Directive on contracts/real property transactions where application of the Integrity Regime could compromise criminal investigations, national security or public safety

1. Effective date

The Directive takes effect on July 3, 2015.

2. Application

This Directive applies to all government departments and agencies that have a signed Memorandum of Understanding (MOU) to implement the Ineligibility and Suspension Policy and the Integrity provisions.

3. Context

On July 3, 2015, following a commitment made in Economic Action Plan 2015, the Government of Canada introduced a new government-wide Integrity Regime. The Integrity Regime is governed by the Ineligibility and Suspension Policy and Integrity provisions.

The Ineligibility and Suspension Policy enables the Minister of Public Works and Government Services (PWGS) to issue Directives excluding different classes of contracts.

4. Directive statement

4.1 Objective

To exclude all federal grants and contributions from the application of the Ineligibility and Suspension Policy and Integrity provisions.

4.2 Expected results

Continuity is maintained between the new Integrity Regime and the previous Integrity Framework, which excluded grants and contributions.

5. Definitions

5.1 Contribution

A contribution is a Transfer Payment subject to performance conditions specified in a Funding Agreement.

5.2 Funding agreement

A Funding Agreement is a written agreement or documentation constituting an agreement between the Government of Canada and an applicant or a recipient setting out the obligations or understandings of both with respect to one or more Transfer Payments.

5.3 Grant

A Grant is a Transfer Payment subject to pre-established eligibility and other entitlement criteria. A grant is not subject to being accounted for by a recipient nor normally subject to audit by the department. The recipient may be required to report on results achieved.

5.4 Transfer Payment

A Transfer Payment is a monetary payment, or a transfer of goods, services or assets made, on the basis of an appropriation, to a third party, including a Crown corporation, that does not result in the acquisition by the Government of Canada of any goods, services or assets. Transfer Payments are categorized as Grants, Contributions and Other Transfer Payments. Transfer payments do not include investments, loans or loan guarantees.

5.5 Other Transfer Payment

An Other Transfer Payment is a Transfer Payment, other than a Grant or Contribution, based on legislation or other arrangement, that may be determined by a formula.

6. Requirements

The Ineligibility and Suspension Policy and Integrity provisions are not required to apply to federal grants and contributions.

7. Inquiries

If you have questions related to this Directive, please contact the Integrity Regime Team:

Toll free:

1-844-705-2084

Email:

pwgsc.o.integrity-tpsgc.o.integrite@pwgsc-tpsgc.gc.ca

From: Public Services and Procurement Canada