BILL NO. 81
2nd Session, 63rd General Assembly
67 Elizabeth II, 2018
Private Member's Bill
Public-Private Partnership Prohibition Act
First Reading: October 5, 2018
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Public-Private Partnership Prohibition Act.
(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:
(ii) is a type of arrangement prescribed by the regulations;
(I) its design,
(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,
(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
(C) ownership of the public work or the improvements, as the case may be, if held by the
private sector entity, is transferred to the public sector entity or the public sector entity has the option of acquiring title 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.
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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