BILL NO. 66
(as introduced)
2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018
Private Member's Bill
Public Procurement Act
(amended)
The Honourable David A. Wilson
Sackville–Cobequid
First Reading: September 26, 2018
Second Reading:
Third Reading:
Explanatory Note
This Bill amends the Public Procurement Act to
(a) apply it to land and personal service contracts, effective January 1, 2020; and
(b) require public service entities to consider environmental and social factors when evaluating bids.
An Act to Amend Chapter 12
of the Acts of 2011,
the Public Procurement Act
1 Section 4 of Chapter 12 of the Acts of 2011, the Public Procurement Act, is amended by striking out "goods, service, construction and facilities." in the second line and substituting the following clauses:
- (a) goods;
2 Clause 8(1)(a) of Chapter 12 is amended by striking out "and facilities" in the second line and substituting ", facilities, land and personal service contracts".
3 (1) Clause 12(1)(a) of Chapter 12 is amended by striking out "and facilities" in the second line and substituting ", facilities, land and personal service contracts".
(2) Subsection 12(2) of Chapter 12 is amended by striking out "and facilities" in the second line and substituting ", facilities, land and personal service contracts".
(3) Subsection 12(3) of Chapter 12 is amended by striking out "may" in the third line and substituting "shall".
(4) Section 12 of Chapter 12 is further amended by adding immediately after subsection (3) the following subsections:
- (4) When a public sector entity publicly tenders for goods, services, construction or facilities, the public sector entity shall make known all environmental and social factors to be considered when evaluating bids in the same manner in which the tender is advertised.
(5) When evaluating a bid, the public sector entity shall assign each environmental and social factor a price-reduction credit in accordance with the regulations.
(6) In addition to any factors specified in the regulations, the environmental and social factors referred to in subsections (3) to (5) must include
(a) whether the bidder is based in the Province;
(b) whether the bidder is taking or has taken steps to advance the objectives of the Environmental Goals and Sustainable Prosperity Act, and the extent to which those steps have been effective;
(c) whether the bidder is a co-operative;
(d) whether the bidder pays employees a living wage;
(e) whether the bidder maintains a wage-gap between the highest and lowest paid employees of a ratio of no more than 20:1; and
(f) whether the bidder is predominantly owned or managed by women, indigenous persons, African Nova Scotians or other marginalized or economically disadvantaged persons.
(5) Subsection 12(4) of Chapter 12 is amended by striking out "or facilities" and substituting ", facilities, land or personal service contracts".
4 Subsection 14(1) of Chapter 12 is amended by striking out "and constructions" in the second line and substituting "constructions, land and personal service contracts".
5 Subsection 19(1) of Chapter 12 is amended by adding immediately after clause (f) the following clause:
- (fa) respecting price-reduction credits, including the factors to be considered in the
evaluation of bids and the value of credits.
6 Sections 1 and 2, subsections 3(1), (2) and (5) and Section 4 come into force on January 1, 2020.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created September 26, 2018. Send comments to legc.office@novascotia.ca.
