Contracting Policy Notice 2009-1 - Guidelines on the Proactive Disclosure of Contracts

Contracting Policy Notice 2009-1

Date: April 3, 2009

To: Functional Heads, Finance and Administration of all Departments and Agencies

From: Executive Director, Assets and Acquired Services Directorate

Subject: Guidelines on the Proactive Disclosure of Contracts

Summary

The Treasury Board of Canada Secretariat approved the Guidelines on the Proactive Disclosure of Contracts, which supersedes the Guidance Document: Proactive Disclosure of Contracts over $10,000.

Background

On March 23, 2004, as part of Budget 2004, the government committed to publicly disclose all contracts entered into by the Government of Canada for amounts over $10,000, with only very limited exceptions, such as national security. These new requirements were to be phased in over time, starting with procurement contracts for goods and services.

To guide departments in the achievement of this commitment, the Treasury Board of Canada Secretariat released the Guidance Document: Proactive Disclosure of Contracts over $10,000 with an effective date of April 1, 2004. The guidance stipulated the manner in which contracts were to be disclosed.

As of June 19, 2008, Treasury Board approved an amendment to the Treasury Board Contracting Policy such that “Deputy heads are required to publicly disclose quarterly, within one month after the close of each quarter, contracts entered into or amendments valued at over $10,000.” This requirement, along with revisions to the Guidance Document: Proactive Disclosure of Contracts over $10,000 and supplementary guidance, are consolidated within the Guidelines on the Proactive Disclosure of Contracts.

Guidelines on the Proactive Disclosure of Contracts

The Guidelines on the Proactive Disclosure of Contracts will help managers and functional specialists identify collect and publish contract information that is to be proactively disclosed. This guidance more closely reflects the spirit and intent of the announcement in Budget 2004 and furthers transparency and accountability government-wide.

Notable changes include guidance on the following:

• disclosure of amendments;
• disclosure of task authorizations;
• disclosure of options;
• disclosure of standing offer agreements and supply arrangement agreements;
• removal of exceptions from disclosure on the basis of legal services;
• narrowing of exceptions from disclosure on the basis of national security; and
• revision of data elements.

Treasury Board of Canada Secretariat publication

This Treasury Board of Canada Secretariat publication is available online on the Proactive Disclosure Intranet site.

Enquiries

For further information please contact the Treasury Board of Canada Secretariat at 613-957-2487 or by fax at 613-957-2405.

Bob Hirst
Executive Director
Assets and Acquired Services Directorate

Distribution: TB06, TB07, TB21, TB23, T022, T023, T024, T161