BILL NO. 35
(as introduced)
1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017
Public–Private Partnership Prohibition Act
Susan Leblanc
Dartmouth North
First Reading: October 10, 2017
Second Reading:
Third Reading:
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.
(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
(III) the long-term private sector financing for its construction,
(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
(b) "public work" means any work that is constructed or maintained
(2) Unless the context indicates otherwise, words and expressions in this Act have the same meaning as in the Public Procurement Act.
(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
(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.
(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.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2017 Crown in right of Nova Scotia. Created October 10, 2017. Send comments to legc.office@novascotia.ca.
