"Asset" used interchangeably with “Good”,
means the moveable surplus Crown-owned Assets
that are deemed surplus to the requirements of the Government of Canada, and
any Asset owned by other governments, bodies, or persons in Canada or
elsewhere, deemed to be surplus to their needs, for which they have contracted
with GCSurplus/Public Works Government Services Canada (here after referred to
as Public Services and Procurement Canada) to divest of such Asset on their
behalf, through listing on the GCSurplus’ website via the GCDonate portal;
"Donation requestor " means the User that has the legal
capacity to request an Asset listed for donation on the GCDonate portal;
“Authority to Donate” means the contract between the
Recipient and PWGSC/GCSurplus, along with these Terms and Conditions and any
other document specified or referred to as forming part of the ”Authority to
means Her Majesty the Queen in right of Canada as represented by the Minister
of Public Services and Procurement Canada and any other person duly authorized
to act on behalf of the Minister or, if applicable, an appropriate Minister to
whom the Minister of Public Services and Procurement Canada has delegated his
powers, duties, or functions and any other person duly authorized to act on
behalf of that Minister;
"Custodian" means the representative of the
department, agency, or body contracted with GCSurplus/PSPC for whom the
donation of Asset will be carried out;
"GCSurplus" means the organization within the
Department of Public Services and Procurement Canada in charge of divesting
surplus Goods and Assets on behalf of the Government of Canada and any other
bodies contracted by GCSurplus/PSPC, and the online auction website sharing the
same name (GCSurplus.ca);
"GCDonate" is GCSurplus’ online portal
designed for the Government of Canada (GC) to advertise surplus moveable assets
available for donation;
means the person designated by that title in the Authority to Donate or by
notice to the Recipient, to act as GCSurplus' representative to manage the
"Goods", used interchangeably with
"Assets", shares the same definition as "Assets";
"Party" means GCSurplus, GCDonate the
Recipient, the custodial department, or any other signatory to the Authority to
Donate, and "Parties" means all of them;
“PSPC” means Public Services and
Procurement Canada. The legal name of the department remains the Department of
Public Works and Government Services Canada (“PWGSC”) pursuant to
section 3 of the Department of Public Works and Government Services Act;
"Recipient” means the entity that has been
awarded the donation;
"Surplus" means property of Her Majesty in its
custody or under its control that a department, federal body, or any other
bodies contracted by GCSurplus/PSPC has determined is surplus to its
"User" means any of the following
designated entities that have completed a valid registration on the GCSurplus
a Crown corporation, federal agency, provincial & territorial
governments, First Nation, or municipal government in Canada
a recognized charity or non-profit organization located in Canada
other national governments, treaty organizations of which Canada
is a member, or the United Nations
The “User” has agreed to:
true and accurate information about themselves or whomever they are
representing. Any submitted personal information is protected under the
bound by these Terms and Conditions and the GCSurplus Code of Conduct.
In a general way, words importing the
singular number may include the plural and words denoting the masculine gender
may include the feminine or gender neutral if the context so requires.
The GCDonate portal is the
online service operated by PSPC where donation “Users” may submit a request for
a donation on Asset. This platform is part of GCSurplus.ca
obtain a User account and to be eligible to become a Recipient, the Donation
Requestor must be either one of the following:
Crown corporation, federal agency, provincial government, First Nation, or
municipal government in Canada;
recognized charity or non-profit organization located in Canada; or
locations outside of Canada, to other national governments, treaty
organizations of which Canada is a member, or the United Nations.
All requests and donations of any
Asset listed on GCDonate are subject to these Terms and Conditions. Canada may amend these Terms and
Conditions at any time, without notice to Users. Continued use of the service
constitutes acceptance of any and all amendments. PSPC may discontinue GCDonate
without giving notice to Users.
withdraw all or part of the Asset from the listing on its website at any time.
Although Canada makes
every effort to ensure the accuracy of the information on the Asset available
to be donated, it does not guarantee that the information provided on the
GCDonate portal will always be exact or complete, nor that the portal will
always function without error, failure, or interruption.
shall only be entitled to register one account. A User who registers for
GCDonate will automatically be registered to bid and buy Assets listed for sale
on GCSurplus. GCDonate User registrations will be verified and activated upon
validation. Validations may take up to five business days. Users will only have
access to requests donations after the validation process is completed and User
is deemed eligible.
A User may
cancel his registration by selecting the “Cancel Registration” option under
may cancel a User’s registration without notice if any of the following
is of the opinion that the User has knowingly or unknowingly, provided false
information in the registration process;
is of the opinion that the User is in breach of these Terms and Conditions and
Code of Conduct.
is of the opinion that the User is not a legitimate corporation;
is of the opinion that the User is not meeting their mutual obligations in the
donations process and could lose their status as a User.
User will not
bring forward or institute any action, claim, or legal proceeding whatsoever,
against Canada, PWGSC, GCDonate, GCSurplus, or any GCSurplus Representative or
designated custodian for any loss or damage of any kind arising from the use of
the GCSurplus website or GCDonate portal;
GCSurplus, GCDonate, the Minister of Public Works and Government Services
Canada, and their employees, agents and any of their respective subcontractors
or suppliers, shall not in any way be liable or responsible for any and all
losses, costs, damages, expenses, and liabilities suffered or incurred by the
Recipient which are in any way connected the donation.
Neither the Asset
donated by Canada nor the information therein contained are fully guaranteed or
warranted. Users are strongly advised to independently verify the information pertaining
to the listed Asset as well as the Good and Asset themselves before placing a
request for donation.
be responsible for any damage caused by their employees, subcontractors,
agents, or any relevant third-party at a designated Government of Canada
donations pick-up location. Canada or any relevant third-party is, however,
liable for any damage caused by Canada upon retrieval of assets for donation.
include any injury to persons (including injury resulting in death) or loss
of/damage to property (including real property) caused as a result or during
the fulfillment of the relevant donation.
The Parties agree
that no limitation of liability or indemnity provision applies to the relevant
regard to the removal of Asset, no action or claim may be brought by any person
against Canada or their designated custodians or representatives for any loss
or damage of any kind arising from the use of the GCDonate portal, or from the
possession, ownership, removal, transportation or use of any Asset donated
through the GCDonate portal.
shall indemnify Canada and their employees, agents and any of their respective
sub-contractors or suppliers, from and against any damages, costs or expenses
or any claim, action, suit, or other proceeding which they or any of them may
at any time incur or suffer as a result of or arising out of:
injury to persons, including injuries resulting in death or loss of or damage
to property of others which may be or be alleged to be caused by or suffered as
a result from the donation or any part thereof or from the execution of the
or loss occasioned in any way by the use or operation by the Recipient and
associated assets subsequent to their removal by the Recipient.
This section, as
well as any other provision of the relevant donation will survive the
completion, expiry, or cancellation of that donation.
3.1 Canada reserves the right to:
Reject any or all requests
received in response to the donation proposal;
Cancel the Donation at
reserves the right to accept or refuse requests for registrations to GCDonate;
reserves the right to select donation recipients based on a fair, open, and
transparent selection process;
will select registered donation recipients by order of request (first-come,
first-served), and will consider rotational selection as required;
The chosen recipient will have 24 hours to confirm their intention to receive
5.1 The Authority to Donate establishes the relation between
the Recipient and Canada. It may include specific requirements for the Removal
of the donated Asset and the Recipient agrees to adhere to the timelines and
instructions contained therein.
interpretation of any provision of the Authority to Donate shall be binding on
Canada unless furnished or agreed to, in writing by Canada or its
representatives designated to exercise that authority (GCSurplus).
5.3 The Authority to Donate supersedes all previous negotiations, communications,
and other agreements, whether written or oral, unless they are incorporated by
reference in the Authority to Donate.
6.1 If a requirement for the Asset develops or exists, or if
the Asset is no longer available for donation, Canada reserves the right to
withdraw for its use any or all of the Asset at any time before the Asset is
removed by the Recipient.
7.0 GENERAL CONDITIONS OF DONATION
7.1.1 Canada and Recipient may agree to amend these Terms and
Conditions at any time prior to the final removal of Asset. Such an agreement
shall be valid, provided it is in writing and signed by both a
GCSurplus/GCDonate Representative and the Recipient.
8.1 Unless otherwise specified, the applicable law will be
the law in force in the province of the donation.
8.2 Subject to the Access to
Information Act and the
all general and non-personal information pertaining to the donation is public
information and may be disclosed to third-parties upon request.
WHERE-IS” DONATIONS POLICY
All Assets are
donated on an "As-is, Where-is" basis. Canada makes no warranty, expressed
or implied, legal, contractual, or verbal, as to the kind, character, quality,
value, weight, size, condition, or fitness for any use or purpose with respect
to the Asset listed on the GCDonate portal.
of an Asset in the donation listing represents the best assessment and
information available to Canada at the time of listing and is offered for
guidance purposes only; not as an enforceable condition of donation.
Description and condition of an Asset may be subject to change at any time.
10.1 Transfer of ownership and possession of the Asset will
only occur upon removal of goods within stipulated time and with the signed
Authority to Donate.
11.1 All donations are final. No Asset may be returned,
unless requested by Canada.
12.1 If, by error or inadvertence, Controlled Goods are
included in the donated items, the Recipient must immediately notify GCSurplus
at Info@GCSurplus.ca or
return the item following the instructions. In that situation:
a.GCSurplus will arrange shipping for the return
cannot re-donate, sell, transfer ownership or discard of the item without prior
written authorization from Canada.
12.2 The Recipient's failure to comply with this clause will
lead to an immediate cancellation of the GCDonate user account and appropriate
legal procedures may be commenced without any further notice.
12.3 The Recipient further acknowledges that a failure to
adhere to these restrictions may result in criminal prosecution, fines, and
imprisonment under the Defence Production Act.
13.1 The Recipient certifies that the method of removal,
processing, disposal, or export of the Asset from Canada, as well as the
equipment used thereof, will be in conformity at all times with Canadian laws
and regulations as well as any environmental laws, regulations or by-laws
enacted by municipal, regional, provincial, or federal authorities.
undertakes to comply with all such laws, regulations and by-laws in compliance
with these Terms and Conditions.
13.3 In the case of hazardous electronics destined for
re-use, disposal, or recycling. Recipients certify that they meet the
conditions of "export" under the Export and Import of
Hazardous Waste and Hazardous Recyclable Material Regulations, made pursuant to the
Canadian Environmental Protection Act.
OF THE ASSET
14.1.1 All Assets must be removed
within the time frame stipulated in the Authority to Donate.
14.1.2 Non-compliance of removal may
lead to the cancellation of the donation and selection of another recipient, or
re-listing of the donation. The Recipient may also be deemed to be a breach of
these Terms and Conditions.
14.2.1 The Recipient must contact Canada or
their custodian representative, indicated in the Authority to Donate to
schedule the removal of the Asset within the period of time indicated.
At the time of
the removal, the Recipient must present the following documents:
One valid piece
of government-issued photo identification
removal of the Asset are at the sole responsibility of the Recipient and at the
Recipient's own expense.
is committed to removing accessibility barriers and will facilitate the removal
of Assets for persons with disabilities. It is the responsibility of the
Recipient to proactively advise GCSurplus (Canada) of any disability
considerations. Arrangements will be made to facilitate the removal.
must have the proper material handling and safety equipment and transportation
to safely collect their items. If, in the opinion of GCSurplus Representative
or the custodian, the equipment or methods used to remove the items are deemed
unsafe, the Representative or custodian may refuse the pickup. The Recipient
must remedy the situation to the satisfaction of GCSurplus Representative or
the custodian and promptly reschedule a new pick-up date. Canada will not be
responsible for any damage or expenses that this situation could incurs.
The Recipient is
liable for any damage made to the Asset during the removal.
The Recipient is
liable for any damage caused by the Recipient, or its representative to Canada,
the property of Canada, or any third party during the removal.
any injury to persons (including injury resulting in death) or loss of or
damage to property (including real property) caused during the performance of
Cancellation of a scheduled removal
14.3.1 By the Recipient
188.8.131.52 Notice of cancellation must be given to Canada at
least twenty four (24) hours in advance. Failure by the Recipient to provide a
notice of cancellation may result in a cancellation of the Recipient's GCDonate
14.3.2 By GCSurplus/GCDonate
184.108.40.206 In a situation where the removal of the Asset is not possible
due to Canada, GCSurplus, GCDonate, or custodian department representative’s
actions or negligence, there will be no liability to Canada.