes du travail
• Commission des services juridiques
• Commission des transports du Québec
• Commission des valeurs mobilières du Québec
• Commission municipale du Québec
• Commission québécoise des libérations conditionnelles
• Conseil consultatif de la lecture et du livre
• Conseil consultatif de pharmacologie
• Conseil consultatif du travail et de la main-d'oeuvre
• Conseil d'arbitrage sur la formation et la qualification professionnelle de la main-d'oeuvre
• Conseil d'évaluation des projets-pilotes (sages-femmes)
• Conseil d'évaluation des technologies de la santÉ
• Conseil de la conservation et de l'environnement
• Conseil de la famille
• Conseil de la langue franþaise
• Conseil de la magistrature
• Conseil de la recherche et du développement en transport
• Conseil de la santé et du bien-être
• Conseil de la science et de la technologie
• Conseil des arts et des lettres du Québec
• Conseil des assurances de dommages
• Conseil des assurances de personnes
• Conseil des communautés culturelles et de l'immigration
• Conseil des services essentiels
• Conseil du statut de la femme
• Conseil médical du Québec
• Conseil permanent de la jeunesse
• Conseil québécois de la recherche sociale
• Conseil supérieur de l'éducation
• Coroner
• Corporation d'hébergement du Québec
• Corporation d'urgence-santé de la région de Montréal métropolitain
• Curateur public
• Fondation de la faune du Québec
• Fonds central pour le bénéfice des personnes incarcérées
• Fonds d'aide aux recours collectifs
• Fonds d'assurance-prêts agricoles et forestiers
• Fonds de la recherche en santé du Québec
• Fonds pour la formation des chercheurs et l'aide à la recherche
• Inspecteur général des institutions financières
• Institut de police du Québec
• Institut de recherche et d'information sur la rémunération
• Institut de tourisme et d'hôtellerie du Québec
• Institut québécois du cinéma
• Ministère de l'Agriculture, des Pêcheries et de l'Alimentation
• Ministère de l'ducation
• Ministère de l'Emploi
• Ministère de l'Environnement et de la Faune
• Ministère de l'Industrie, du Commerce, de la Science et de la Technologie
• Ministère de la Culture et des Communications
• Ministère de la Justice
• Ministère de la Santé et des Services sociaux
• Ministère de la Sécurité du revenu
• Ministère de la Sécurité publique
• Ministère des Affaires internationales, de l'Immigration et des communautés culturelles
• Ministère des Affaires municipales
• Ministère des Finances
• Ministère des Ressources naturelles
• Ministère des Transports
• Ministère du Conseil exécutif
• Ministère du Revenu
• Musée d'art contemporain de Montréal
• Musée de la Civilisation
• Musée du Québec
• Office de la langue franþaise
• Office de la protection du consommateur
• Office de la sécurité du revenu des chasseurs et piégeurs cris
• Office des personnes handicapées du Québec
• Office des professions du Québec
• Office des ressources humaines
• Office des services de garde à l'enfance
• Régie de l'assurance-dépôts du Québec
• Régie de l'assurance-maladie du Québec
• Régie de la sécurité dans les sports
• Régie des alcools, des courses et des jeux
• Régie des assurances agricoles du Québec
• Régie des installations olympiques
• Régie des marchés agricoles et alimentaires du Québec
• Régie des rentes du Québec
• Régie des télécommunications
• Régie du b&eacirc;timent du Québec
• Régie du cinéma
• Régie du gaz naturel
• Régie du logement
• Secrétariat du Conseil du trésor
• Société d'habitation du Québec
• Société d'investissement jeunesse
• Société de développement industriel du Québec
• Société de financement agricole
• Société de l'assurance-automobile du Québec
• Société de la Place des Arts de Montréal
• Société de radio-télévision du Québec
• Société des traversiers du Québec
• Société du Centre des congrès de Québec
• Société du Grand Théâtre de Québec
• Société du Palais des congrès de Montréal
• Société générale des industries culturelles
• Société immobilière du Québec
• Société Innovatech du Grand Montréal
• Société québécoise d'assainissement des eaux
• Société québécoise de développement de la main-d'oeuvre
• Société québécoise des transports
• Sûreté du Québec
• Table ronde québécoise sur l'environnement et l'économie
• Tribunal d'appel en matière de protection du territoire agricole
• Tribunal du travail

Ontario

• Cabinet Office
• Management Board Secretariat
• Civil Service Commission
• Ontario Mortgage Corporation
• Ontario Provincial Police Grievance Board
• Ontario Provincial Police Negotiating Committee
• Ontario Realty Corporation
• Provincial Judges Pensions Board
• Public Service Classification Rating Committee
• Public Service Grievance Board
• Ministry of Agriculture, Food, and Rural Affairs and the following Agencies:
• Agricultural Licensing and Registration Review Board
• Agricultural Rehabilitation and Development Directorate
• Agricultural Research Institute of Ontario
• Beginning Farmer Assistance Program Review Committee
• Cooperative Loans Board of Ontario
• Crop Insurance Commission of Ontario
• Farm Income Stabilization Commission of Ontario
• Farm Organization Accreditation Tribunal
• Farm Practices Protection Board
• Farm Products Appeal Tribunal
• Farm Products Marketing Commission
• Farm Tax Rebate Appeal Board
• Grain Financial Protection Board
• Livestock Financial Protection Board
• Livestock Medicines Advisory Commission
• Ontario Agricultural Museum Advisory Board
• Ontario Crop Insurance Arbitration Board
• Ontario Drainage Tribunal
• Ontario Farm Family Advisor Program Board
• Ontario Farm Implements Board
• Ontario Junior Farmer Establishment Loan Corporation
• Processing Vegetable Financial Protection Board
• Produce Arbitration Board
• Wolf Damage Assessment Board (currently inactive)
• Ministry of the Attorney General and the following Agencies:
• Advisory Committee of Public Trustee on Investments
• Assessment Review Board
• Board of Negotiation
• Criminal Injuries Compensation Board
• Justices of the Peace Remuneration Commission
• Ontario Law Reform Commission
• Provincial Judges Remuneration Commission
• Statutory Powers Procedure Rules Committee
• Ministry of Citizenship and the following Agencies:
• Appointments Advisory Committee
• Ontario Advisory Council for Disability Issues
• Ontario Advisory Council on Multiculturalism and Citizenship
• Ontario Advisory Council on Senior Citizenship
• Ontario Human Rights Commission
• Province of Ontario Medal for Fire Fighters Bravery Advisory Council
• Province of Ontario Medal for Good Citizenship Advisory Council
• Province of Ontario Medal for Police Bravery Advisory Council
• The Advisory Council to the Order of Ontario
• Ministry of Community and Social Services and the following Agencies:
• Child and Family Services Review Board
• Council of Consumers Advisory Agency
• Custody Review Board
• Medical Advisory Board (Family Benefits)
• Social Assistance Review Board
• Soldiers' Aid Commission
• Ministry of Consumer and Commercial Relations and the following Agencies:
• Commercial Registration Appeal Tribunal
• Gaming Control Commission
• Liquor Licence Board of Ontario
• Ontario Film Review Board
• Ontario Racing Commission
• Operating Engineers - Board of Review
• Ministry of Culture, Tourism and Recreation and the following Agencies:
• Advisory Committee on Sport, Fitness and Recreation Safety
• Conservation Review Board
• Huronia Historical Advisory Council
• Old Fort William Advisory Committee
• Ontario Film Development Corporation
• Ontario Heritage Foundation
• Ontario Place Corporation
• Ontario Science Centre
• St. Lawrence Parks Commission
• Ministry of Economic Development and Trade and the following Agencies:
• Eastern Ontario Development Corporation
• Employee Ownership Advisory Board
• Innovation Ontario Corporation
• Northern Ontario Development Corporation
• Ontario Aerospace Corporation
• Ontario Development Corporation
• Ontario International Corporation
• Ontario Telephone Service Commission
• Ministry of Education and Training and the following Agencies:
• Aboriginal Education Council
• Academic Advisory Committee
• Advisory Council on Special Education
• College Relations Commission
• College Standards and Accreditation Council
• Education Relations Commission
• Languages of Instruction Commission of Ontario
• Ontario Council of Regents - Colleges of Applied Arts and Technology
• Ontario Council on University Affairs
• Ontario Parent Council
• Ontario/Regional Special Education Tribunals
• Ontario Student Assistance Program Appeal Board
• Ontario Training and Adjustment Board
• Planning and Implementation Commission
• Private Vocational Schools Review Board
• Provincial Advisory Committee (Apprenticeship and Trades)
• Provincial Schools Authority
• Selection Board (Ontario Graduate Scholarships)
• University Research Incentive Fund Selection Committee
• Ministry of Environment and Energy and the following Agencies:
• Advisory Committee on Environmental Standards
• Board of Negotiation
• Environmental Appeal Board
• Environmental Assessment Board
• Environmental Compensation Corporation
• Farm Pollution Advisory Committee
• Municipal/Industrial Strategy for Abatement Advisory Committee
• Niagara Escarpment Commission
• Ontario Clean Water Agency
• Ontario Energy Board
• Ontario Environmental Assessment Advisory Committee
• Pesticides Advisory Committee
• Ministry of Finance and the following Agencies:
• Commodity Futures Advisory Board (OSC)
• Financial Disclosure Advisory Board (OSC)
• Office of Social Contract Adjudication
• Ontario Financing Authority
• Ontario Insurance Commission
• Ontario Securities Commission
• Pension Commission of Ontario
• Public Sector and Labour Market Productivity Commission
• Ministry of Health and the following Agencies:
• Advisory Committee on Screening for Inherited Diseases in Infants
• Drug Quality and Therapeutics Committee
• Healing Arts Radiation Protection Commission
• Health Care Systems Research Review Committee
• Health Facilities Appeal Board
• Health Professions Board
• Health Professions Regulatory Advisory Council
• Health Protection Appeal Board
• Health Research Personnel Committee
• Health Services Appeal Board
• Health System-Linked Research Units Grants Review Committee
• Hospital Appeal Board
• Laboratory Review Board
• Medical Eligibility Committee
• Medical Review Committee - Health Insurance
• Nursing Homes Review Board
• Ontario Criminal Code Review Board
• Review Boards for Psychiatric Facilities
• Review Committee - Chiropody (Health Insurance)
• Review Committee - Chiropractic (Health Insurance)
• Review Committee - Dentistry (Health Insurance)
• Review Committee - Optometry (Health Insurance)
• Ministry of Housing and the following Agencies:
• Building Code Commission
• Building Materials Evaluation Commission
• Ontario Housing Corporation
• Ministry of Intergovernmental Affairs
• Ministry of Labour and the following Agencies:
• Crown Employees Grievance Settlement Board
• Industrial Disease Standards Panel
• Labour-Management Advisory Committee
• Office of the Employer Advisor
• Office of the Worker Advisor
• Ontario Labour Relations Board
• Ontario Public Service Labour Relations Tribunal
• Pay Equity Commission
• Pay Equity Hearings Tribunal
• Workers' Compensation Appeals Tribunal
• Ministry of Municipal Affairs and the following Agency:
• Ontario Municipal Board
• Ministry of Natural Resources and the following Agencies:
• Crown Timber Boards of Examiners
• Game and Fish Hearing Board
• Ontario Geographic Names Board
• Provincial Parks Council
• Rabies Advisory Committee
• Shibogama Interim Planning Board
• White Dog Area Resources Committee
• Windigo Interim Planning Board
• Ministry of Northern Development and Mines and the following Agency:
• Northern Ontario Heritage Fund Corporation
• Ministry of Solicitor General and Correctional Services and the following Agencies:
• Animal Care Review Board
• Coroner's Council
• Fire Code Commission
• Minister's Advisory Committee on Corrections
• Ontario Board of Parole
• Ontario Civilian Commission on Police Services
• Ontario Police Arbitration Commission
• Ministry of Transportation and the following Agencies:
• Licence Suspension Appeal Board
• Ontario Highway Transport Board
• Ontario Transportation Corporation
• Office of the Premier
• Premier's Council
• Office of Francophone Affairs
• Ontario Native Affairs Secretariat
• Ontario Women's Directorate
• Ontario Advisory Council on Women's Issues

Manitoba

• Departments
• Agriculture
• Consumer and Corporate Affairs
• Culture, Heritage and Citizenship
• Education and Training
• Energy and Mines
• Environment
• Executive Council
• Family Services
• Finance
• Government Services
• Health
• Highways and Transportation
• Housing
• Industry Trade and Tourism
• Justice
• Labour
• Natural Resources
• Northern Affairs
• Rural Development
• Urban Affairs
• Communities Economic Development Fund
• Crown Corporations Council
• Boards, Commissions & Committees
• Accident Review Board
• Addictions Foundation of Manitoba
• Advisory Board - Education
• Advisory Board for Programs for the Hearing Impaired & Deaf
• Advisory Council on Workplace Safety and Health
• Agricultural Crown Lands Advisory Committee
• Art Advisory Committee
• Automobile Injury Compensation Appeal Commission
• Board of Reference
• Board of Review
• Board of Teacher Education & Certification
• Boundary Waters Board
• Building Standards Board
• Canadian Permanent Committee on Geographical Names
• Certificate Review Committee (The)
• Channel Area Loggers Ltd.
• Child Abuse Registry Review Committee
• Civil Service Commission
• Civil Service Superannuation Board
• Civil Service Superannuation Fund Investment Committee
• Clean Environment Commission
• Collective Agreement Board
• Conservation Districts Commission
• Cooperative Loans & Loans Guarantee Board
• Cooperative Promotion Board
• Credit Union Stabilization Fund
• Criminal Injuries Compensation Board
• Day Care Staff Qualifications Review Committee
• Deer Lodge Centre
• Disaster Assistance Board
• Documents Committee
• Ecological Reserves Advisory Committee
• Economic Innovation & Technology Council
• Electricians' Examining Board
• Elevator Board
• Embalmers' and Funeral Directors' Board
• Employer Pension and Insurance Advisory Committee
• Evaluations Committee (The)
• Farm Lands Ownership Board
• Farm Machinery Board
• Flood Forecasting Advisory Committee
• Gas Advisory Committee
• Greater Winnipeg Building Construction Wages Board
• Hearing Aid Board
• Heavy Construction Wages Board
• Highway Traffic Board
• Horse Racing Commission
• Human Resources Opportunity Centres
• Human Rights Commission
• Infrastructure Services
• Insurance Licensing Appeal Board
• Interdepartmental Planning Board
• International Souris River Board of Control
• Judicial Council
• Lake Dauphin Basin Management Board
• Lake of the Woods Control Board
• Land Value Appraisal Commission
• Law Enforcement Review Agency
• Le Centre Culturel Franco-Manitobain
• Legal Aid Manitoba
• Legislative Assembly Management Commission
• License Suspension Appeal Board
• Lower Red River Valley Water Commission
• Manitoba Agricultural Credit Corporation
• Manitoba Arts Council
• Manitoba Association of Agricultural Societies
• Manitoba Boxing and Wrestling Commission
• Manitoba Broiler Hatching Egg Commission
• Manitoba Cancer Treatment and Research Foundation
• Manitoba Centennial Centre Corporation
• Manitoba Chicken Broiler Producers Marketing Board
• Manitoba Council on Aging
• Manitoba Crop Insurance Corporation
• Manitoba Crop Insurance Corporation Rates Appeal Board
• Manitoba Dairy Board
• Manitoba Development Corporation
• Manitoba Developmental Centre Advisory Board
• Manitoba Drug Standards & Therapeutics Committee
• Manitoba Egg Producers Marketing Board
• Manitoba Farm Mediation Board
• Manitoba Film Classification Board
• Manitoba Fire College Advisory Committee
• Manitoba Habitat Heritage Corporation
• Manitoba Health Research Council
• Manitoba Health Services Commission
• Manitoba Heritage Council
• Manitoba Honey Marketing Board
• Manitoba Horticultural Association Advisory Board
• Manitoba Hospital Capital Financing Authority
• Manitoba Labour Board
• Manitoba Labour-Management Review Committee
• Manitoba Law Reform Commission
• Manitoba Mental Health Research Foundation
• Manitoba Milk Prices Review Commission
• Manitoba Milk Producers' Marketing Board
• Manitoba Mineral Resources Ltd.
• Manitoba Museum of Man and Nature & Planetarium
• Manitoba Natural Products Marketing Council
• Manitoba Pork Est.
• Manitoba Public Insurance Corporation Rates Appeal Board
• Manitoba Securities Commission
• Manitoba Swine R.O.P. Advisory Committee
• Manitoba Turkey Producers Marketing Board
• Manitoba Women's Advisory Council
• Manitoba-Northwest Territories Boundary Commission
• Manitoba-Ontario Boundary Commission
• Manitoba-Saskatchewan Boundary Commission
• Medical Review Committee
• Mental Health Review Board
• Minimum Wage Board
• Mining Board
• Moose Lake Loggers Ltd.
• Motor Transport Board
• Municipal Advisory Committee
• Municipal Audit Advisory Committee
• Municipal Board
• Municipal Employees Benefits Board
• Oak & Plum Lakes Management Board
• Oil & Natural Gas Conservation Board
• Peak Vegetable Sales
• Pension Commission of Manitoba
• Power Engineers Advisory Board
• Prairie Provinces Water Board
• Public Library Advisory Board
• Public Schools Finance Board
• Public Utilities Board
• Residential Tenancies Commission
• Rural Building Construction Wages Board
• Sanatorium Board of Manitoba
• Social Services Advisory Committee
• Société d'assurance-dépts des caisses populaires
• Souris River Water Commission
• Standards Council of Canada
• Surface Rights Board
• Taxicab Board
• Teachers' Retirement Allowances Fund Board
• Uniform Law Conference of Canada
• Universities Grants Commission
• Veterinary Medical Board of Manitoba
• Veterinary Services Commission
• Victims Assistance Committee
• Women's Institute Advisory Board
• Workers Compensation Board

Saskatchewan

• Departments
• Agriculture and Food
• Economic Development
• Education, Training and Employment
• Energy and Mines
• Environment and Resource Management
• Executive Council
• Finance
• Health
• Highways and Transportation
• Justice
• Labour
• Municipal Government
• Provincial Secretary
• Social Services
• Secretariats
• Indian and Métis Affairs Secretariat
• Women's Secretariat
• Boards, Commissions and Agencies
• Investment Board
• Public Employees Benefits Agency
• Public Employees Superannuation Commission
• Public Employees Superannuation Plan Supervisory Board
• Public Service Commission
• Public Service Superannuation Board
• Saskatchewan Archives Board
• Treasury Board
• Committees of Cabinet
• Legislative Review Committee
• Orders in Council Review Committee
• Planning and Priorities Committee
• Public Sector Bargaining Committee
• Regulations Review Committee
• Saskatchewan Government Purchasing Agent
• Saskatchewan Property Management Corporation

Alberta

• Government Departments and the Legislative Assembly
• Advanced Education and Career Development
• Agriculture, Food and Rural Development
• Community Development
• Economic Development and Tourism
• Education
• Energy
• Environmental Protection
• Executive Council
• Family and Social Services
• Federal and Intergovernmental Affairs
• Health
• Justice and Attorney General
• Labour
• Legislative Assembly
• Municipal Affairs
• Public Works, Supply and Services
• Transportation and Utilities
• Treasury
• Provincial Agencies
• Agriculture, Food and Rural Development
• Agricultural Financial Services Corporation
• Alberta Agricultural Research Institute
• Alberta Dairy Control Board
• Community Development
• Alberta Foundation for the Arts
• The Alberta Historical Resources Foundation
• Alberta Multiculturalism Commission
• Alberta Sport, Recreation, Parks and Wildlife Foundation
• Glenbow-Alberta Institute
• Glenbow Foundation
• The Government House Foundation
• Economic Development and Tourism
• Alberta Motion Picture Development Corporation
• The Alberta Opportunity Company
• Alberta Research Council
• Tourism Education Council
• Energy
• Alberta Electric Energy Marketing Agency
• Alberta Petroleum Marketing Commission
• 540540 Alberta Ltd.
• Environmental Protection
• Alberta Environmental Research Trust
• Alberta Special Waste Management Corporation
• Environment Council of Alberta
• Tire Recycling Management Board
• Executive Council
• The Alberta Education Communications Corporation
• Energy and Utilities Board
• Natural Resources Conservation Board
• Health
• Alberta Alcohol and Drug Abuse Commission
• Health Facilities Review Committee
• The Wild Rose Foundation
• Municipal Affairs
• Alberta Mortgage and Housing Corporation
• Public Works, Supply and Service
• Alberta Racing Commission
• Transportation and Utilities
• Alberta Resource Railway Corporation
• Treasury
• Alberta Insurance Council
• Alberta Municipal Financing Corporation
• Commercial Enterprises
• Agriculture, Food and Rural Development
• Northern Lite Canola Inc.
• Labour
• The Workers' Compensation Board
• Municipal Affairs
• Alberta Liquor Control Board
• Treasury
• The Alberta General Insurance Company
• The Alberta Government Telephone Commission
• Credit Union Deposit Guarantee Corporation
• SC Financial Ltd.
• SC Properties Ltd.
• 391760 Alberta Ltd.
• 496072 Alberta Ltd. and NFI Finance, Inc.
• Crown-Controlled Corporations
• Treasury
• North West Trust Company
• 354713 Alberta Ltd.

British Columbia

• Ministries
• Aboriginal Affairs
• Agriculture, Fisheries and Food
• Attorney General
• Education
• Employment and Investment
• Energy, Mines and Petroleum Resources
• Environment, Lands and Parks
• Finance and Corporate Relations
• Forests
• Governments Services
• Health
• Housing, Recreation and Consumer Services
• Municipal Affairs
• Skills, Training and Labour
• Small Business, Tourism and Culture
• Social Services
• Transportation and Highways
• Women's Equality
• Boards, Agencies, Committees and Commissions
• Advisory Council on Multiculturalism
• Advisory Council on Services for Women
• Agricultural Land Commission
• Asia Pacific Advisory Committee
• Assessment Appeal Board
• BC Agricultural Industry Development Council
• BC Aquaculture Industry Advisory Council
• BC Arts Board
• BC Board of Parole
• BC Centre for Disease Control
• BC Gaming Commission
• BC Festival of the Arts Society
• BC Film Development Society
• BC Health Research Foundation
• BC Heritage Trust/Heritage Properties
• BC Human Rights Council
• BC Labour Relations Board
• BC Mental Health Society
• BC Police Commission
• BC Purchasing Commission
• BC Racing Commission
• BC Salmon Marketing Council
• BC Securities Commission
• BC Utilities Commission
• Building Code Appeal Board
• Building Safety Advisory Council
• College of Teachers
• Council of the College of Physicians and Surgeons
• Education Advisory Committee
• Emergency Health Services Commission
• Environmental Appeal Board
• Expropriation Compensation Board
• Financial Institutions Commission
• Fire Safety Advisory Council
• Fire Services Advisory Board
• Forest Sector Strategy Advisory Committee
• Government Communications Office
• Hospitals Foundation of BC
• Joint Council on Industrial Reform
• Law Foundation of BC
• Law Reform Commission
• Legal Services Society
• Liquor Appeal Board
• Medical Appeal Board
• Medical Services Commission
• Motor Carrier Commission
• Okanagan Valley Tree Fruit Authority
• Pacific Racing Association
• Pacific Rim Institute of Tourism
• Premier's Advisory Council for People with Disabilities
• Provincial Apprenticeship Board
• Provincial Rental Housing Commission
• Provincial Tourist Advisory Council
• Public Service Employee Relations Council
• Royal British Columbia Museum
• SAFER Eligibility Committee
• Seniors' Advisory Council
• Superannuation Commission
• Terry Fox Medical Research Foundation
• Travel Assurance Board
• Vancouver Stock Exchange
• Waste Reduction Commission
• Workers' Compensation Board
• Workers' Compensation Review Board

Northwest Territories

The following entities are included subject to application of the Business Incentive Policy (see Annex 508.3, Column II).

• Departments
• Executive
• Economic Development and Tourism
• Education, Culture and Employment
• Energy, Mines and Petroleum Resources
• Finance
• Health
• Justice
• Legislative Assembly
• Municipal and Community Affairs
• Personnel
• Public Works and Services
• Renewable Resources
• Safety and Public Services
• Social Services
• Transportation
• Corporations
• N.W.T. Business Credit Corporation
• N.W.T. Development Corporation
• N.W.T. Housing Corporation
• N.W.T. Power Corporation
• Boards, Agencies, Councils
• Advisory Committee on Aboriginal Justice
• Affirmative Action Advisory Committee
• Apprenticeship and Trade Certification Board
• Assessment Appeal Tribunal of the Northwest Territories
• Beverly and Qamanirjuaq Caribou Management Board
• Canadian Porcupine Caribou Management Board
• Gwich'in Interim Land Use Planning Board
• Gwich'in Renewable Resources Board
• Highway Transport Board
• International Porcupine Caribou Board
• Judicial Council for Territorial Judges
• Justices of the Peace Review Council
• Labour Standards Board of the N.W.T.
• Legal Services Board of the N.W.T.
• Liquor Licensing Board
• Municipal Employees Benefits Program Board
• Medical Registration Committee
• Mine Occupational Health and Safety Board
• N.W.T. Arts Council
• N.W.T. Liquor Commission
• N.W.T. Social Assistance Appeal Board
• Natural Resources Conservation Trust Fund Board of Trustees
• Nunavut Wildlife Management Advisory Board
• Peel River Watershed Advisory Committee
• Public Records Committee
• Public Utilities Board of the N.W.T.
• Science Institute
• Status of Women Council of the N.W.T.
• Territorial Board of Revision for the General Taxation Area
• Victims Assistance Committee
• Wildlife Management Advisory Council (N.W.T.)
• Workers' Compensation Board

Yukon

• Department of Community & Transportation Services
• Department of Economic Development
• Department of Education
• Department of Finance
• Department of Government Services
• Department of Health and Social Services
• Department of Justice
• Department of Renewable Resources
• Department of Tourism
• Executive Council Office
• Legislative Assembly
• Public Service Commission
• Women's Directorate

Canada

• Government Departments, Commissions, Agencies, etc.
• Atlantic Canada Opportunities Agency
• Atomic Energy Control Board
• Auditor General of Canada, Office of the
• Canada Employment and Immigration Commission
• Canada Labour Relations Board
• Canadian Centre for Management Development
• Canadian Centre for Occupational Health and Safety
• Canadian General Standards Board
• Canadian Human Rights Commission
• Canadian Intergovernmental Conference Secretariat
• Canadian International Development Agency
• Canadian International Trade Tribunal
• Canadian Polar Commission
• Canadian Radio-television and Telecommunications Commission
• Canadian Security Intelligence Service
• Canadian Transportation Accident Investigation and Safety Board
• Civil Aviation Tribunal
• Commissioner for Federal Judicial Affairs, Office of the
• Commissioner of Official Languages, Office of the
• Competition Tribunal Registry
• Copyright Board
• Correctional Service of Canada
• Department of Agriculture
• Department of Communications
• Department of Consumer and Corporate Affairs
• Department of Employment and Immigration
• Department of Energy, Mines and Resources
• Department of the Environment
• Department of External Affairs
• Department of Finance
• Department of Fisheries and Oceans
• Department of Forestry
• Department of Indian Affairs and Northern Development
• Department of Industry, Science and Technology
• Department of Justice
• Department of Labour
• Department of Multiculturalism and Citizenship
• Department of National Defence
• Department of National Health and Welfare
• Department of National Revenue
• Department of Public Works
• Department of the Secretary of State of Canada
• Department of the Solicitor General
• Department of Supply and Services
• Department of Transport
• Department of Veterans Affairs
• Department of Western Economic Diversification
• Director of Soldier Settlement
• Emergency Preparedness Canada
• Federal Court of Canada, Registry of the
• Federal Office of Regional Development - Quebec
• Federal-Provincial Relations Office
• Fisheries Prices Support Board
• Grain Transportation Agency
• Hazardous Materials Information Review Commission
• Immigration and Refugee Board
• Information and Privacy Commissioners of Canada, Offices of the
• Investment Canada
• Law Reform Commission
• Library of Parliament
• Medical Research Council
• Municipal Development and Loan Board
• NAFTA Secretariat, Canadian Section
• National Archives of Canada
• National Battlefields Commission
• National Energy Board
• National Farm Products Marketing Council
• National Film Board
• National Library
• National Parole Board
• National Research Council of Canada
• National Transportation Agency
• Natural Sciences and Engineering Research Council of Canada
• Northern Pipeline Agency
• Office of the Chief Electoral Officer
• Office of the Coordinator, Status of Women
• Office of the Correctional Investigator of Canada
• Office of the Secretary to the Governor General
• Office of the Superintendent of Financial Institutions
• Patented Medicine Prices Review Board
• Petroleum Monitoring Agency
• Prime Minister's Office
• Privy Council Office
• Procurement Review Board
• Public Service Commission
• Public Service Staff Relations Board
• Royal Canadian Mounted Police
• Royal Canadian Mounted Police External Review Committee
• Royal Canadian Mounted Police Public Complaints Commission
• Royal Commission on New Reproductive Technologies
• Security and Intelligence Review Commission
• Social Sciences and Humanities Research Council
• Statistics Canada
• Statute Revision Commission
• Supreme Court of Canada, Registrar of the
• Tax Court of Canada, Registry of the
• Treasury Board Secretariat and the Office of the Comptroller
• General
• Crown Corporations
• Canadian Museum of Civilization
• Canadian Museum of Nature
• Defence Construction (1951) Limited
• National Capital Commission
• National Gallery of Canada
• National Museum of Science and Technology
• Queens Quay West Land Corporation

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Annex 502.1B
Services Covered by Chapter Five

1. All services are covered except the following:
   1. services that in the Province issuing the tender may, by legislation or regulation, be provided only by any of the following licensed professionals : medical doctors, dentists, nurses, pharmacists, veterinarians, engineers, land surveyors, architects, chartered accountants, lawyers and notaries;
   2. transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects;
   3. services for sporting events procured by organizations whose main purpose is to organize such events;
   4. services of financial analysts or the management of investments by organizations who have such functions as a primary purpose;
   5. financial services respecting the management of government financial assets and liabilities (i.e. treasury operations), including ancillary advisory and information services, whether or not delivered by a financial institution;
   6. health services and social services; and
   7. advertising and public relation services.
2. The foregoing is an illustrative list. The Parties shall, before the date of entry into force of this Agreement, review the list and reduce it in accordance with the principle of open government procurement.

Annex 502.1B
Interpretive Note

(Services Covered by Chapter 5)

1. Annex 502.1B provides a list of services excluded from the coverage of Chapter 5 (Procurement). The Parties recognize that there may be difficulties in distinguishing between contracts for service which may be the subject of procurement by a Party and contracts of service which may be categorized as employer-employee relationships and which are not intended by the Parties to be subject to the procurement obligations found in Chapter 5. To reduce any difficulties in making such a distinction, to aid in the application of the obligations in Chapter 5 and to clearly state their original intent, the Parties issue this interpretive note.
2. Contracts of service are not the procurement of services within the meaning of Chapter 5. Contracts of service is a term which is not to be construed narrowly but rather refers to an employer-employee relationship between a Party and one or more individuals.
3. The Parties recognize that the existence of an employer-employee relationship may be determined according to various tests. For the purposes of determining whether a contract is subject to the procurement obligations of Chapter 5 (or an employer-employee relationship which is not subject to the chapter), the Parties are of the view that consideration should be given to the various elements which constitute the relationship between a Party and an individual or individuals, including the nature of the work and the circumstances in which it is performed.
4. In making a determination as to whether there is an employer-employee relationship between a Party and an individual or individuals, the Parties also believe that consideration should be given, among other factors, to whether:
   1. the Party reserves the right of direction and control over the individual or individuals:
   2. the Party is responsible for remuneration;
   3. the Party hires and has the power to dismiss the individual or individuals;
   4. the Party is believed to be the employer by the employee or employees;
   5. there exists an intention to create an employer-employee relationship, or
   6. there is a chance of profit or risk of loss for the individual or individuals.

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Annex 502.2A

Government Entities Excluded from Chapter Five

This Annex includes entities that are not accountable to executive branches of governments of the Parties, entities whose bjective is national security, businesses of a commercial nature or in competition with the private sector, and state monopolies involved in the transformation and distribution of goods and services.

Newfoundland

• Newfoundland and Labrador Housing Corporation
• Newfoundland and Labrador Hydro Corporation
• Newfoundland Liquor Corporation
• Workers' Compensation Commission

Nova Scotia

• NIL

Prince Edward Island

• Energy Corporation
• Enterprise P.E.I.

New Brunswick

• Algonquin Properties Limited
• Forest Protection Limited
• New Brunswick Liquor Corporation
• New Brunswick Power Corporation
• New Brunswick Research and Productivity Council
• Provincial Holdings Ltd.

Quebec

• Assemblée nationale
• Agence Québec/Wallonie-Bruxelles pour la jeunesse
• Caisse de dépôt et placement du Québec
• Fonds d'indemnisation des planificateurs financiers
• Fonds d'indemnisation du courtage immobilier
• Hydro-Québec
• Office franco-québécois pour la jeunesse
• Parc technologique du Québec métropolitain
• SIDBEC
• Société de développement de la Baie-James
• Société de récupération, d'exploitation et de développement forestiers du Québec (REXFOR)
• Société des alcools du Québec
• Société des établissements de plein air du Québec
• Société des loteries du Québec
• Société du parc industriel et portuaire de Bécancour
• Société du parc industriel et portuaire de Québec-Sud
• Société générale de financement du Québec
• Société nationale de l'amiante
• Société québécoise de récupération et de recyclage (Recyc-Québec)
• Société québécoise d'exploration minière (SOQUEM)
• Société québécoise d'information juridique
• Société québécoise d'initiatives agro-alimentaires
• Société québécoise d'initiatives pétrolières (SOQUIP)

Ontario

• NIL

Manitoba

• NIL

Saskatchewan

The listing for these entities include subsidiary entities or other entities owned or controlled by these entities (including their employees' pension plans).

• Treasury Board Crowns
• Agricultural Credit Corporation
• Agricultural Development Fund Corporation
• Energy Conservation and Development Authority
• Municipal Financing Corporation
• New Careers Corporation
• Prairie Agricultural Machinery Institute
• Saskatchewan Communications Network (SCN)
• Saskatchewan Crop Insurance Corporation
• Saskatchewan Liquor and Gaming Authority
• Saskatchewan Grain Car Corporation
• Saskatchewan Government Printing Company
• Saskatchewan Housing Corporation
• Saskatchewan Municipal Board
• Saskatchewan Research Council
• Saskatchewan Wetland Conservation Corporation
• Government Enterprises (CIC Crowns)
• Crown Investments Corporation (CIC)
• Saskatchewan Government Growth Fund Management Corporation
• Saskatchewan Economic Development Corporation
• SaskEnergy Incorporated
• Saskatchewan Forest Products Corporation
• Saskatchewan Gaming Corporation
• Saskatchewan Government Insurance
• Saskatchewan Opportunities Corporation
• Saskatchewan Power Corporation
• Saskatchewan Telecommunications
• Saskatchewan Transportation Company
• Saskatchewan Water Corporation
• Other Boards, Agencies and Commissions
• Board of Internal Economy
• Electoral Office
• Liquor Board Superannuation Commission
• Liquor and Gaming Licensing Commission
• Saskatchewan Arts Board
• Saskatchewan Pension Plan
• SPC Superannuation Board
• Western Development Museum Board
• Workers' Compensation Board (Saskatchewan)
• Workers' Compensation Superannuation Board
• Other government entities excluded are those pertaining to the
• legislative branch of government, including the Legislative
• Assembly Office, Speaker of the Legislative Assembly, the
• Legislative Library, and the Legislative Counsel and Law Clerk,
• and other offices and officers of the Assembly such as the
• Provincial Auditor and Ombudsman.

Alberta

• NIL

British Columbia

• BC Assessment Authority
• BC Buildings Corporation
• BC Community Financial Service Corporation
• BC Ferry Corporation
• BC Housing Management Commission
• BC Hydro
• BC Lottery Corporation
• BC Pavilion Corporation
• BC Petroleum Corporation
• BC Rail
• BC Systems Corporation
• BC Trade Development Corporation - Premier
• BC Transit
• BC Transportation Financing Authority (including Highway
• Constructors Ltd.)
• Columbia Power Corporation
• Forest Renewal BC
• Insurance Corporation of BC
• Pacific National Exhibition
• Provincial Capital Commission
• The Legislative Assembly
• Victoria Line Ltd.

Northwest Territories

• NIL

Yukon

• Workers' Compensation, Health and Safety Board
• Yukon Anniversaries Commission
• Yukon Arts Centre Corporation
• Yukon College
• Yukon Development Corporation
• Yukon Energy Corporation
• Yukon Hospital Corporation
• Yukon Housing Corporation
• Yukon Human Rights Commission
• Yukon Liquor Corporation
• Yukon Lottery Commission

Canada

• Bank of Canada
• Canada Deposit Insurance Corporation
• Canadian Saltfish Corporation
• Cape Breton Development Corporation
• Enterprise Cape Breton Corporation
• Freshwater Fish Marketing Corporation
• Other exclusions
• Canadian Space Agency
• House of Commons
• The Senate

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Annex 502.2B
Government Entities Covered by Non-Intervention Commitment

This Annex includes entities that are businesses of a commercial nature or in competition with the private sector, and state monopolies involved in the transformation and distribution of goods and services.

Newfoundland

• Lower Churchill Development Corporation
• Marystown Shipyard Ltd.
• Newfoundland Farm Products
• Newfoundland Hardwoods Limited
• Vinland Industries

Nova Scotia

• Check-Inns Limited
• Nova Scotia Liquor Commission
• Nova Scotia Lottery Commission
• Nova Scotia Research Foundation
• Nova Scotia Resources Limited
• Sydney Steel Corporation

Prince Edward Island

• NIL

New Brunswick

• NIL

Quebec

• NIL

Ontario

• Ad Hoc Bodies
• Board of Arbitration (Crown Employees Collective Bargaining
• Act)
• Boards of Arbitration (Labour Relations Act)
• Boards of Arbitration
• Boards of Hospital Arbitration
• Boards of Reference
• Boards of Inquiry (Ontario Human Rights Code)
• Boards of Inquiry (PCC)
• Child Welfare Review Committees
• Commissions of Inquiry
• Conciliation Boards
• Employment Standards Referees
• Industrial Inquiry Commissions
• Labour Relations Officers/Grievance Settlement Officers
• (Crown Employees Collective Bargaining Act)
• Mediators
• Office of the Adjudicator
• Ontario Provincial Police Arbitration Committees
• Police Complaints Commission
• Alcoholism and Drug Addiction Research Foundation (ARF)
• Algonquin Forestry Authority
• Boards of Governors - Colleges of Applied Arts and Technology
• Clarke Institute of Psychiatry
• Community Advisory Boards - Psychiatric Hospitals
• District Health Councils
• Liquor Control Board of Ontario
• Local Housing Authorities
• McMichael Canadian Collection
• Metropolitan Toronto Convention Centre Corporation
• Moosonee Development Area Board
• Niagara Parks Commission
• North Pickering Development Corporation
• Ontario Cancer Institute
• Ontario Cancer Treatment & Research Foundation
• Ontario Casino Corporation
• Ontario Educational Communications Authority
• Ontario Energy Corporation
• Ontario Food Terminal Board
• Ontario Hydro
• Ontario Institute for Studies in Education
• Ontario Lottery Corporation
• Ontario Mental Health Foundation
• Ontario Municipal Employees Retirement Board
• Ontario Northland Transportation Commission
• Subsidiaries:
• Air Dale Ltd.
• Northern Canada Transportation Company Ltd.
• Nipissing Central Railway Company
• The Owen Sound Transportation Company Limited
• The 75887 Ontario Limited
• Star Transfer Limited
• Ontario Pension Board
• Ontario Share and Deposit Insurance Corporation
• Ontario Stock Yards Board
• Ontario Trillium Foundation - Board of Directors
• Ontario Waste Management Corporation
• Ortech Corporation
• Ottawa Congress Centre
• Province of Ontario Council for the Arts
• Royal Ontario Museum
• Science North
• Stadium Corporation of Ontario Ltd.
• Thunder Bay Ski Jumps Limited
• Toronto Area Transit Operating Authority
• Workers' Compensation Board
• Workplace Health and Safety
• Other government entities subject to non-intervention are those pertaining to the legislative branch of government, including the Legislative Assembly, Office of the Speaker of the Legislative Assembly, the Legislative Library, Office of the Clerk of the Legislative Assembly, Office of the Chief Election Officer, and other offices and officers of the Assembly such as the Office of the Provincial Auditor, the Information and Privacy Commissioner/Ontario, and Ombudsman Ontario.

Manitoba

• A.E. McKenzie Co. Ltd.
• Liquor Control Commission
• Manitoba Hazardous Waste Management Corporation
• Manitoba Hydro-Electric Board
• Manitoba Lotteries Corporation
• Manitoba Public Insurance Corporation
• Manitoba Telephone System
• Venture Manitoba Tours Ltd.

Saskatchewan

• NIL

Alberta

• NIL

British Columbia

• NIL

Northwest Territories

• NIL

Yukon

• NIL

Canada

• Atlantic Pilotage Authority
• Atomic Energy of Canada Ltd.
• Canada Council
• Canada Development Investment Corporation
• Canada Lands Company Limited
• Canada Mortgage and Housing Corporation
• Canada Ports Corporation
• Canada Post Corporation
• Canadian Broadcasting Corporation
• Canadian Commercial Corporation
• Canadian Dairy Commission
• Canadian Film Development Corporation
• Canadian National Railway Company
• Canadian Wheat Board, The
• Export Development Corporation
• Farm credit Corporation
• Federal Business Development Bank
• Great Lakes Pilotage Authority Ltd.
• Halifax Port Corporation
• International Development Research Centre
• Laurentian Pilotage Authority
• Marine Atlantic Inc.
• Montreal Port Corporation
• National Arts Centre Corporation
• Pacific Pilotage Authority
• Petro-Canada Limited
• Port of Quebec Corporation
• Prince Rupert Port Corporation
• Royal Canadian Mint
• Saint John Port Corporation
• St. John's Port Corporation
• St. Lawrence Seaway Authority, The
• Standards Council of Canada
• Vancouver Port Corporation
• Via Rail Inc.

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Annex 508.3
Transitional and Non-Conforming Measures

Column I
Transitional Procurement Policies and Programs

Quebec

Quebec excludes the purchase, lease or rental of goods related
to information technology until January 1, 1996.

Ontario

Ontario excludes the purchase or rental of goods related to information technology from Quebec until January 1, 1996.

Column II
Non-Conforming Procurement Policies and Programs

Federal Government

• Industrial and Regional Benefits Policy

  The Federal Government may seek national industrial and regional benefits in procurement exceeding $2 million provided that the evaluation of regional benefits is carried out in a non-discriminatory manner with respect to regions for which the Federal Government has a general framework of regional development.

British Columbia

• Purchasing Commission Act

  Section 4 (2)(k) (Duties and powers of the commission) provides that

  "...the commission may ... create opportunities and programs to encourage local and regional suppliers or in favour of environmentally sound supplies ..."

  Section 8 (Preference to local manufacturers) provides that

  "The commission has power to give a preference ... in the case of goods required in a local area of the Province, in favour of goods produced, manufactured or sold in that area."

• The RISP contract system (B.C. Transportation and Highways)
• The Forest Worker Development Program (B.C. Forests)

Northwest Territories

• Business Incentive Policy (BIP)

  The Government of the Northwest Territories (G.N.W.T.) will continue to apply the BIP, or successor programs having similar objectives, to all procurements by G.N.W.T. departments and corporations, as well as communities and other organizations which receive fifty-one (51) percent or more of funding from the G.N.W.T. The program has the objective of compensating business for the higher costs of northern operations. It operates to discount bids from both northern and southern contractors on the basis of northern and/or local content included in the tender. Most tenders are publicly called and opened and details of the program and its criteria are publicly available and generally are included

Yukon

The Government of Yukon will continue to apply the following programs or contracting conditions, or the successor programs and contracting conditions having similar objectives, to all procurements by the Government of Yukon.

• Business Incentive Policites (BIPs)

  The Business Incentive Policies which provide cash rebates for the use of Yukon apprentices, the use of Yukon labour and materials, and the provision of Yukon-made goods.

• Community Contracting Policy

  The Community Contracting Policy (CCP) which states that

  "Government departments shall contract for goods and services in the communities in which they are to be used, to the extent that their needs can be met by community-bases businesses."

• Supplementary Conditions in Construction Contracts

  The Supplementary Conditions which require cantractors to provide adequate living accommodation, meals, and transportation to the job site, and to make other "best efforts" to hire locally.

Prince Edward Island

• Public Purchasing Act Regulations

  Section 11 exempts certain commodities, including those related to highway maintenance and construction from the application of the Act. The effect of section 11 is to create opportunities to encourage local and regional suppliers.

Newfoundland

• Provincial Preference Act, Chapter 37, 1984

  "An Act to provide for the calculation and consideration of the provincial content factor in the awarding of tenders by government funded bodies."

• Public Tender Act, Chapter 36, 1984

  "An Act to provide for the calling of tenders for the execution of public works and the acquisition of goods and services by government funded bodies.

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