BILL NO. 35
1st Session, 63rd General Assembly
66 Elizabeth II, 2017
Private Member's Bill
Public–Private Partnership Prohibition Act
First Reading: October 10, 2017
An Act to Prohibit
Certain Public–Private Partnerships
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Public–Private Partnership Prohibition Act.
2 (1) In this Act,
(a) "public–private partnership" means a contractual arrangement between a public sector entity and a private sector entity for the procurement of a public work or improvements to a public work that
(i) is an arrangement under which
(A) the private sector entity assumes responsibility for all or substantially all of at least two of the following aspects of the project:
(I) its design,
(B) at least one of the aspects of the project for which the private sector entity assumes responsibility is its long-term operation or maintenance, or the long-term financing for its construction, and
(II) its construction,
(III) the long-term private sector financing for its construction,
(IV) the activities related to its long-term operation,
(V) its long-term maintenance,
(C) ownership of the public work or the improvements, as the case may be, if held by the private sector entity, reverts to the public sector entity during or at the end of the term of the arrangement, or
(ii) is a type of arrangement prescribed by the regulations;
(b) "public work" means any work that is constructed or maintained
(i) for a public purpose by or on behalf of a public sector entity, or
(ii) for the purposes of a public sector entity.
(2) Unless the context indicates otherwise, words and expressions in this Act have the same meaning as in the Public Procurement Act.
3 (1) No public sector entity shall enter into a public–private partnership respecting
(a) construction of any public work;
(b) the purchase, operation or maintenance of any public work;
(c) the public financing of a work that is privately owned or would become privately owned; or
(d) a mortgage.
(2) Notwithstanding subsection (1), a public sector entity may enter into a lease of privately owned facilities, including a lease with an option to purchase.
(3) Notwithstanding subsection (1), a public sector entity may enter into a contract for the design of a public work.
4 This Act does not apply to a contractual arrangement entered into before the coming into force of this Act.
5 (1) The Governor in Council may make regulations
(a) prescribing types of contractual arrangements that are considered public–private partnerships; and
(b) respecting any matter the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
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