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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE SANDY SANTORI

MINISTER OF MANAGEMENT SERVICES

BILL 23 – 2003

PROCUREMENT SERVICES ACT

Contents

Section

Definitions

Duties and powers of the minister

Best practices

Agreements, fees and charges

Delegation by minister

Regulations

7-12

Consequential Amendments

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

Definitions

1 In this Act:

"government organization" has the same meaning

as in the Budget Transparency and Accountability Act ;

"local public body" means

(

a) a local government body,

(

b) a health care body, or

(

c) an educational body,

as defined in

Schedule 1 of the Freedom of Information

and Protection of Privacy Act , and includes an organization to which

a grant or advance of public money is made but does not include an organization

that, under

section 24 (2) (

d) of the Budget Transparency and Accountability

Act , is prescribed as being included in the government reporting entity;

"minister" means the minister responsible for the administration of this Act;

"participating jurisdiction" means

(

b) the government of another province or an agency of it, or

(

c) a first nation or an agency of it.

Duties and powers of the minister

(1) The minister may do the following:

(

a) acquire and assist in acquiring personal property, other than intangible personal property, for the government, government organizations, local public bodies and participating jurisdictions;

(

b) acquire and assist in acquiring intangible personal property for the government and assist government organizations, local public bodies and participating jurisdictions in acquiring intangible personal property;

(

c) contract on behalf of the government for services, including services respecting the construction of buildings and other works;

(

d) assist government organizations, local public bodies and participating jurisdictions in contracting for services, including services respecting the construction of buildings and other works;

(

e) direct the establishment, maintenance and operation of depots or warehouses in which personal property may be stored and from which it may be distributed;

(

f) dispose and assist in disposing, of personal property of the government, government organizations, local public bodies, and participating jurisdictions;

(

g) carry out prescribed responsibilities.

(2) The minister may carry out an activity described in subsection (1) for a person other than the government, a government organization, a local public body or a participating jurisdiction, if

(

a) the person provides personal property or services to the government, a government organization, a local public body or another, and

(

b) the minister considers that, as a result of carrying out the activity, the government, a government organization or a local public body saves money or a public benefit is otherwise achieved.

Best practices

3 The minister may recommend to government, government

organizations and local public bodies

(

a) practices,

(

b) the form and content of agreements, and

(

c) arrangements

that promote fair and open procurement, competition, demand aggregation, value for money, transparency and accountability.

Agreements, fees and charges

(1) For any of the purposes under this Act,

the minister, on behalf of the government,

(

a) may make agreements and arrangements with government organizations, local public bodies, participating jurisdictions and others, and

(

b) may set fees or charges to be paid by government organizations, local public bodies, participating jurisdictions and others for services provided under this Act.

(2) The discretion under subsection (1) (

b) includes the discretion to set fees or charges that

(

a) apply generally or to specific

(

i) persons, organizations, things or transactions, or

(ii) classes of persons, organizations, things or transactions, and

(

b) may differ for different

(

i) persons, organizations, things or transactions, or

(ii) classes of persons, organizations, things or transactions.

Delegation by minister

5 The minister

(

a) may delegate a power or duty of the minister under this Act to a person employed in the government or in a government organization, and

(

b) may vary or revoke a delegation under this section.

Regulations

6 The Lieutenant Governor in Council may make

regulations referred to in

section 41 of the

Interpretation Act .

Consequential Amendments

British Columbia Buildings Corporation Act

Section 4 (2) (

j) of the British Columbia Buildings Corporation

Act, R.S.B.C. 1996, c. 33, is amended by striking out "subject to and

in accordance with the Purchasing Commission Act ," .

Flood Relief Act

Section 5 of the Flood Relief Act, R.S.B.C. 1996, c. 151, is

repealed.

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy

Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body:

Purchasing Commission

Head:

Minister of Finance and Corporate Relations .

Ministry of Agriculture and Food Act

Section 5 (2) of the Ministry of Agriculture and Food Act,

R.S.B.C. 1996, c. 296, is amended by striking out "With the approval

of the Purchasing Commission, the minister may" and substituting "The

minister may" .

Ministry of Environment Act

Section 5 (

b) of the Ministry of Environment Act, R.S.B.C.

1996, c. 299, is amended by striking out "despite the Purchasing

Commission Act ," .

Purchasing Commission Act

12 The Purchasing Commission Act, R.S.B.C. 1996, c. 392, is repealed.

Explanatory Note

This Bill replaces the now outdated Purchasing Commission Act (the "repealed Act"), and, in doing so, both modernizes the government's procurement legislation and better reflects current practices in the field of procurement.

This Bill replaces the regime under which the Purchasing Commission established under the repealed Act was responsible to the extent set out in that Act, for the acquisition of supplies and services and for the, storage, distribution and disposition of supplies.

This Bill reflects current practices by enabling the Minister of Management Services to carry out each of the powers and duties listed in

section 2.

In describing the role of the minister in relation to public sector procurement, this Bill differentiates, as specified, among the government itself, government organizations, local public bodies and participating jurisdictions, all as defined.

The minister may recommend to government, government organizations and local public bodies practices, agreements and arrangements that promote fair and open procurement, competition, demand aggregation, value for money, transparency and accountability.

By eliminating a number of outdated regulatory requirements, this Bill simplifies the administration of public sector procurement services and reduces the regulatory burden.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada