NEWFOUNDLAND AND LABRADOR
REGULATION 33/18

Procurement Advisory Council Regulations
under the
Public Procurement Act

(Filed May 4, 2018)

Under the authority of section 29 of the Public Procurement Act, I make the following regulations.

Dated at St. John's, April 17, 2018.

Sherry Gambin-Walsh
Minister Responsible for the Public Procurement Agency

REGULATIONS

Analysis

        1.   Short title

        2.   Definitions

        3.   Composition of council

        4.   Terms of reference

        5.   Operations of council

        6.   Duties

Short title

        1. These regulations shall be cited as the Procurement Advisory Council Regulations.

Definitions

        2. In these regulations,

             (a)  "chairperson" means the person referred to in subsection 25(2) of the Act;

             (b)  "council" means the Procurement Advisory Council established under section 25 of the Act; and

             (c)  "member" means a person appointed to the council under section 3.

Composition of council

        3. (1) The council shall consist of the chairperson and a maximum of 14 members who shall represent public bodies, including

      (a) at least one member from

                      (i)  a regional health authority established under the Regional Health Authorities Act,

                     (ii)  a school board elected under the Schools Act, 1997,

                    (iii)  a municipality under the Municipalities Act, 1999,

                    (iv)  the City of Mount Pearl established by the City of Mount Pearl Act, the City of St. John's established by the City of St. John's Act or the City of Corner Brook established by the City of Corner Brook Act, and

                     (v)  Memorial University of Newfoundland or a college established under the College Act, 1996;

             (b)  at least one member who shall represent the agency; and

             (c)  those other persons acceptable to the minister knowledgeable in procurement matters.

             (2)  Where requested to do so by the minister, a public body shall recommend to the minister a person appropriate to be a member of the council and the minister may appoint that person.

             (3)  Members shall be appointed for a minimum 2 year term which may be renewed, but the minister may appoint up to 3 members for a 3 year term which may be renewed.

             (4)  A member may resign the member's appointment by written notice to the minister.

             (5)  A member may be removed from office by the minister before the expiration of the member's term.

             (6)  Where a member resigns, dies, becomes incapable of performing the member's duties or is removed from the council, the minister may appoint another person to serve until the expiry of the term of that member.

             (7)  Where the term of office for a member has expired, the member shall continue as a member until reappointed or replaced.

Terms of reference

        4. The council shall provide advice and make recommendations to the minister respecting

             (a)  the framework and procurement methodologies;

             (b)  the standardization of procurement policies and practices;

             (c)  the identification of efficiencies and cost saving opportunities in the procurement process, including strategic procurement opportunities; and

             (d)  any other matter as determined by the minister.

Operations of council

        5. (1) The council shall

             (a)  meet at the call of the chairperson or at least semi-annually, at a time, place and in a manner determined by the chairperson; and

             (b)  prepare and maintain, in writing, minutes of all meetings.

             (2)  The chairperson shall determine the procedures to be followed at a meeting of the council.

             (3)  The council may

             (a)  establish subcommittees;

             (b)  appoint members of subcommittees; and

             (c)  determine the mandate of subcommittees.

Duties

        6. The council shall

             (a)  support and inform the development of procurement policies and practices for application by public bodies;

             (b)  invite supplier associations or other persons knowledgeable on procurement matters to present to the council on identified opportunities or challenges with respect to public procurement; and

             (c)  perform other duties as determined by the chairperson.

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