Bill 214 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii the Legislatne Assembly of Aitberirai Bill 214 the Small Business Act (Legislature 18, Session 4)

L18 S4 4399

Alberta — Bills

1978 Bill 214 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATNE ASSEMBLY OF AItBERIrAi BILL 214 THE SMALL BUSINESS ACT MR. NOTLEY First Reading ______________ --------------------------- Second Reading ______________________________________ _ Committee of the Whole ________________ ---------------- Third Reading _____________________________ "'-____ ~----- Royal Assent ________________________________________ _ Printed by the Queen's Printer for the Province or Alberta, EDMONTON

Bill 214 Mr. Notley BILL 214 1978 THE SMALL BUSINESS ACT (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

(1) In this Act, (a) "Government" includes boards, COmmISSIOnS and agen cies of the Government of Alberta and Crown corpora tions; (b) "Minister" means the Minis'ter of Business Development Tourism; (c) "small business" means a business that is defined as a small business according to the regulations. 2. The Minister shall establish programs to (a) 'assist small businesses to participate in the supply of goods, services and real property to Government; (

b) ensure that a fair proportion of the total sales and leases of Government property be transacted with small busi nesses. 3. ( 1 ) Where a tender is invited by the Government for the purchase of goods, services or real property and a valid tender is received from a small business that is no higher than any other valid tender, then the tender by the small business shall be accepted.

(2) The Minister shall publish prior notice of every tender to be issued for the procurement of goods, services or real pro perty by Government where the anticipated value of the contract exceeds $5000. (3) Subsection (2) shall not apply to tenders (

a) that involve the supply of perishable goods; (

b) that are fur utility services (

c) that are such that the public interest would be seriously injured if an open tender were invited;

Explanatory Notes I. Definition. 2. Programs to assist small businesses. 3. Tenders by Government.

(

d) that are made by an Qrder placed under an existing cQntract; (

e) that are made frQm anQther GQvernment ministry Qr agency Qr a mandatQry SQurce Qf supply; (

f) that are fQr persQnal service cQntracts; (

g) that are fQr services frQm educational institutiQns; (

h) in which the Qnly SQurces are frQm Qutside the PrQvince; (

i) where a tender by invitatiQn has been requested Qf every persQn qualified to' bid in the Province. 4. ( 1) The Minister shall develQP a small business sub cQntracting program (

a) to' enable small businesses to' be cQnsidered fairly as subcQntractQrs and suppliers to CQntractQrs perfQrming wQrk Qr rendering services as prime CQntractQrs Qr sub- . CQntractQrs under GQvernment prQcurement cQntracts; and (

b) to' enable the Minister to' Qbtain frQm any department or agency, such infQrmation cQncerning subcQntracting by its prime CQntractQrs and their subcontractors as the Minister may deem necessary.

(2) SubsectiQn (1) shall nO't be CQnstrued to' authQrize the Minister (

a) to' prescribe the extent to' which any CQntractQr Qr sub CQntractQr shall subcQntract; (

b) to' specify the businesses to which subcQntracts shall be granted; Qr (

c) to' vest in the Minister authority to' administer any indi vidual prime contract Qr subcQntract.

(3) The prQgram shall provide that in evaluating bids Qr in selecting CQntractQrs fQr negQtiated contracts an undertaking to' use small business subcQntractQrs shall be cQnsidered a favQrable factQr in the CQntractQr's bid Qr Qffer. ( 4) The prQgram shall prQvide that any firm awarded a CQn tract with the GQvernment with a value Qver $500000 shall nQminate a persQn to' act as a small business liaisQn Qfficer, to be responsible fQr subcQntracting PQrtiQns Qf the wQrk to' small businesses wherever possible.

(5) Every CQntract fQr gQQds, services Qr real prQperty in ex cess of $500000 in value, including, withQut limiting the gener ality O'f the foregoing, CQntracts for resear'ch and development, maintenance, repair and cQnstructiQn, but not including contracts to' be perfQrmed entirely Qutside the PrQvince, made by a Govern ment or CrQwn cQrporation that in the opiniQn Qf the department, agency or oQrpQratiQn Qffers substantial subcQntracting PQssibili ties, shall require the CQntractQr 2

4. Small business subcontracting program. 2

(

a) to conform tQ the small business subcontracting program; and (

b) to insert in all subcQntracts and purchase orders in excess 'Of $250000 in value that offer substantial PQssibilities for further subcontracting a provision requiring the sub contractor or supplier to confQrm to the small business subcontracting program. 5. The Minister shall: (

a) assist by information and counselling small businesses tQ obtain Government contracts for research and develop ment; (

b) instruct Government to contflact out as much research and development work as cost efficiency permits; (

c) assist small businesses to benef,it from research and devel opment performed under Government contracts or at Government expense; (

d) provide technical information to small businesses; (

e) simplify and decentralize application procedures in order to accomplish the purposes of this section; (0 give preference to small businesses in allocating research grants and loans; and (

g) publish information as to facilities available through smaIl businesses for research and development. 6. The Minister may provide information and counselling to encourage and assist small businesses to engage in co-operatives, partnerships or joint ventures for the provision of central services, the obtaining of materials, equipment, inventories or supplies or showing the benefits of research and development, or for establish ing joint facilities to undertake or utilize the results of research and development. 7. The Minister may (

a) undertake the positiQn of prime contractor for any work to be done fQr any department or agency of the Govern ment by agreement with the department or agency, and subcontract all or part of the work to one or more small businesses; (

b) provide technical and management aids to small busi nesses, by advising and counselling on matters in connec tion with Government pflocurement and property disposal policy and on policies, principles and pflactices of good management, including but not limited to CDst accounting, methods of financing business insurance, accident con trol, wage incentives, and methods engineering, by (

i) oo-operating and advising with voluntary business, professional, educatiQnal and 'Other non-profit organizations, associations and institutions, 3

5. Assistance to small businesses. 6. Information and counselling with respect to cooperation between small businesses. 7. Minister may act as prime contractor. 3

(ii) maintaining a system for the collection and dis semination of information ooncerning the managing, financing and operation of small business, and (iii) such other activities as are deemed appropriate by the Minister; (

c) investigate the means by which the productive capacity of small businesses can be most effectively utilized by Government; (

d) represent the views and interests of small businesses to other departments and agencies who may have dealings with small businesses; and (

e) require reports from such Government departments and agencies as he sees fit ,concerning the progress in pro curement from and contracting with small businesses. 8. There shall be a select standing comm,ittee of the Legislative Assembly to be known as the Small Business Committee that may consider, on its own motion, any aspect of small business protection and development and whioh shall report annually to the Legislative Assembly on such aspects including but not limited to: (

a) proposed legislation and legislative reform; (

b) the state of governmental and private assistance avail able to small businesses respecting training, manpower and management development, research, technical and scientific assistance; (

c) the competitive strength of small business; (

d) suggestions for changes in the policies or activities of the Government that will better fulfill the purposes of this Act; and (

e) such other matters dealing with small businesses as the committee in its opinion considers appropriate. 9. The Lieutenant Governor in Council may make regulations (

a) defining "small business"; (

b) providing for registration of small businesses; or (

c) implementing such parts of the programs established by the Minister as he determines should be made mandatory. 10. Nothing in this Act shall be construed to authorize any department or agency of the Government to publish any informa tion which is confidential to any person. 11. This Act comes into force on a date to be fixed by Proclamation. 4

8. Select Standing Committee on Small Business. 9. Regulations. 10. Confidential information. 4 Title: 1978 (18th, 4th) Bill 214, The Small Business Act

Document details

Collection	Alberta — Bills
Citation	L18 S4 4399
Type	bill
Volume / chapter	L18 S4 4399
Language	en
Format	json
Source	PROVINCIAL
Identifier	3b2bacef081b9252186443c2e8229a0fe54f70c3

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