ARCHIVED GC 1 - General Provisions

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Legal text for SACC item

GC 1.1 Definition

"Canada" means Her Majesty, the Queen in right of Canada;

"Claimant" means a person to whom money may be payable and who has a direct 
contract with the Contractor or any sub-contractor of the Contractor for 
labour, equipment, and material, used or reasonably required for use or 
consumed in the performance of the Contract but excludes the rental of 
equipment where the rent pursuant to an agreement is to be applied towards 
the purchase price of the rental equipment.

"Contractor" means a Person, with whom Canada enters into a Contract to do 
the Work;

"Contract Amount" means the Amount(s) referred to in TA3 of the Tender and 
Acceptance when the tender has been accepted and executed on behalf of 
Canada;

"Contract Documents" include Front Page, Instructions to Tenderers, Tender 
and Acceptance and any Appendices attached thereto, Plans and 
Specifications or Scope of Work, General Conditions, Fair Wages and Hours 
of Labour - Labour Conditions and Fair Wage Schedules for Federal 
Construction Contracts if the Total Tender Amount is $30,0000 or more, any 
Addenda issued prior to tender closing and any written direction issued by 
the Departmental Representative pursuant to the Contract;

"Departmental  Representative" means such person as may be specifically 
designated in writing by or on behalf of the Minister upon the award of the 
Contract and includes a person specially authorized by the Departmental  
Representative to act on the Departmental Representative's behalf;

"Final Certificate of Completion" means a certificate issued by the 
Departmental Representative when the Work reaches completion;

"Final Certificate of Measurement" means a certificate issued by the 
Departmental Representative showing the Authorized Quantities, Unit Prices, 
and Total Amounts for labour, Plant and Material performed, used or 
supplied by the Contractor in performing the part of the Work to which a 
Unit Price Arrangement applies;

"Minister" means the Minister of Public Works and Government Services and a 
person acting for, or if the office is vacant, in place of the Minister and 
the Minister's successors in the office, and a lawful deputy and any 
representative appointed for the purposes of the Contract;

"Material" means all commodities, articles, fixtures, and things required 
to be furnished in accordance with the Contract for incorporation into the 
Work;

"Plant" means all tools, implements, machinery, vehicles, structures, 
equipment, articles, and things, other than Material and tools customarily 
provided by a trades person in practicing a trade, that are necessary for 
the performance of the Contract;

"Person" includes any partnership, proprietorship, firm, joint venture, 
consortium and corporation unless there is an express stipulation in the 
Contract to the contrary;

"Subcontractor" means a Person having a direct contract with the Contractor 
to perform a part or parts of the Work or to supply Material worked to a 
special design for the Work; and

"Work" means everything that is necessary to be done, furnished or 
delivered by the Contractor to perform the Contract in accordance with the 
Contract Documents.

GC 1.2 Contract Documents

1.     References in the Contract Documents to the singular shall be 
       considered to include the plural and vice versa as the context 
       requires.

2.     The Contract Documents are complementary and what is required by one 
       shall be as binding as if required by all.

3.     The headings in the Tender and Contract Documents, other than in the 
       Plans and Specifications, form no part of the Contract but are 
       inserted for convenience of reference only. 
4.     In interpreting the Contract, in the event of discrepancies or 
       conflicts between anything in the Plans and Specifications or Scope 
       of Work and the General Conditions, the General Conditions govern.

5.     In interpreting the Plans and Specifications, in the event of 
       discrepancies or conflicts between

       (a)    the Plans and Specifications, the Specifications govern;
       (b)    the Plans, the Plans with the largest scale govern; and
       (c)    figured dimensions and scaled dimensions, the figured 
dimensions govern.

6.     Later dates shall govern within each of the above categories of 
       documents.

GC 1.3 Assignment

This Contract shall not be assigned without the written consent of the 
Minister.

GC 1.4 Subcontracting

1.     The Contractor shall

       (a)    not subcontract the whole of the Work;

       (b)    not subcontract any part of the Work without the  written 
              consent of the Departmental Representative; and

       (c)    ensure that all subcontracts entered into at any tier shall 
              incorporate all the terms and conditions of  the Contract 
              that can reasonably be applied thereto.

GC 1.5 Time is of the Essence

Time is of the essence of the Contract.

GC 1.6 Applicable Laws and By-laws

1.     The Contractor shall comply with all legislative and regulatory 
       provisions whether federal, provincial, territorial or municipal 
       applicable to the performance of the Work.

2.     Unless otherwise provided for in the Contract, the Contractor shall 
       obtain all permits and hold all certificates and licenses required 
       for the performance of the Work.

3.     From time to time the Departmental Representative may request that 
       the Contractor provides evidence that it complies with all 
       applicable legislative and regulatory provisions and that it holds 
       all required permits, certificates and licenses.  Such evidence 
       shall be provided within the time set out in the request or as 
       otherwise stipulated in the Contract.

GC 1.7 Publicity

The Contractor shall not erect or permit to be erected any sign or 
advertising, or engage in any public ceremony in connection with the Work, 
unless approved by the Departmental Representative.

GC 1.8 Members of the House of Commons and Former Public Office Holders

1.     No Member of the House of Commons shall be admitted to any share or 
       part of the Contract or to any benefit arising therefrom.

2.     No former public office holder who is not in compliance with the 
       post-employment provisions of the Conflict of Interest and 
       Post-Employment Code for Public Office Holders shall derive a direct 
       benefit from the Contract.

GC 1.9 International Sanctions

1.     Persons and companies in Canada, and Canadians outside of Canada, 
       are bound by economic sanctions imposed by Canada.  As a result, the 
       Government of Canada cannot accept delivery of goods or services 
       that originate, either directly or indirectly, from the countries or 
       persons subject to economic sanctions.  Details on existing 
       sanctions can be found at:  http://www.dfait-maeci.gc.ca/trade/
       sanctions-e.asp.

2.     It is a condition of the Contract that the Contractor not supply to 
       the Government of Canada any goods or services which are subject to 
       economic sanctions.

3.     By law, the Contractor must comply with changes to the regulations 
       imposed during the life of the Contract.  During the performance of 
       the Work should the imposition of sanctions against a country or 
       person or the addition of a good or service to the list of 
       sanctioned goods or services cause an impossibility of performance 
       for the Contractor, the Contractor may request that the Contract be 
       terminated in accordance with GC 7.4, Termination of the Contract.

GC 1.10       Status of the Contractor

The Contractor is engaged as an independent Contractor for the sole purpose 
of performing the Work.  Neither the Contractor nor any of its personnel is 
engaged as an employee, servant or agent of Canada.  The Contractor is 
responsible for all deductions and remittances required by law in relation 
to its employees including those required for Canada or Quebec Pension 
Plans, employment insurance, workers' compensation, and income tax.

GC 1.11       National Security

1.     If the Minister is of the opinion that the work is of a class or 
       kind that involves the national security, the Minister may order the 
       contractor

       (a)    to provide the Minister with any information concerning 
              persons employed or to be employed by the contractor for 
              purposes of the contract; and

       (b)    to remove any person from the work and its site if, in the 
              opinion of the Minister, that person may be a risk to the 
              national security.

2.     The contractor shall, in all contracts with persons who are to be 
       employed in the performance of the contract, make provision for the 
       performance of any obligation that may be imposed upon the 
       contractor under GC 2.2.

3.     The Contractor shall comply with an order of the Minister under 1.

GC 1.12       Severability

If any provision of the Contract is declared by a court of competent 
jurisdiction to be invalid, illegal or unenforceable, such provision shall 
be severed from the Contract and all other provisions of the Contract shall 
remain in full force and effect.