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AR 176/2016 DOMESTIC TRADE AGREEMENTS REGULATION

(Consolidated up to 254/2018)

ALBERTA REGULATION 176/2016

Government Organization Act

DOMESTIC TRADE AGREEMENTS REGULATION

Definitions

1(1)  In this Regulation,

                               (a)    “AATP” means the Agreement Among the Parties to the New West Partnership Establishing the Bid Protest Mechanism entered into by the governments of Alberta, British Columbia, Manitoba and Saskatchewan, including any amendments to the agreement;

                           (a.1)    “Act” means the Government Organization Act;

                           (a.2)    “AIT” means the Agreement on Internal Trade referred to in section 2(a) of Schedule 6 to the Act;

                           (a.3)    “BPM” means the bid protest mechanism set out in Division C of the AATP;

                              (b)    “BPM Administrator” means the administrator appointed pursuant to Article 2 of the AATP;

                           (b.1)    “CFTA” means the Canadian Free Trade Agreement entered into by the federal, provincial and territorial governments of Canada on April 6, 2017, including any amendments to the agreement;

                           (b.2)    “effective date” in relation to the AATP means the effective date within the meaning of Article 8(1) of the AATP;

                               (c)    “Internal Trade Secretariat” means the Secretariat established pursuant to the AIT and continued under the CFTA;

                              (d)    “NWPTA” means the New West Partnership Trade Agreement entered into by the governments of Alberta, British Columbia and Saskatchewan on April 30, 2010, and by the government of Manitoba on November 17, 2016, including any amendments to the agreement;

                               (e)    “NWPTA Administrator” means the administrator within the meaning of the NWPTA;

                               (f)    “TILMA” means the Trade, Investment and Labour Mobility Agreement entered into by the governments of Alberta and British Columbia on April 28, 2006, including any amendments to the agreement.

(2)  In this Regulation,

                               (a)    words and expressions used in respect of the AIT that are defined in the AIT have the meaning given to them in the AIT, unless a contrary intention appears;

                              (b)    words and expressions used in respect of the NWPTA that are defined in the NWPTA have the meaning given to them in the NWPTA, unless a contrary intention appears;

                               (c)    words and expressions used in respect of the TILMA that are defined in the TILMA have the meaning given to them in the TILMA, unless a contrary intention appears;

                              (d)    words and expressions used in respect of the CFTA that are defined in the CFTA have the meaning given to them in the CFTA, unless a contrary intention appears;

                               (e)    words and expressions used in respect of the AATP that are defined in Article 9 of the AATP and Part II of the BPM have the meaning given to them under Article 9 of the AATP and Part II of the BPM, unless a contrary intention appears.

AR 176/2016 s1;128/2017;254/2018

Designation of domestic trade agreements

1.1(1)  For the purposes of section 2(b) of Schedule 6 to the Act, the NWPTA and TILMA were trade enhancement arrangements entered into by the Government of Alberta before July 1, 2017, consistent with Article 1800 of the AIT.

(2)  For the purposes of section 2(c) of Schedule 6 to the Act,

                               (a)    the CFTA is designated as a domestic trade agreement;

                              (b)    commencing July 1, 2017,

                                        (i)    the NWPTA is designated as a domestic trade agreement, and

                                      (ii)    the TILMA is designated as a domestic trade agreement;

                               (c)    commencing on the effective date, the AATP is designated as a domestic trade agreement.

AR 128/2017 s3;254/2018

Definition of award for the purposes of the Act

2   For the purposes of section 4(2) of Schedule 6 to the Act, “award” means,

                               (a)    in the case of the AIT,

                                        (i)    an order for Tariff Costs made against the Government of Alberta or a person of a Party,

                                      (ii)    an order to pay Additional Costs made against the Government of Alberta by a Compliance Panel that is deemed by Article 1725(1) of the AIT to be an order to pay Tariff Costs, and

                                     (iii)    an order for a Monetary Penalty made against the Government of Alberta;

                              (b)    in the case of the NWPTA,

                                        (i)    a monetary award under Article 29(7), or an award of costs under Article 32, that is contained in a final panel report and that is effective, and

                                      (ii)    in the case of an award relating to a procurement concluded before the effective date of the AATP,

                                              (A)    a cost award referred to in Article 38(6)(d) and Article 39, and

                                              (B)    a recoupment award issued against the Government of Alberta or a government entity of the Government of Alberta under Article 38(6)(d) and Article 39;

                           (b.1)    in the case of the AATP, where the NWPTA is the trade agreement that forms the basis for an award relating to a procurement concluded on or after the effective date,

                                        (i)    a tariff cost award as defined in Part II of the BPM,

                                      (ii)    an operational cost award as defined in Part II of the BPM, and

                                     (iii)    a bid preparation cost award as defined in Part II of the BPM that is issued against the Government of Alberta or a government entity located in the Province of Alberta;

                               (c)    in the case of the TILMA, a monetary award under Article 29(7) or an award of costs under Article 32, that is contained in a final panel report and that is effective;

                              (d)    in the case of the CFTA,

                                        (i)    an order for Tariff Costs made against the Government of Alberta or a person of a Party,

                                      (ii)    an order to pay Additional Costs made against the Government of Alberta by a Compliance Panel that is deemed by Article 1031(1) of the CFTA to be an order to pay Tariff Costs, and

                                     (iii)    an order for a Monetary Penalty made against the Government of Alberta.

AR 176/2016 s2;128/2017;254/2018

Designation of officials

3   For the purposes of section 4(4) of Schedule 6 to the Act

                               (a)    the Internal Trade Secretariat is designated as the appropriate official or body with respect to awards referred to in section 2(a),

                              (b)    in the case of the NWPTA,

                                        (i)    the NWPTA Administrator is designated as the appropriate official or body with respect to the awards under the NWPTA referred to in section 2(b)(i) and (ii) and the awards under the TILMA referred to in section 2(c), and

                                      (ii)    on or after the effective date of the AATP the BPM Administrator is designated as the appropriate official or body with respect to awards referred to in section 2(b.1),

                                  and

                               (c)    the Internal Trade Secretariat is designated as the appropriate official or body with respect to awards referred to in section 2(d).

AR 176/2016 s3;128/2017;254/2018

Coming into force

4   This Regulation comes into force on the coming into force of section 3(3) of the Statutes Amendment Act, 2014.