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Volume 62, No. 9

97/2019

The British Columbia Gazette,

Part II

May 7, 2019

B.C. Reg. 97/2019 , deposited May 3, 2019, under the ENFORCEMENT OF CANADIAN JUDGMENTS AND DECREES ACT [section 10.1]. Order in Council 214/2019, approved and ordered May 3, 2019.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council,

orders that

(

a) the Domestic Trade Agreement Award Regulation, B.C. Reg. 19/2016, is repealed, and

(

b) the attached Domestic Trade Agreement Award Regulation is made.

— D. EBY, Attorney General ; C. TREVENA, Presiding Member of the Executive Council .

DOMESTIC TRADE AGREEMENT AWARD REGULATION

Contents

Definitions

Prescribed trade agreements

NWPTA awards

BPMA awards

BPM awards

CFTA awards

Definitions

1 In this regulation:

"Act" means the Enforcement of Canadian Judgments and Decrees Act ;

"BPMA" means the Agreement Among the Parties to the New West Partnership Establishing the Bid Protest Mechanism entered into by

the governments of Alberta, British Columbia, Manitoba and Saskatchewan, effective January 1, 2019, and includes amendments

to the agreement;

"CFTA" means the Canadian Free Trade Agreement entered into by the governments of Canada, the provinces, Yukon, the Northwest Territories

and Nunavut and includes amendments to the agreement.

Prescribed trade agreements

2 For the purposes of the definition of "prescribed trade agreement" in

section 1 (1) of the Act, the following agreements are

prescribed as prescribed trade agreements:

(

a) the NWPTA;

(

b) the BPMA;

(

c) the CFTA.

NWPTA awards

(1) In this section:

"award for costs" means an award for costs within the meaning of

Article 32 (1) of the NWPTA;

"cost award" means a cost award within the meaning of

Article 38 (6) (

d) of the NWPTA;

"recoupment award" means a recoupment award within the meaning of

Article 38 (6) (

d) of the NWPTA.

(2) For the purposes of paragraph (

d) of the definition of "domestic trade agreement award" in

section 1 (1) of the Act,

the following awards are prescribed:

(

a) an award for costs if no judicial review has been requested in relation to that award under

Article 31 (1) of the NWPTA

within the 15 day period referred to in that Article;

(

b) an award for costs if

(

i) a judicial review has been requested in relation to that award under

Article 31 (1) of the NWPTA within the 15 day period

referred to in that Article, and

(ii) the judicial review court determines that the award should be neither set aside nor remitted to a NWPTA panel;

(

c) if a judicial review of an award for costs has been requested under

Article 31 (1) of the NWPTA and the judicial review

court remits the award to a NWPTA panel, the award for costs as confirmed or amended by the NWPTA panel;

(

d) a cost award or a recoupment award if no judicial review has been requested in relation to that award under

Article 41

(1) of the NWPTA within the 15 day period referred to in that Article;

(

e) a cost award or a recoupment award if

(

i) a judicial review has been requested in relation to that award under

Article 41 (1) of the NWPTA within the 15 day period

referred to in that Article, and

(ii) the judicial review court determines that the award should be neither set aside nor remitted to a NWPTA panel;

(

f) if a judicial review of a cost award or a recoupment award has been requested under

Article 41 (1) of the NWPTA and

the judicial review court remits the award to a NWPTA panel, the cost award or recoupment award as confirmed or amended by

the NWPTA panel.

(3) In the

definitions of "cost award" and "recoupment award" in subsection (1) and in subsection (2) (d), (

e) and (f), a

reference to a provision of the NWPTA is a reference to the provision as it read at the beginning of the day on December 31, 2018.

BPMA awards

(1) In this section, "BPMA award" means any of the following awards issued under

Part IV of the NWPTA, as that Part applies to the BPMA:

(

a) a monetary award within the meaning of

Article 29 (7) of the NWPTA;

(

b) an award for costs within the meaning of

Article 32 (1) of the NWPTA.

(2) In this section, a reference to a provision of the NWPTA is a reference to the provision as it applies to the BPMA.

(3) For the purposes of paragraph (

d) of the definition of "domestic trade agreement award" in

section 1 (1) of the Act,

the following awards are prescribed:

(

a) a BPMA award if no judicial review has been requested in relation to that award under

Article 31 (1) of the NWPTA within

the 15 day period referred to in that Article;

(

b) a BPMA award if

(

i) a judicial review has been requested in relation to that award under

Article 31 (1) of the NWPTA within the 15 day period

referred to in that Article, and

(ii) the judicial review court determines that the award should be neither set aside nor remitted to a NWPTA panel;

(

c) if a judicial review of a BPMA award has been requested under

Article 31 (1) of the NWPTA and the judicial review court

remits the award to a NWPTA panel, the BPMA award as confirmed or amended by the NWPTA panel.

BPM awards

(1) In this section:

"bid preparation cost award" , "operational cost award" and "tariff cost award" have the same meaning as in the BPM;

"BPM" means Division C of the BPMA;

"BPM award" means any of the following awards issued by an arbiter under

Article 7 of the BPM in relation to a specific procurement covered

by any one of the CETA, CFTA, CPTPP, GPA or NWPTA:

(

a) a bid preparation cost award;

(

b) an operational cost award;

(

c) a tariff cost award;

amendments to the agreement;

and includes amendments to the agreement;

the Protocol Amending the Agreement on Government Procurement, done at Geneva on March 30, 2012, and amendments to those agreements.

(2) For the purposes of paragraph (

d) of the definition of "domestic trade agreement award" in

section 1 (1) of the Act,

the following awards are prescribed:

(

a) a BPM award if no judicial review has been requested in relation to that award under

Article 9 (1) of the BPM within

the 15 day period referred to in that Article;

(

b) a BPM award if

(

i) a judicial review has been requested in relation to that award under

Article 9 (1) of the BPM within the 15 day period

referred to in that Article, and

(ii) the judicial review court determines that the award should be neither set aside nor remitted to the arbiter;

(

c) if a judicial review of a BPM award has been requested under

Article 9 (1) of the BPM and the judicial review court remits

the award to an arbiter, the BPM award as confirmed or amended by the arbiter.

CFTA awards

(1) In this section, "additional costs" , "compliance panel" , "monetary penalty" , "presiding body" and "tariff costs" have the same meaning as in

Article 1041 of the CFTA.

(2) For the purposes of paragraph (

d) of the definition of "domestic trade agreement award" in

section 1 (1) of the Act,

the following awards are prescribed:

(

a) an order for tariff costs made by a presiding body;

(

b) an order for additional costs made by a compliance panel;

(

c) an order for a monetary penalty made by a compliance panel.

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