BILL NO. 178
2nd Session, 63rd General Assembly
68 Elizabeth II, 2019
Private Member's Bill
Public Procurement Act
First Reading: October 4, 2019
Clause 1 amends the Public Procurement Act to require public sector entities to consider environmental and social factors when evaluating bids.
Clause 2 requires successful bidders on contracts with a value of $1,000,000 or greater to enter into a community benefits agreement.
Clause 4 allows the Governor in Council to make regulations respecting fair wages and community benefit agreements.
An Act to Amend Chapter 12
of the Acts of 2011,
the Public Procurement Act,
Respecting Fair Wages and Community Benefits
1 Section 12 of Chapter 12 of the Acts of 2011, the Public Procurement Act, is 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.
2 Chapter 12 is further amended by adding immediately after Section 12 the following Section:
- 12A A successful bidder on a public tender that requires the expenditure by a public sector entity of
$1,000,000 or greater shall enter into a community benefits agreement in accordance with the regulations.
3 Chapter 12 is further amended by adding immediately after Section 15 the following Sections:
- 15A In Sections 15B to 15G, "fair wages" means wages and benefits determined in accordance with the regulations;
15B All employees of a supplier, contractor, subcontractor or any other person doing or contracting to do the whole or any part of construction to which this Act applies must be paid fair wages in accordance with the regulations.
15C Every public tender for construction must include a provision that in contracting or subcontracting any part of the construction contemplated by the tender, the supplier, contractor or subcontractor must
15D Fair wages are deemed to be wages for the purpose of the Labour Standard Code, and the collection, complaint and appeal procedures of the Labour Standards Code apply for the purpose of those wages.
15E (1) Suppliers, contractors and subcontractors performing construction to which this Act applies shall keep for each of their employees for a period of one year after the completion of the construction
(2) Suppliers, contractors and subcontractors performing construction to which this Act applies shall, on every pay day, give to each of their employees a written statement of wages and benefits paid to the employee for the pay period including
15F Suppliers, contractors and subcontractors performing construction to which this Act applies shall ensure that a copy of the fair wage rates established under the regulations is posted at every site where construction takes place.
15G (1) A person may make a complaint to the Director of Labour Standards, designated under the Labour Standards Code, if the person has cause to believe that a person has contravened any of Sections 15B to 15F.
4 Section 19 of Chapter 12 is amended by
- (fa) respecting price-reduction credits, including the factors to be considered in the evaluation of bids and the value of credits;
- (ga) establishing fair wage rates and the method of calculating those rates for the purpose of the definition of fair wage;
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