The Public-Private Partnerships Transparency and Accountability Act (S.M. 2025, c. 22) is a Manitoba law designed to ensure greater transparency and accountability when public sector entities use public-private partnerships (P3s) for major capital projects. It applies to projects costing $20 million or more, provided the procurement process begins after the law comes into force. The Act defines key terms such as "public-private partnership," "major capital project," and "public sector entity." It outlines that P3s involve private entities taking on responsibilities like design, construction, financing, and long-term operation or maintenance, while ownership remains with the public sector. Before initiating a P3 procurement, public entities must conduct a detailed analysis comparing public and private options, assess risks and benefits, and publish a report. They must also consult the public, ensuring transparency without compromising competitive procurement. A fairness monitor must be appointed to oversee the procurement process, ensuring it is conducted with integrity and openness. This monitor cannot have conflicts of interest and must report findings to the Auditor General, who reviews and comments on the process. These reports must be made publicly available throughout the partnership and for one year after its conclusion. The Act also mandates periodic reporting on project outcomes and requires public entities to respond to any recommendations from the Auditor General. The Lieutenant Governor in Council is empowered to make regulations to support the implementation of the Act.
Canada · 2025-06-03