S-4.2, r. 18 - Regulation respecting the procedure to be observed for immovable construction projects of health and social services agencies and public and private institutions under agreement

Updated to 12 December 2023

This document has official status.

chapter S-4.2, r. 18

Regulation respecting the procedure to be observed for immovable construction projects of health and social services agencies and public and private institutions under agreement

Act respecting health services and social services

(chapter S-4.2, ss. 485 and 486).

1. This Regulation applies to immovable construction projects of health and social services agencies and public and private institutions under agreement to which the Act respecting health services and social services (chapter S-4.2) applies, whether the agency or institution is involved either as the owner of the immovable responsible for awarding the work and entering into contracts for that purpose, or as the future lessee or occupant of the immovable responsible for all or part of the cost of such work carried out by the owner.

It does not apply to the carrying out of asset maintenance work as defined in section 263.1 of the Act.

M.O. 2008-012, s. 1.

2. In this Regulation, “construction” means the erection, building, adaptation, reconstruction, repair or demolition of a structure, or any work involving the furnishing and installation of fixtures and requiring a specialized construction trade workforce.

M.O. 2008-012, s. 2.

3. After consultation with the agency concerned, an institution must submit to the Minister every construction project requiring authorization under section 260 of the Act.

A construction project referred to in paragraph 3 of section 263 of the Act must be submitted to the agency concerned for authorization in accordance with that section.

Every construction project that an agency intends to undertake must be submitted to the Minister for approval.

The foregoing also applies to a construction project to be carried out by a third party owner if the agency or institution, as the future lessee or occupant of the immovable, is responsible for all or part of the cost of the work through rent or otherwise.

M.O. 2008-012, s. 3.

4. An agency or institution must obtain the written approval of the Minister before undertaking to finance or incur any expenditure for services related to a construction project or for professional services related to the concept and the preliminary plans and specifications of a construction project.

The agency or institution must also obtain the written approval of the Minister before the drawing up of the final plans and specifications.

In addition, before the issue of a call for tenders to award a contract for the carrying out of construction work, the agency or institution must obtain written confirmation from the Minister that the carrying out of the project has been authorized or approved under section 3.

M.O. 2008-012, s. 4.

5. The provisions of section 4 apply, with the necessary modifications, to the procedure to be observed for immovable construction projects referred to in the second paragraph of section 3. For that purpose, every reference to the Minister in section 4 is a reference to the agency concerned.

Despite the foregoing, an institution intending to enter into a mixed contract for construction work and professional services or a public-private partnership contract to carry out such a construction project must obtain the written approval of the Minister.

M.O. 2008-012, s. 5.

6. (Omitted).

M.O. 2008-012, s. 6.

REFERENCES

M.O. 2008-012, 2008 G.O. 2, 4823