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ARCHIVED General Conditions - Supply Arrangement - Goods or Services

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2020 01 (2015-07-03) Interpretation

“Administrative Agreement”
is a negotiated agreement with the Minister of PWGS as provided for in the Ineligibility and Suspension Policy.
“Affiliate”
is a person, including, but not limited to, organizations, bodies corporate, societies, companies, firms, partnerships, associations of persons, parent companies or subsidiaries, whether partly or wholly-owned, as well as individuals, directors, officers and key employees if:
  1. one controls or has the power to control the other, or
  2. a third party has the power to control both.
"Canada", "Crown", "Her Majesty" or "the Government"
means Her Majesty the Queen in right of Canada as represented by the Minister of Public Works and Government Services and any other person duly authorized to act on behalf of that Minister.
“Control”
means:
  1. direct control, such as where:
    1. a person controls a body corporate if securities of the body corporate to which are attached more than 50 percent of the votes that may be cast to elect directors of the body corporate are beneficially owned by the person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate;
    2. a person controls a corporation that is organized on a cooperative basis if the person and all of the entities controlled by the person have the right to exercise more than 50 percent of the votes that may be cast at an annual meeting or to elect the majority of the directors of the corporation;
    3. a person controls an unincorporated entity, other than a limited partnership, if more than 50 percent of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity;
    4. the general partner of a limited partnership controls the limited partnership; and
    5. a person controls an entity if the person has any direct or indirect influence that, if exercised, would result in control in fact of the entity.
  2. deemed control, such as where:
    a person who controls an entity is deemed to control any entity that is controlled, or deemed to be controlled, by the entity
  3. indirect control, such as where:
    a person is deemed to control, within the meaning of paragraph (a) or (b), an entity where the aggregate of:
    1. any securities of the entity that are beneficially owned by that person, and
    2. any securities of the entity that are beneficially owned by any entity controlled by that person
    is such that, if that person and all of the entities referred to in paragraph (c)(ii) that beneficially own securities of the entity were one person, that person would control the entity.
“Ineligibility”
means a person not eligible to contract with Canada;
"Supplier"
means the person or entity whose name appears on the Supply Arrangement and who has become a pre-qualified supplier and been issued a Supply Arrangement;
"Supply Arrangement"
means the written arrangement between Canada and the Supplier, these general conditions, any referenced clauses and conditions, and any other document specified or referred to as forming part of the Supply Arrangement;
"Supply Arrangement Authority"
means the person designated as such in the Supply Arrangement, or by notice to the Supplier, to act as the representative of Canada in the management of the Supply Arrangement.
“Suspension”
means a determination of temporary ineligibility by the Minister of PWGS.

2020 02 (2008-12-12) Standard Clauses and Conditions

Pursuant to the Department of Public Works and Government Services Act, S.C. 1996, c. 16, the clauses and conditions identified in the Supply Arrangement by number, date and title are incorporated by reference into the Supply Arrangement and form part of any contract resulting from the Supply Arrangement as though expressly set out in the Supply Arrangement and resulting contract.

2020 03 (2011-05-16) Bid Solicitations and Resulting Contracts

The Supplier understands that identified users are allowed under a Supply Arrangement to solicit bids and award contracts to pre-qualified suppliers only. Suppliers must be pre-qualified and issued a Supply Arrangement to meet the requirements of a bid solicitation and/or be awarded a contract under a Supply Arrangement. If the Supply Arrangement includes ceiling prices or rates, suppliers will be allowed to lower their prices or rates based on the actual requirement or statement of work described in the bid solicitation. For competitive requirements, bid solicitations will be issued in accordance with the process established in the Supply Arrangement. Bids will be evaluated and contracts will be awarded in accordance with the process described in each bid solicitation. Each contract awarded will be considered to be a separate binding contract established between the contracting department or agency and the Supplier.

The Supplier understands and agrees that:

  1. issuance of a supply arrangement to the Supplier does not oblige Canada to authorize or order all or any of the goods or services described in the Supply Arrangement or to spend any monies whatsoever;
  2. a contract will exist only if there is an authorized contract awarded under the Supply Arrangement and only for those goods, services, or both which are described in the contract;
  3. Canada's liability is limited to that which arises from contracts awarded under the Supply Arrangement;
  4. Canada has the right to procure the goods and services specified in the Supply Arrangement by means of any other contract, standing offer or contracting method;
  5. neither the Supply Arrangement nor any bid in response to a bid solicitation issued in accordance with it can be assigned or transferred in whole or in part.

2020 04 (2008-12-12) Supply Arrangement Period

The Supply Arrangement may be issued for a specific period as set out in the Supply Arrangement or until such time as Canada no longer considers it to be advantageous to use the Supply Arrangement to award contracts under the Supply Arrangement framework.

2020 05 (2014-09-25) Modifications

  1. From time to time, Canada may modify the conditions of the Supply Arrangement. Canada will advise all suppliers of any proposed modification to the supply arrangement and will provide suppliers with an opportunity to either withdraw or confirm their consent to the modification. The Supplier may withdraw if it no longer wishes to be considered for future contracts as a result of the modification. If the Supplier does not withdraw, the Supplier must confirm its consent to the modification and confirm that it meets any qualification requirement that may be affected by the modification. The Supplier must provide any information or evidence the Supply Arrangement Authority may require to verify that the Supplier continues to be a qualified supplier.
  2. Canada may also, from time to time, update the conditions of the bid solicitation and resulting contract clauses included in the Supply Arrangement. Canada will then publish the updates no less than 10 working days before including them in any individual bid solicitation. Canada may also modify the requirement described in the Supply Arrangement or, if the Supply Arrangement includes categories, modify the requirements associated with categories. If Canada adds a new category, the Supplier may submit an application to qualify for that category. Upon successful qualification, that category will simply be added to the Supplier's existing Supply Arrangement. In the event of a modification to the requirement, the Supplier may either be required to qualify in respect to the modification only or to submit another arrangement, depending on the extent of the modification.
  3. Modifications will not affect contracts that are already in place before the date of the modification.

2020 06 (2014-09-25) Confirmation of Qualification

  1. The Supplier must continue to meet all the qualification requirements related to the Supply Arrangement during the entire period of the Supply Arrangement. Any certification provided by the Supplier must be true on the date of the Supply Arrangement and remain true throughout the period of the Supply Arrangement. The Supplier must immediately notify the Supply Arrangement Authority if it no longer meets any of the qualification requirements of the Supply Arrangement.
  2. The Supply Arrangement Authority may require the Supplier to confirm its qualification at any time and provide evidence to support its confirmation. If the Supplier no longer meets any of the requirements for qualification, Canada may, at its option:
    1. suspend the Supply Arrangement until the Supplier has demonstrated, to the satisfaction of Canada, that it meets the requirements in respect of which it has been found deficient. During this time, the Supplier will not be eligible to bid on bid solicitations issued under the Supply Arrangement;
    2. suspend the Supplier's qualification under specific categories of the Supply Arrangement until the Supplier has demonstrated, to the satisfaction of Canada, that it meets the requirements in respect of which it has been found deficient. During this time, the Supplier will not be eligible to bid on bid solicitations issued under Supply Arrangement for those categories;
    3. cancel the Supply Arrangement or the Supplier's qualification for specific categories, in which case, the Supplier will not be allowed to submit a new arrangement for a period of six months following the cancellation.

2020 07 (2008-12-12) On-going Opportunity For Qualification

The Supplier understands that either through a notice posted on the Government Electronic Tendering Service (GETS) or through a process set out in the Supply Arrangement, new suppliers may submit arrangements to pre-qualify and be added to the list of suppliers pre-qualified to provide the goods and services described in the Supply Arrangement. This process will also permit pre-qualified suppliers to qualify for requirements for which they are not already qualified. The Supplier acknowledges that Canada may issue an unlimited number of supply arrangements and may continue to issue supply arrangements to pre-qualified suppliers throughout the Supply Arrangement period.

2020 08 (2014-09-25) Withdrawal by Supplier

If the Supplier wishes to withdraw from the Supply Arrangement or only from any specific category, the Supplier must advise Canada by providing no less than 30 days written notice to the Supply Arrangement Authority, unless provided otherwise in the Supply Arrangement.

Upon receipt of the notice, the Supply Arrangement Authority will remove the Supplier from the list of pre-qualified suppliers and the Supplier will not be eligible to bid on bid solicitations issued under the Supply Arrangement anymore. The Supplier will be required to qualify again to become a pre-qualified supplier.

The Supplier acknowledges that its withdrawal will not affect any contract entered into before the receipt by the Supply Arrangement Authority of the notice. Canada may at its discretion advise the Supplier that the Supplier will not be allowed to submit a new arrangement to re-qualify for a period of time as determined by Canada.

2020 09 (2014-09-25) Suspension or Cancellation of Qualification by Canada

  1. Canada may, by sending written notice to the Supplier, suspend or cancel the Supply Arrangement under any of the following circumstances:
    1. the Supplier no longer meets any of the required qualifications of the Supply Arrangement as provided in section 6;
    2. the Supplier is in default in carrying out any of its obligations under any resulting contract and Canada has exercised its contractual right to terminate the contract for default;
    3. the Supplier becomes bankrupt or insolvent, or takes the benefit of any statute relating to bankrupt or insolvent debtors, or if a receiver is appointed under a debt instrument or a receiving order is made against the Supplier, or an order is made or a resolution passed for the winding-up of the Supplier;
    4. Canada has imposed measures on the Supplier under the Vendor Performance Corrective Measure Policy (or such similar policy that may be in place from time to time).
  2. Suspension or cancellation of the Supply Arrangement will not affect the right of Canada to pursue other remedies or measures that may be available. It will not, on its own, affect any contract entered into before the issuance of the notice. The Supply Arrangement Authority will however remove the Supplier from the list of pre-qualified suppliers and the Supplier will not be eligible to bid on bid solicitations issued under the Supply Arrangement. The Supplier will not be allowed to submit another arrangement for a period to be determined by Canada.

2020 10 (2008-12-12) Termination of Contracts made under the Supply Arrangement

If a contract made under the Supply Arrangement is terminated for default or otherwise, such termination does not terminate the Supply Arrangement. The Supplier acknowledges, however, that a default under any contract made under the Supply Arrangement may result in the suspension or cancellation of the Supply Arrangement.

2020 11 (2008-12-12) Joint Venture

If the Supplier is a joint venture, the Supplier agrees that all members of the joint venture are jointly and severally or solidarily liable for the performance of any contract awarded under the Supply Arrangement. If the membership of a joint venture changes, the Supply Arrangement will be cancelled and members who wish to qualify separately or as part of a different joint venture must submit a new arrangement by following the qualification process established by Canada.

2020 12 (2008-05-12) Publication of Supply Arrangement Information

  1. The Supplier agrees that Canada may publish certain information related to the Supply Arrangement or a supply arrangement catalogue. The Supplier agrees to the disclosure of the following information included in the Supply Arrangement:
    1. the conditions of the Supply Arrangement;
    2. the Supplier's procurement business number, its name, the name, address, telephone number, fax number and e-mail address of its representative;
    3. the Supplier's profile and its level of security clearance;
    4. the Supplier's qualified domains of expertise or the categories for which the Supplier has qualified.
  2. Canada will not be liable for any errors, inconsistencies or omissions in any published information. If the Supplier identifies any error, inconsistency or omission, the Supplier agrees to notify the Supply Arrangement Authority immediately.

2020 13 (2008-12-12) Application of Trade Agreements

The Supplier understands that even if the qualification process established for the issuance of the Supply Arrangement was subject to the World Trade Organization Agreement on Government Procurement, the North American Free Trade Agreement, and the Agreement on Internal Trade, not all three agreements will necessarily apply to individual bid solicitations under the Supply Arrangement. The trade agreements applicable to individual bid solicitations will be identified on a case-by-case basis.

2020 14 (2008-05-12) Costs

The Supplier will not be reimbursed for any costs incurred before the award of a contract and no costs incurred before the award of a contract can be charged to the Supply Arrangement or any contract entered into under the Supply Arrangement.

2020 15 (2012-07-16) Disclosure of Information

The Supplier agrees to the disclosure of its supply arrangement unit prices or rates by Canada, and further agrees that it will have no right to claim against Canada, the Identified User, their employees, agents or servants in relation to such disclosure.

2020 16 (2015-07-03) Integrity Provisions - Supply Arrangement

  1. Statement
    1. The Supplier must comply with the Code of Conduct for Procurement and must comply with the terms set out in these Integrity Provisions.
    2. The Supplier confirms that it understands that convictions of certain offences, a false declaration in its arrangement, a false declaration under the Contract or failing to maintain up-to-date information requested may lead to the Supply Arrangement being cancelled and a termination for default of any resulting contracts. If the Supplier or any of its Affiliates fail to remain free and clear of any convictions and any conditional or absolute discharges specified in these Integrity Provisions during the period of the Supply Arrangement and the period of any resulting contracts, Canada may, following a notice period, cancel the Supply Arrangement and terminate for default any resulting contracts. The Supplier understands that a termination for default will not restrict Canada’s right to exercise any other remedies that may be available against the Supplier and agrees to immediately return any advance payments.
  2. List of Names
    The Supplier must immediately inform Canada in writing of any changes affecting the list of names of directors and owners during the period of the Supply Arrangement and the period of any resulting contracts.
  3. Information Verification
    The Supplier certifies that it is aware, and its Affiliates are aware, that Canada may verify at any time during the period of the Supply Arrangement and of any resulting contracts, the information provided by the Supplier, including the information relating to the acts or convictions and any conditional or absolute discharges specified in these Integrity Provisions. Canada may request additional information, validations from a qualified third party, consent forms and other evidentiary elements proving identity and eligibility to contract with Canada.
  4. Lobbying Act
    The Supplier certifies that neither it nor its Affiliates have directly or indirectly, paid or agreed to pay, and will not, directly or indirectly, pay a contingency fee to any individual for the solicitation, negotiation or obtaining of the Supply Arrangement and any resulting contracts if the payment of the fee would require the individual to file a return under section 5 of the Lobbying Act.
  5. Canadian Offences Resulting in Legal Incapacity
    1. The Supplier has certified that neither it nor any of its Affiliates have been convicted of or have pleaded guilty to an offence under any of the following provisions, which result in legal incapacity under section 750(3) of the Criminal Code. , and for which they have not been pardoned or received a record of discharge under the Canadian Pardons subsection:
      1. paragraph 80(1)(d) (False entry, certificate or return), subsection 80(2) (Fraud against Her Majesty) or section 154.01 (Fraud against Her Majesty) of the Financial Administration Act, or
      2. section 121 (Frauds on the government and Supplier subscribing to election fund), section 124 (Selling or Purchasing Office), section 380 (Fraud) for fraud committed against Her Majesty or section 418 (Selling defective stores to Her Majesty) of the Criminal Code,or
    2. The Supplier has not been convicted of or pleaded guilty to the offences described in paragraph (a) and has certified that it has not directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of the acts or offences that would render that Affiliate ineligible to be issued a supply arrangement or to be awarded a contract under (a).
  6. Canadian Offences
    The Supplier has certified that:
    1. it and its Affiliates have not, in the last three years, from the supply arrangement issuance date, been convicted of or pleaded guilty to an offence under any of the following provisions for which it would be ineligible to be issued a supply arrangement or to be awarded a contract under these Integrity Provisions and for which they have not been pardoned or received a record of discharge under the Canadian Pardons subsection:
      1. section 119 (Bribery of judicial officers, etc), section 120 (Bribery of officers), section 346 (Extortion), sections 366 to 368 (Forgery and other offences resembling forgery), section 382 (Fraudulent manipulation of stock exchange transactions), section 382.1 (Prohibited insider trading), section 397 (Falsification of books and documents), section 422 (Criminal breach of contract), section 426 (Secret commissions), section 462.31 (Laundering proceeds of crime) or sections 467.11 to 467.13 (Participation in activities of criminal organization) of the Criminal Code, or
      2. section 45 (Conspiracies, agreements or arrangements between competitors), section 46 (Foreign directives), section 47 (Bid rigging), section 49 (Agreements or arrangements of federal financial institutions), section 52 (False or misleading representation), section 53 (Deceptive notice of winning a prize) of the Competition Act, or
      3. section 239 (False or deceptive statements) of the Income Tax Act, or
      4. section 327 (False or deceptive statements) of the Excise Tax Act, or
      5. section 3 (Bribing a foreign public official), section 4 (Accounting), or section 5 (Offence committed outside Canada) of the Corruption of Foreign Public Officials Act, or
      6. section 5 (Trafficking in substance), section 6 (Importing and exporting), or section 7 (Production of substance) of the Controlled Drugs and Substance Act, or
    2. the Supplier has not been convicted of or pleaded guilty to the offences described in paragraph (a) and has certified that it has not directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of the acts or offences that would make that Affiliate ineligible to be issued a supply arrangement or to be awarded a contract.
  7. Foreign Offences
    The Supplier has certified that:
    1. it and its Affiliates have not, in the last three years, from the supply arrangement issuance date, been convicted of or pleaded guilty to an offence in a jurisdiction other than Canada of having committed an act or omission that would, in Canada’s opinion, be similar to an offence referenced in the Canadian Offences Resulting in Legal Incapacity and the Canadian Offences subsections and for which it would be ineligible to be issued a supply arrangement or to be awarded a contract under these Integrity Provisions and for which they have not been pardoned or received a record of discharge under the Foreign Pardons subsection:
      1. the court before which the Supplier or the Affiliate of the Supplier appeared acted within the court’s jurisdiction;
      2. the Supplier or the Affiliate of the Supplier appeared during the court’s proceedings or submitted to the court’s jurisdiction;
      3. the court’s decision was not obtained by fraud; and
      4. the Supplier or the Affiliate of the Supplier was entitled to present to the court every defence that the Supplier or the Affiliate of the Supplier would have been entitled to present had the proceeding been tried in Canada; or
    2. it has not been convicted of or pleaded guilty to the offences described in paragraph (a) and has certified that it has not directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of the acts or offences that would render that Affiliate ineligible to be issued a supply arrangement or to be awarded a contract under (a).
  8. Ineligibility to be Issued a Supply Arrangement with Canada
    1. The Supplier confirms that it understands that if after the issuance of a supply arrangement they have been convicted of certain offences, as described in the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences and the Foreign Offences subsections, they will be ineligible to be issued a supply arrangement or be awarded a contract with Canada. If, after the issuance of the Supply Arrangement, a Supplier becomes ineligible to be issued a supply arrangement, Canada may, following a notice period, declare the Supplier to be ineligible and, to the extent that a supply arrangement has been issued:
      1. cancel the Supply Arrangement; and
      2. terminate any resulting contracts for default; or
      3. require the Supplier to enter into an Administrative Agreement with the Minister of PWGS on such terms and conditions as are necessary to safeguard the integrity of the procurement process.
    2. The Supplier confirms that it understands that where its Affiliate has been convicted of certain offences, as described in the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences and the Foreign Offences subsections, the Affiliate is ineligible to be issued a supply arrangement or to be awarded a contract with Canada. If, after the issuance of a supply arrangement, an Affiliate of a Supplier becomes ineligible to be issued a supply arrangement or to be awarded a contract with Canada, Canada may, following a notice period, declare the Supplier to be ineligible and, to the extent that a supply arrangement has been issued:
      1. cancel the Supply Arrangement; and
      2. terminate any resulting contracts for default if, in the opinion of Canada, there is evidence that the Supplier directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of certain acts or offences that make that Affiliate ineligible; or
      3. require the Supplier to enter into an Administrative Agreement with the Minister of PWGS on such terms and conditions as are necessary to safeguard the integrity of the procurement process.
    3. The Supplier confirms that it understands that where it has been declared to be ineligible to be issued a supply arrangement or to be awarded a contract with Canada under the Ineligibility and Suspension Policy, it is also ineligible to be issued a supply arrangement or to be awarded a contract with Canada under these Integrity Provisions for the duration of the period that has been determined by the Minister of PWGS. Where the Supplier has been declared to be ineligible under the Ineligibility and Suspension Policy after the issuance of the Supply Arrangement, Canada may, following a notice period:
      1. cancel the Supply Arrangement; and
      2. terminate any resulting contracts for default; or
      3. require the Supplier to enter into an Administrative Agreement with the Minister of PWGS on such terms and conditions as are necessary to safeguard the integrity of the procurement process.
    4. The Supplier confirms that it understands that where it or its Affiliates have been held responsible for breaches under the Lobbying Act subsection, it is ineligible to be issued a supply arrangement or to be awarded a contract with Canada under these Integrity Provisions for the duration of the period that has been determined by the Minister of PWGS. Where the Supplier has been declared to be ineligible under the Ineligibility and Suspension Policy after the issuance of the Supply Arrangement, Canada may, following a notice period:
      1. cancel the supply arrangement; and
      2. terminate any resulting contracts for default; or
      3. require the Supplier to enter into an Administrative Agreement with the Minister of PWGS on such terms and conditions as are necessary to safeguard the integrity of the procurement process.
  9. Declaration of Offences Committed
    The Supplier understands that it has a continuing obligation to immediately declare all convictions to Canada under the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences and the Foreign Offences subsections.
  10. Period of Ineligibility
    The following rules determine the period for which a Supplier or its Affiliate that has been convicted of certain offences is, ineligible to be issued a supply arrangement or to be awarded a contract with Canada:
    1. for all offences referenced under the Canadian Offences Resulting in Legal Incapacity subsection for which a Supplier or its Affiliate has pleaded guilty to or has been convicted of, the period of ineligibility for the issuance of a supply arrangement or for contract award is indefinite, subject to the Canadian Pardons subsection;
    2. subject to an Administrative Agreement, for all offences referenced under the Canadian Offences and Foreign Offences subsections for which a Supplier or its Affiliate has pleaded guilty to or been convicted of, as the case may be, in the last three years, the period of ineligibility for the issuance of a supply arrangement or for contract award with Canada is ten years from the date of determination by the Minister of PWGS, subject to the Canadian Pardons and Foreign Pardons subsections;
    3. subject to an Administrative Agreement, for all breaches under the Lobbying Act subsection for which a Supplier or its Affiliate has been found responsible, in the last three years, the period of ineligibility for the issuance of a supply arrangement or for contract award with Canada is ten years from the date of determination by the Minister of PWGS.
  11. Canadian Pardons
    A determination of ineligibility for the issuance of a supply arrangement or for contract award with Canada will not be made or maintained by the Minister of PWGS under these Integrity Provisions, in respect of an offence or act that gave rise or that could give rise to a determination of ineligibility, if the Supplier or its Affiliate has:
    1. been granted an absolute discharge in respect of the offence, or has been granted a conditional discharge in respect of the offence and those conditions have been satisfied;
    2. been granted a pardon under Her Majesty’s royal prerogative of mercy;
    3. been granted a pardon under section 748 of the Criminal Code;
    4. received a record of suspension ordered under the Criminal Records Act; and
    5. been granted a pardon under the Criminal Records Act, as that Act read immediately before the day section 165 of the Safe Streets and Communities Act comes into force.
  12. Foreign Pardons
    A determination of ineligibility for the issuance of a supply arrangement or for contract award with Canada will not be made or maintained, as the case may be, by the Minister of PWGS in respect of matters referenced in the Foreign Offences subsection and with respect to an offence or act that gave rise or will give rise to a determination of ineligibility, if the Supplier or its Affiliate, has at any time, benefited from foreign measures that are similar to Canadian pardons at the sole discretion of Canada, conditional discharges, absolute discharges, records of suspension, or restoration of legal capacities by the Governor in Council.
  13. Period of Ineligibility for Breaching Administrative Agreements
    The Supplier confirms that it understands that where it has concluded an Administrative Agreement and that it has breached any of its terms and conditions, the Minister of PWGS will lengthen the period of ineligibility for a period to be determined by the Minister of PWGS.
  14. Obligations on Subcontractors
    The Supplier confirms that it understands that to the extent that it relies on a subcontractor(s) to perform the Contract, the Supplier will not enter into a subcontract with a company that has been convicted of or pleaded guilty or an Affiliate of the company has been convicted of or pleaded guilty, as the case may be, to any of the offences referenced in the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences and the Foreign Offences subsections for which no pardon or equivalent has been received under the Canadian Pardons and Foreign Pardons subsections, without the prior written approval of the Minister of PWGS. Where the Supplier has entered into a contract with an ineligible subcontractor and for which no prior written approval has been received by Canada, the Minister of PWGS will declare the Supplier to be ineligible to contract with Canada for a period of five years.

2020 17 (2012-07-16) Access to Information

Records created by the Supplier, and under the control of Canada, are subject to the Access to Information Act. The Supplier acknowledges the responsibilities of Canada under the Access to Information Act and must, to the extent possible, assist Canada in discharging these responsibilities. Furthermore, the Supplier acknowledges that section 67.1 of the Access to Information Act provides that any person, who destroys, alters, falsifies or conceals a record, or directs anyone to do so, with the intent of obstructing the right of access that is provided by the Access to Information Act is guilty of an offence and is liable to imprisonment or a fine, or both.