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Consolidated TPP Text – Chapter 15-A – Government Procurement

Annex 15-A – Schedule of Canada

Section A

Central Government Entities

Unless otherwise specified, Chapter 15 (Government Procurement) shall cover procurement by entities listed in this Section, subject to the following thresholds:

Thresholds:

130,000 SDRs
Goods

130,000 SDRs
Services

5,000,000 SDRs
Construction Services

List of Entities:

Note to Section A

1. No entity listed in Section A has the power to create subordinate entities.

Section B

Sub-Central Government Entities

Unless otherwise specified, Chapter 15 (Government Procurement) shall cover procurement by entities listed in this Section, subject to the following thresholds:

Thresholds:

355,000 SDRs
Goods

355,000 SDRs
Services

5,000,000 SDRs
Construction Services

List of Entities:

*†Alberta

All Ministries and Agencies (All Government Departments and Provincial Agencies, Boards, Councils, Committees and Commissions) of the Province.

This Section does not include:

1. Legislative Assembly
2. Legislative Assembly Office
3. Office of the Auditor General
4. Office of the Chief Electoral Officer
5. Office of the Ethics Commissioner
6. Office of the Information and Privacy Commissioner
7. Office of the Ombudsman

*†British Columbia

All Ministries, Boards, Commissions, Agencies and Committees of the Province.

This Section does not include the Legislative Assembly.

†Manitoba

All Departments, Boards, Commissions and Committees of the Province.

†New Brunswick

The following provincial entities are included:

1. Chief Electoral Officer
2. Clerk of the Legislative Assembly
3. Department of Agriculture, Aquaculture and Fisheries
4. Department of Business New Brunswick
5. Department of Education and Early Childhood Development
6. Department of Energy and Mines
7. Department of Environment and Local Government
8. Department of Finance
9. Department of Health
10. Department of Justice
11. Department of Natural Resources
12. Department of Post-Secondary Education, Training and Labour
13. Department of Public Safety
14. Department of Social Development
15. Department of Government Services
16. Department of Tourism, Heritage and Culture
17. Department of Transportations and Infrastructure
18. Executive Council Office
19. Labour and Employment Board
20. Language Training Centre
21. New Brunswick Police Commission
22. Office of Human Resources
23. Office of the Attorney General
24. Office of the Auditor General
25. Office of the Comptroller
26. Office of the Leader of the Opposition
27. Office of the Lieutenant-Governor
28. Office of the Ombudsman
29. Office of the Premier

This Section does not cover procurement of sand, stone, gravel, asphalt compound and pre-mixed concrete for use in the construction or repair of roads.

†Newfoundland and Labrador

All Departments of the Province.

†Northwest Territories

All Departments and Agencies of the Territory.

This Section does not cover procurement subject to the Northwest Territories Business Incentive Policy

*†Nova Scotia

This Agreement applies to all Departments and Offices of the Province established under the Public Service Act, except for the following entities and circumstances:

†Nunavut

All Departments and Agencies of the Territory.

This Section does not cover procurement subject to the Nunavummi NangminiqaqtunikIkajuuti (NNI Policy) nor those contracts within the terms of Article 24 of the Nunavut Land Claims Agreement.

Ontario

All Ministries of the Province.

The following Agencies are included:

1. AgriCorp
2. Centennial Centre of Science and Technology (Ontario Science Centre)
3. Deposit Insurance Corporation of Ontario
4. Metropolitan Convention Centre Corporation
5. Niagara Parks Commission
6. Ontario Clean Water Agency
7. Ontario Financial Services Commission
8. Ontario Immigrant Investor Corporation
9. Ontario Mortgage and Housing Corporation
10. Ontario Mortgage Corporation
11. Ontario Northland Transportation Commission
12. Ontario Tourism Marketing Partnership Corporation
13. Ottawa Congress Centre
14. Science North

*†Prince Edward Island

All Departments of the Province.

This Section does not cover procurement of construction materials that are used for highway construction and maintenance.

*Québec

All departments of the Province and the governmental agencies set out in subparagraph (2) of the first paragraph of section 4 of the Act Respecting Contracting by Public Bodies (Chapter C-65.1).

The following entities are also included:

1. Agence du revenu du Québec (Québec Revenue Agency)

2. Institut national d’excellence en santé et en services sociaux (National Institute for Excellence in Health and Social Services)

This Section does not cover procurement:

Chapter 15 (Government Procurement) shall not apply to any measure of Québec adopted or maintained with respect to culture or cultural industries.

*†Saskatchewan

All Ministries of the Province.

The following Boards and Agencies are covered:

Public Employee Benefits Agency
Saskatchewan Archives Board
Saskatchewan Arts Board

This Section does not include Legislative Branch Entities.

*†Yukon

The following Departments of the Territory are covered:

Department of Community Services
Department of Economic Development
Department of Education
Department of Energy, Mines and Resources
Department of Environment
Department of Finance
Department of Health and Social Services
Department of Highways and Public Works
Department of Justice
Department of Tourism and Culture
Executive Council Office
Public Service Commission

The following Agencies are included:

French Language Services Directorate
Women’s Directorate
Yukon Worker’s Compensation Health and Safety Board

Notes to Section B:

Section C

Other Entities

Unless otherwise specified, Chapter 15 (Government Procurement) shall cover procurement by the entities listed in this Section, subject to the following thresholds

Thresholds:

355,000 SDRs
Goods

355,000 SDRs
Services

5,000,000 SDRs
Construction Services

List of Other Entities:

Notes to Section C

1. Chapter 15 (Government Procurement) shall not cover procurement by or on behalf of the Royal Canadian Mint of direct inputs for use in minting anything other than Canada legal tender.

2. Chapter 15 (Government Procurement) shall not cover procurement by the Canada Lands Company Limited or its subsidiaries for the development of real property for commercial sale or resale.

3. Chapter 15 (Government Procurement) shall not cover leasing or rental of transportation equipment by or on behalf of Canada Post Corporation, Marine Atlantic Inc., or any pilotage authority.

Section D

Goods

1. Unless otherwise specified and subject to paragraph 2, Chapter 15 (Government Procurement) shall cover all goods.

2. Subject to the application of Article 29.2 (Security Exceptions) with respect to procurement by the Department of National Defence, the Royal Canadian Mounted Police, the Department of Fisheries and Oceans for the Canadian Coast Guard, and provincial police forces, Chapter 15 (Government Procurement) shall cover only the goods described in the Federal Supply Classifications (FSC) listed below:

FSC 22. Railway equipment

FSC 23. Motor vehicles, trailers and cycles (except buses in 2310 and except military trucks and trailers in 2320 and 2330 and tracked combat, assault and tactical vehicles in 2350 and wheeled combat, assault and tactical vehicles in 2355 formerly classified in 2320) FSC 24. Tractors

FSC 25. Vehicular equipment components

FSC 26. Tires and tubes

FSC 29. Engine accessories

FSC 30. Mechanical power transmission equipment

FSC 32. Woodworking machinery and equipment

FSC 34. Metal working machinery

FSC 35. Service and trade equipment

FSC 36. Special industry machinery

FSC 37. Agricultural machinery and equipment

FSC 38. Construction, mining, excavating and highway maintenance equipment

FSC 39. Materials handling equipment

FSC 40. Rope, cable, chain and fittings

FSC 41. Refrigeration and air conditioning equipment

FSC 42. Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)

FSC 43. Pumps and compressors

FSC 44. Furnace, steam plant, drying equipment and nuclear reactors

FSC 45. Plumbing, heating and sanitation equipment

FSC 46. Water purification and sewage treatment equipment

FSC 47. Pipe, tubing, hose and fittings

FSC 48. Valves

FSC 49. Maintenance and repair shop equipment

FSC 52. Measuring tools

FSC 53. Hardware and abrasives

FSC 54. Prefabricated structures and scaffolding

FSC 55. Lumber, millwork, plywood and veneer

FSC 56. Construction and building materials

FSC 61. Electric wire and power and distribution equipment

FSC 62. Lighting fixtures and lamps

FSC 63. Alarm and signal systems

FSC 65. Medical, dental and veterinary equipment and supplies

FSC 66. Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; and 6665: Hazard detecting instruments and apparatus)

FSC 67. Photographic equipment

FSC 68. Chemicals and chemical products

FSC 69. Training aids and devices

FSC 70. General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)

FSC 71. Furniture

FSC 72. Household and commercial furnishings and appliances

FSC 73. Food preparation and serving equipment

FSC 74. Office machines, text processing system and visible record equipment

FSC 75. Office supplies and devices

FSC 76. Books, maps and other publications (except 7650: drawings and specifications)

FSC 77. Musical instruments, phonographs and home-type radios

FSC 78. Recreational and athletic equipment

FSC 79. Cleaning equipment and supplies

FSC 80. Brushes, paints, sealers and adhesives

FSC 81. Containers, packaging and packing supplies

FSC 85. Toiletries

FSC 87. Agricultural supplies

FSC 88. Live animals

FSC 91. Fuels, lubricants, oils and waxes

FSC 93. Non-metallic fabricated materials

FSC 94. Non-metallic crude materials

FSC 96. Ores, minerals and their primary products

FSC 99. Miscellaneous

Section E

Services

1. Unless otherwise specified, Chapter 15 (Government Procurement) shall cover the services specified in paragraphs 2 and 3.  Such services are identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov.) which is found at:  http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1.  For purposes of implementation of Chapter 15 (Government Procurement), Canada reserves the right to use a classification system of its choosing.

2. Chapter 15 (Government Procurement) shall cover the following services procured by central government entities listed in Section A and other entities listed in Section C:

3. Chapter 15 (Government Procurement) shall cover the following services procured by central government entities listed in Section A, sub-central government entities listed in Section B, and other entities listed in Section C:

Notes to Section E

1. Chapter 15 (Government Procurement) shall not cover procurement of the following:

2. The coverage of any service listed in this Section that is provided by or from an aircraft is covered with respect to a particular Party only to the extent that such Party provides effective market access for such service in its territory.

Section F

Construction Services

1. Unless otherwise specified and subject to paragraph 2, Chapter 15 (Government Procurement) shall cover all construction services identified in Division 51 of the United Nations Provisional Central Product Classification (CPC Prov.) .

2. Chapter 15 (Government Procurement) shall not cover procurement of the following:

Section G

General Notes

Unless otherwise specified, the following General Notes shall apply to Chapter 15 (Government Procurement), including to Sections A through F.

1. Chapter 15 (Government Procurement) shall not cover procurement in respect of:

2. Chapter 15 (Government Procurement) shall not cover procurement by a procuring entity from another government entity.

3. Chapter 15 (Government Procurement) shall not apply to:

4. For greater certainty, Chapter 15 (Government Procurement) shall be interpreted in accordance with the following:

Section H

Threshold Adjustment Formula

1. The thresholds shall be adjusted in every even-numbered year with each adjustment taking effect on January 1, beginning on January 1 of the first even-numbered year after the date of entry into force of this Agreement for Canada.

2. Every two years, Canada shall calculate and publish the value of the thresholds under Chapter 15 (Government Procurement) expressed in Canadian dollars.  These calculations shall be based on the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics .

3. The conversion rates shall be the average of the daily values of the Canadian dollar in terms of the Special Drawing Rights (SDR) over the two-year period preceding October 1 of the year before the adjusted thresholds are to take effect.

4. Canada shall consult if a major change in its national currency relative to the SDR or to the national currency of another Party were to create a significant problem with regard to the application of Chapter 15 (Government Procurement).

Section I

Procurement Information

All information on government procurements is published on the following websites:

Legislation and Regulations: http://laws-lois.justice.gc.ca
Canadian Government Tender System: https://buyandsell.gc.ca/

Section J

Transitional Measures

None.

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