Schedule of New Brunswick

Procurement Exceptions

For New Brunswick, the following is not covered by this Chapter:

A. Excluded Entities

The following entities are not covered by this Chapter:

1. New Brunswick Power Corporation and all of its existing future subsidiaries and affiliates
2. Municipal energy utilities
3. Provincial Holdings Limited
4. Atlantic Lottery Corporation
5. Wastewater Commissions (exception below)

(Note: the thresholds for currently covered entities will remain the same as they are in their current AIT Annexes.)

The following entities are only covered by this Chapter above the CETA thresholds and are only covered for goods, services and construction that are covered by CETA:

• Forest Protection Limited
• New Brunswick Research & Productivity Council
• Wastewater Commissions are excluded except for the Fredericton Area Pollution Control Commission and the Greater Moncton Sewerage Commission
• Regional Solid Waste Commissions listed as listed in CETA
• New Brunswick Arts Board
• New Brunswick Credit Union Deposit Insurance Corporation
• Farm Products Commission
• New Brunswick Museum

B. Exceptions and Notes

1. 1. For New Brunswick, this Chapter does not cover procurement of:
   1. services that may, under the applicable laws of the Party issuing the tender, only be provided by the following licensed professionals regardless of value: veterinarians and land surveyors, engineers, architects, and accountants below CETA threshold. Engineers, architects and accountants are not covered regardless of value for those entities that are not covered by CETA;
   2. transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects covered above CETA threshold for those entities covered by CETA;
   3. advertising and public relation services;
   4. marketing management consulting services below CETA threshold. Marketing management consulting services are not covered regardless of value for those entities that are not covered by CETA;
   5. if construction materials are to be purchased and it can be demonstrated that transportation costs or technical considerations impose geographic limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and pre-mixed concrete for use in the construction or repair of roads covered above CETA threshold for those entities covered by CETA;
   6. goods purchased for representational or promotional purposes or services or construction purchased for representational or promotional purposes outside the territory of a Party covered above CETA threshold for those entities covered by CETA;
   7. procurement of any goods the interprovincial movement of which is restricted by laws not inconsistent with this Agreement covered above CETA threshold for those entities covered by CETA;
   8. local food.
2. Any of New Brunswick’s covered procuring entities may derogate from this Chapter in order to promote regional economic development.
   1. Any procurement being excluded under this paragraph shall:
      1. be undertaken to support small firms or employment opportunities in a non-urban area; and
      2. have an overall value of no more than $1 million but the overall value of the procurement exceeds $1 million, up to $1 million of that overall procurement may be excluded;
   2. the exclusion will only be utilized by New Brunswick up to a maximum of ten times per calendar year;
   3. any procurement being funded by the Government of Canada may not be excluded; and
   4. in each case where New Brunswick intends to rely on this exclusion to exclude all or part of a procurement, at least 30 days prior to its execution of the applicable procurement agreement it will notify the Parties of its intention to utilize this exclusion. Such notification will include:
      1. details of the circumstances justifying the exclusion;
      2. name(s) of the firm(s) and region(s) at issue; and
      3. an explanation as to how the intended exclusion conforms with the requirements of paragraph 2.

Conditions:

3. New Brunswick submits this “hybrid negative list” procurement offer without prejudice and reserves the right to make changes to their procurement offer based the following:

The formal approval by Cabinet of a negative list has been conditioned by a “modified ratchet” allowing for the possibility that newly created entities must be consulted and approve of their coverage under this Agreement. If they do not agree they will be placed on the modified negative list.