A-33.2.1 - Act respecting the Autorité des marchés publics

Updated to 20 February 2024

This document has official status.

chapter A-33.2.1

Act respecting the Autorité des marchés publics

CHAPTER I ESTABLISHMENT AND ORGANIZATION

2017, c. 27, c. I.

1. A public procurement authority is established under the name “Autorité des marchés publics” (the Authority).

The Authority is a legal person and a mandatary of the State.

2017, c. 27, s. 1.

2. The property of the Authority forms part of the domain of the State, but the execution of the obligations of the Authority may be levied against its property.

The Authority binds none but itself when it acts in its own name.

2017, c. 27, s. 2.

3. The Authority has its head office in the national capital at the location it determines. A notice of the location of the head office, and of any change in its location, must be published in the Gazette officielle du Québec.

2017, c. 27, s. 3.

4. The Authority’s president and chief executive officer is appointed by the National Assembly, on the recommendation of the Prime Minister and with the approval of at least two-thirds of its Members, from among the persons declared qualified to hold that office by a selection committee composed of the Secretary of the Conseil du trésor, the Deputy Minister of Municipal Affairs and Land Occupancy, the Deputy Minister of Justice or their representatives, an advocate recommended by the Bâtonnier of the Province of Québec and a chartered professional accountant recommended by the president of the Ordre des comptables professionnels agréés du Québec.

The Chair of the Conseil du trésor publishes a notice inviting interested persons to apply for the office of president and chief executive officer or to propose the name of a person they consider qualified to hold that office in accordance with the procedure the Chair determines.

The selection committee promptly evaluates the candidates on the basis of their knowledge, particularly in public contract matters, their experience and their qualifications, according to the criteria determined in Schedule 1. The committee presents to the Chair of the Conseil du trésor a report in which it lists the candidates it has met whom it considers qualified to hold the office of president and chief executive officer. All information and documents regarding the candidates and the proceedings of the committee are confidential.

When the evaluation is concluded, if fewer than three candidates are considered qualified to hold the office of president and chief executive officer, the Chair of the Conseil du trésor must publish a new invitation for applications.

The members of the committee receive no remuneration, except in the cases and on the conditions that may be determined by the Government. They are, however, entitled to the reimbursement of expenses to the extent determined by the Government.

The Government may amend Schedule 1.

2017, c. 27, s. 4.

5. On the recommendation of the Chair of the Conseil du trésor, the Government appoints one or more vice-presidents to assist the Authority’s president and chief executive officer.

The vice-presidents are chosen from a list of persons declared qualified to hold that office by a selection committee composed of the Secretary of the Conseil du trésor, the Deputy Minister of Municipal Affairs and Land Occupancy or their representatives and the Authority’s president and chief executive officer.

2017, c. 27, s. 5.

6. The minimum requirements to be appointed as president and chief executive officer or vice-president and to remain in that office are

(1)  to be of good moral character; and

(2)  not to have been found guilty anywhere of an offence for an act or omission that is either an offence under the Criminal Code (R.S.C. 1985, c. C-46) or an offence, referred to in section 183 of that Code, under any of the Acts listed in that section and that is related to the employment, unless the person has obtained a pardon.

2017, c. 27, s. 6.

7. The president and chief executive officer’s term is seven years and may not be renewed. A vice-president’s term is of a fixed duration of not more than five years and may be renewed. On the expiry of their terms, the president and chief executive officer remains in office until he or she is replaced, and the vice-presidents remain in office until they are replaced or reappointed, as the case may be.

The president and chief executive officer and the vice-presidents exercise their functions on a full-time basis.

2017, c. 27, s. 7.

8. The Government determines the remuneration, employee benefits and other conditions of employment of the president and chief executive officer and the vice-presidents.

2017, c. 27, s. 8.

9. The president and chief executive officer is responsible for the administration and direction of the Authority.

The president and chief executive officer designates a vice-president or one or more members of the Authority’s staff to replace him or her when he or she is absent or unable to act.

2017, c. 27, s. 9.

10. The vice-presidents assist the president and chief executive officer in the exercise of his or her functions and powers and exercise their administrative functions under the president and chief executive officer’s authority.

2017, c. 27, s. 10.

11. Subject to the applicable legislative provisions, the president and chief executive officer may delegate any function or power under this Act or the Act respecting contracting by public bodies (chapter C‑65.1) to one of the Authority’s vice-presidents or any member of the Authority’s staff. The decision is published on the Authority’s website.

The president and chief executive officer may, in the instrument of delegation, authorize the subdelegation of specified functions and powers and, in that case, identifies the vice-president or staff member to whom they may be subdelegated.

2017, c. 27, s. 11.

12. The decisions made by the Authority and certified true by the president and chief executive officer, or by any other person authorized by the president and chief executive officer, are authentic. The same applies to the documents or copies of documents emanating from the Authority or forming part of its records when they have been signed or certified true by any such person.

2017, c. 27, s. 12.

13. Subject to the conditions determined by by-law, the Authority may allow the signature of the president and chief executive officer or a delegatee referred to in the second paragraph of section 9 or in section 11 to be affixed by means of an automatic device on the documents determined by by-law.

2017, c. 27, s. 13.

14. A by-law made by the Authority establishes a staffing plan as well as the procedure for appointing the members of its staff and the selection criteria.

Subject to the provisions of a collective agreement, such a by-law also determines the standards and scales of staff members’ remuneration, employee benefits and other conditions of employment in accordance with the conditions defined by the Government.

2017, c. 27, s. 14.

15. The conditions set out in paragraphs 1 and 2 of section 6 must be met for a person to be hired as a member of the Authority’s staff and remain as such.

2017, c. 27, s. 15.

16. The president and chief executive officer and the vice-presidents may not have a direct or indirect interest in a body, enterprise or association that may cause their personal interest to conflict with the duties of their office. If the interest devolves to them by succession or gift, they must renounce it or dispose of it with diligence.

Members of the Authority’s staff who have a direct or indirect interest in a body, enterprise or association that may cause their personal interest to conflict with the Authority’s interest must, on pain of dismissal, disclose it in writing to the president and chief executive officer and, if applicable, refrain from participating in any decision pertaining to the body, enterprise or association.

2017, c. 27, s. 16.

17. The Authority determines, by by-law, the rules of ethics and the disciplinary sanctions applicable to staff members.

2017, c. 27, s. 17.

18. The Authority must establish a strategic plan according to the form, content and timetable determined by the Government. The plan must state

(1)  the Authority’s objectives and strategic directions;

(2)  the results targeted over the period covered by the plan;

(3)  the performance indicators to be used in measuring results; and

(4)  any other element determined by the Chair of the Conseil du trésor.

The plan requires the Government’s approval.

2017, c. 27, s. 18.

CHAPTER II MISSION

2017, c. 27, c. II.

19. The Authority’s mission is

(1)  to oversee all public contracts, in particular, the tendering and awarding processes for those contracts;

(2)  to apply Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1) concerning the integrity of enterprises;

(3)  (subparagraph repealed);

Not in force

(4)  to apply Chapter V.3 of that Act concerning performance evaluations;

(4.1)  to apply Division II of Chapter VIII.2 of that Act concerning monetary administrative penalties; and

(5)  to establish the operating rules of the electronic tendering system in collaboration with the secretariat of the Conseil du trésor.

It is also the Authority’s mission to oversee all other contracting processes determined by the Government, on the conditions it determines.

2017, c. 27, s. 19; 2022, c. 18, s. 61.

20. For the purposes of this Act,

(1)  “public contract” means

(a)  a contract described in section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that a public body, other than a municipal body, may enter into; and

(b)  an insurance or supply contract or contract for the performance of work or the supply of services that a municipal body may enter into;

(1.1)  “public subcontract” means a subcontract directly or indirectly related to a public contract;

(2)  “public body” means a body referred to in section 4 or section 7 of the Act respecting contracting by public bodies, or a municipal body;

(3)  “municipal body” means a municipality, a metropolitan community, an intermunicipal board, a public transit authority, a Northern village, the Kativik Regional Government, a mixed enterprise company and any other person or body subject to any of sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19), articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(4)  “mixed enterprise company” means a company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01) or any similar body constituted under a private Act, in particular those constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004; and

(5)  “electronic tendering system” means the electronic tendering system referred to in section 11 of the Act respecting contracting by public bodies.

Despite subparagraph 1 of the first paragraph, for the purposes of Chapter IV, “public contract” means

(1)  in the case of a contract described in the first or third paragraph of section 3 of the Act respecting contracting by public bodies, a contract involving an expenditure equal to or above the applicable lowest public tender threshold;

(2)  in the case of an insurance or supply contract or contract for the performance of work or the supply of services that a municipal body other than a mixed enterprise company may enter into, a contract involving an expenditure equal to or above the applicable lowest public tender threshold; and

(3)  an insurance or supply contract or contract for the performance of work or the supply of services that a mixed enterprise company may enter into after a public call for tenders.

This Act does not however apply to a Cree or Naskapi village.

2017, c. 27, s. 20; 2018, c. 8, s. 253; 2022, c. 18, s. 62.

CHAPTER III FUNCTIONS AND POWERS

2017, c. 27, c. III.

DIVISION I FUNCTIONS OF THE AUTHORITY

2017, c. 27, Div. I.

21. The Authority’s functions are

(1)  to examine the tendering or awarding process for a public contract following a complaint under Division I or II of Chapter IV, for the purposes of an intervention under Chapter V or following a communication of information under Chapter VI;

(1.1)  to receive and process applications filed under Division V of Chapter IV;

(2)  to examine the performance of a public contract following an intervention or a communication of information under subparagraph 1;

(3)  to ensure coherence is maintained in the examination of tendering and awarding processes for public contracts and in the examination of the performance of such contracts;

(4)  to examine the contract management of a public body the Authority designates or of a public body designated by the Government, in particular the definition of procurement requirements, contract awarding processes, contract performance and accountability reporting;

(5)  to monitor public contracts and subcontracts particularly for the purpose of analyzing procurement trends and public bodies’ contracting practices and identifying problematic situations that affect competition;

(6)  to exercise the functions assigned to it under Chapters V.1, V.3 and VIII.2 of the Act respecting contracting by public bodies (chapter C-65.1) and, in particular, to keep the register of enterprises ineligible for public contracts and the register of enterprises authorized to contract; and

(7)  to exercise any other function determined by the Government in relation to the Authority’s mission.

For the purposes of subparagraph 4 of the first paragraph, the Authority may designate a public body only if the exercise of the functions set out in subparagraphs 1 and 2 of the first paragraph has revealed repeated failures to comply with the normative framework, pointing to significant deficiencies in contract management matters.

The Government or the Authority, as the case may be, determines the conditions under which and the manner in which an examination of a public body’s contract management under subparagraph 4 of the first paragraph is to be conducted. The conditions and manner are published on the Authority’s website.

2017, c. 27, s. 21; 2022, c. 18, s. 63.

For the application of subparagraph 6 of the first paragraph, see 2017, c. 27, s. 286, par. (4).

DIVISION II POWERS OF THE AUTHORITY

2017, c. 27, Div. II.

§ 1 . — Audit and investigation

2017, c. 27, Sd. 1.

22. The Authority may conduct an audit to verify compliance with this Act. The Authority may also conduct an audit to determine whether the tendering or awarding process for a public contract, the performance of a public contract or the contract management of a public body designated under subparagraph 4 of the first paragraph of section 21 is carried out in compliance with the normative framework to which the public body concerned is subject.

2017, c. 27, s. 22.

23. On the Authority’s request, the public body being audited must send or otherwise make available to the Authority within the time it specifies all documents and information the Authority considers necessary to conduct the audit. The same applies to any bidder, contractor or subcontractor and any other person or partnership that holds such a document or such information.

Anyone who is subject to a request made by the Authority under the first paragraph must, if the Authority so requests, confirm, in an affidavit, the authenticity of the documents or the veracity of the information communicated.

2017, c. 27, s. 23; 2022, c. 18, s. 64.

24. For the purposes of an audit, any authorized person may

(1)  enter, at any reasonable hour, the establishment of a public body or any other premises in which relevant documents or information may be kept;

(2)  use any computer, equipment or other thing that is on the premises to access data contained in an electronic device, computer system or other medium or to audit, examine, process, copy or print out such data; and

(3)  require from the persons present any relevant information as well as the production of any book, register, account, contract, record or other relevant document and make copies.

Any person who has the custody, possession or control of documents referred to in this section must communicate them to the person conducting the audit and facilitate their examination by that person.

2017, c. 27, s. 24.

25. The person authorized to conduct the audit must, on request, produce identification and, if applicable, show the document attesting his or her authorization.

2017, c. 27, s. 25.

26. The Authority may conduct an investigation into any matter relating to its oversight mission with respect to public contracts.

The Authority may also conduct an investigation into the commission of an offence under Chapter VII.1 of this Act or Division I of Chapter VIII.2 of the Act respecting contracting by public bodies (chapter C-65.1).

For those purposes, the Authority is vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

2017, c. 27, s. 26; 2022, c. 18, s. 65.

27. The Authority may, in writing, entrust to a person who is not a member of its personnel and who meets the conditions set out in paragraphs 1 and 2 of section 6 the mandate of conducting an audit or an investigation. For that purpose, it may delegate the exercise of its powers to that person.

2017, c. 27, s. 27; 2022, c. 18, s. 66.

28. (Repealed).

2017, c. 27, s. 28; 2022, c. 18, s. 67.

§ 2 . — Orders and recommendations

2017, c. 27, Sd. 2.

29. When an audit or investigation is concluded, the Authority may

(1)  order the public body to amend, to the Authority’s satisfaction, its tender documents or cancel the public call for tenders if the Authority is of the opinion that the conditions of the call for tenders do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework;

(2)  order the public body not to follow up on its intention to enter into a public contract by mutual agreement if the Authority is of the opinion that a complainant that has expressed interest is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice of intention, in which case the public body must issue a public call for tenders if it intends to enter into the contract;

(3)  order the public body to call on an independent process auditor for the tendering processes the Authority indicates;

(4)  designate an independent person to act as a member of a selection committee for the tendering of a public contract the Authority indicates;

(5)  despite any prohibition against the disclosure of information relating to a selection committee member’s identity or allowing a selection committee member to be identified as such, order the public body to send the Authority, for approval, the composition of the selection committees for the tendering processes the Authority indicates;

(5.1)  order the public body to take corrective measures, perform appropriate follow-up or implement any other measures, such as oversight and support measures, to ensure that a public contract is performed in compliance with the requirements specified in the tender documents or other contractual documents, and require that it be informed in writing, within the time specified, of the measures taken by the public body to comply with such a decision; and

(6)  suspend the performance of any public contract for the time it specifies or cancel such a contract if it is of the opinion that the seriousness of the breaches observed justifies suspending or cancelling the contract or if the public body has not complied with an order issued under subparagraph 5.1 to its satisfaction.

The decisions made by the Authority are public and must be made available by the Authority on its website. However, in the case of a decision made under subparagraph 4 of the first paragraph, the identity of the person designated to act as a member of a selection committee must not be disclosed.

In addition, following a decision made under subparagraph 1 or 2 of the first paragraph, the Authority requires the operator of the electronic tendering system to enter a brief description of the decision on the system without delay.

Despite the first paragraph, if the audit or investigation concerns a municipal body, a decision of the Authority takes the form of a recommendation to the body’s council or board.

2017, c. 27, s. 29; 2022, c. 18, s. 68.

30. A decision of the Authority under subparagraph 6 of the first paragraph of section 29 must include reasons and be sent without delay to the chief executive officer of the public body and the contractor concerned.

If it concerns a public body other than a municipal body, a decision referred to in the first paragraph to suspend the performance of a public contract becomes effective on the date and for the time the Authority specifies, and a decision to cancel a public contract becomes effective on the date the Authority specifies.

2017, c. 27, s. 30.

31. The Authority may also

(1)  make recommendations to the Chair of the Conseil du trésor or the minister responsible for municipal affairs on the tendering or awarding processes for public contracts and give its opinion on any question submitted to it by the Chair or the minister concerning matters under the Authority’s jurisdiction;

(2)  make recommendations to the chief executive officer of a public body on the tendering or awarding processes for a contract, on the performance of a contract or, when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, on the body’s contract management, which may propose corrective measures, appropriate follow-up and any other measures, such as oversight and monitoring measures;

(3)  recommend to the Conseil du trésor that it require, on the conditions it determines, that a public body, other than a municipal body,

(a)  associate itself with another public body designated by the Conseil du trésor for the tendering or awarding processes the Conseil indicates, or

(b)  entrust to another public body designated by the Conseil du trésor the responsibility of conducting the tendering or awarding processes the Conseil indicates;

(4)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government determine, in accordance with section 21.17.1 of the Act respecting contracting by public bodies (chapter C-65.1), other public contracts, categories of public contracts or groups of public contracts, including public subcontracts, for which an authorization to contract is required;

(5)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government require, in accordance with section 21.17.2 of the Act respecting contracting by public bodies, an enterprise party to a public contract or subcontract that is in process to obtain an authorization to contract;

(6)  recommend to the minister responsible for municipal affairs

(a)  that the minister intervene under section 7 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), or

(b)  that the minister give, under section 14 of that Act, any instructions the minister considers appropriate to the council or board of a municipal body, in which case the prior verification or investigation referred to in that section is not required; and

(7)  as part of its monitoring of public contracts and subcontracts, collect, compile and analyze information on such contracts and subcontracts and disseminate the resulting findings among the public bodies.

Subparagraph 3 of the first paragraph does not apply to bodies of the administrative branch established to exercise adjudicative functions and does not apply to bodies described in section 7 of the Act respecting contracting by public bodies to the extent that it concerns a tendering process.

For the purposes of subparagraphs 3 to 6 of the first paragraph, the Authority must send a copy of the record it has established to the Conseil du trésor, the Chair of the Conseil du trésor or the minister responsible for municipal affairs.

Recommendations made by the Authority under subparagraph 2 of the first paragraph are public and must be made available by the Authority on its website.

2017, c. 27, s. 31; 2022, c. 18, s. 69.

32. For the purposes of this Act, the chief executive officer of a public body, other than a municipal body, is the person responsible for the day-to-day management of the body, such as the deputy minister, the president or the director general.

However, in the case of a school service centre, general and vocational college or university-level educational institution, the chief executive officer corresponds to the board of governors and, in the case of a school board governed by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), to the council of commissioners.

A board or council referred to in the second paragraph may, by regulation, delegate all or part of the functions to be exercised by the chief executive officer to the executive committee, the director general or, in the case of a university-level educational institution, a member of the senior administrative personnel within the meaning of the Act respecting educational institutions at the university level (chapter E‑14.1).

2017, c. 27, s. 32; 2020, c. 1, s. 169.

33. For the purposes of this Act, the chief executive officer of a municipal body is the council or board of directors of the body. The council or board may delegate all or part of the functions assigned to it under this Act to the executive committee or the director general or, failing that, to the employee holding the highest office within the body.

The delegation of functions by a municipal council, the council of a metropolitan community, a Northern village or the Kativik Regional Government or by the board of directors of an intermunicipal board or transit authority must be made by by-law.

2017, c. 27, s. 33.

§ 3 . — Other powers

2017, c. 27, Sd. 3.

34. On the Authority’s request, a public body must send or otherwise make available to the Authority within the time it specifies all documents and information the Authority considers necessary to exercise its monitoring functions under subparagraph 5 of the first paragraph of section 21. The same applies to any bidder, contractor or subcontractor and any other person or partnership that holds a document or information the Authority considers necessary for the exercise of its monitoring functions.

Anyone who is subject to a request made by the Authority under the first paragraph must, if the Authority so requests, confirm, in an affidavit, the authenticity of the documents or the veracity of the information communicated.

2017, c. 27, s. 34; 2022, c. 18, s. 70.

35. If the Authority issues recommendations, it may require that it be informed in writing, within the time specified, of the measures taken by the public body to follow up on the recommendations.

2017, c. 27, s. 35.

36. For the exercise of its functions, the Authority may, as provided by law, enter into an agreement with a government other than the Gouvernement du Québec, with a department or body of such a government or with an international organization or a body of such an organization.

The Authority may, likewise, enter into an agreement with a public body with a view to facilitating the application of this Act. It may also, for the same purpose, enter into an agreement with any person or partnership provided that the person or partnership, as well as the person’s or partnership’s officers, directors, partners and employees who take part in achieving the object of the agreement, meet the conditions set out in paragraphs 1 and 2 of section 6.

2017, c. 27, s. 36; 2022, c. 18, s. 71.

CHAPTER IV COMPLAINTS

2017, c. 27, c. IV.

DIVISION I COMPLAINTS RESULTING FROM A PUBLIC BODY’S DECISION

2017, c. 27, Div. I.

§ 1 . — Tendering process

2017, c. 27, Sd. 1.

37. An interested person or partnership or the person’s or partnership’s representative may file a complaint with the Authority about the tendering process for a public contract if, after complaining to the public body that the tender documents contain conditions that do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework, the person, partnership or representative disagrees with the public body’s decision.

The complaint must be filed with the Authority not later than three days after the complainant receives the public body’s decision. If that deadline expires on a holiday, it is extended to the next working day. For the purposes of this paragraph, Saturday is considered a holiday, as are 2 January and 26 December.

2017, c. 27, s. 37.

§ 2 . — Awarding process

2017, c. 27, Sd. 2.

38. An interested person or partnership or the person’s or partnership’s representative may file a complaint with the Authority about the awarding process for a public contract if, after expressing interest in carrying out the contract to the public body that published the notice of intention required by law, the person, partnership or representative disagrees with the public body’s decision.

The complaint must be filed with the Authority not later than three days after the complainant receives the public body’s decision. If that deadline expires on a holiday, it is extended to the next working day. For the purposes of this paragraph, Saturday is considered a holiday, as are 2 January and 26 December.

2017, c. 27, s. 38.

DIVISION II COMPLAINTS NOT RESULTING FROM A PUBLIC BODY’S DECISION

2017, c. 27, Div. II.

§ 1 . — Tendering process

2017, c. 27, Sd. 1.

39. An interested person or partnership or the person’s or partnership’s representative may file a complaint with the Authority about the tendering process for a public contract if, after complaining as described in section 37, the person, partnership or representative has still not received the public body’s decision three days before the tender closing date determined by the public body.

The complaint must be filed with the Authority not later than that date.

2017, c. 27, s. 39.

40. An interested person or partnership or the person’s or partnership’s representative may also file a complaint with the Authority about the tendering process for a public contract if, after being informed of an amendment made to the tender documents during the period starting two days before the complaint filing deadline indicated on the electronic tendering system, the person, partnership or representative is of the opinion that the amendment contains conditions that do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework.

The complaint must be filed with the Authority not later than two days before the tender closing date indicated on the electronic tendering system.

The first paragraph applies regardless of whether the person or partnership had first communicated with the public body that amended the tender documents.

2017, c. 27, s. 40.

§ 2 . — Awarding process

2017, c. 27, Sd. 2.

41. An interested person or partnership or the person’s or partnership’s representative may file a complaint with the Authority about the awarding process for a public contract if, after an expression of interest referred to in section 38, the person, partnership or representative has still not received the public body’s decision three days before the projected contract date.

The complaint must be filed with the Authority not later than one day before the projected contract date indicated on the electronic tendering system.

2017, c. 27, s. 41.

42. An interested person or partnership or the person’s or partnership’s representative may also file a complaint with the Authority about the awarding process for a public contract if the notice of intention required by law was not published on the electronic tendering system.

2017, c. 27, s. 42.

DIVISION III SPECIAL PROVISIONS

2017, c. 27, Div. III.

43. For the purposes of sections 37, 39 and 40, a group of interested persons or interested partnerships or its representative may, on the same conditions, file a complaint with the Authority.

2017, c. 27, s. 43.

44. Despite Divisions I and II, no complaint may be filed concerning an amendment made to the tender documents in accordance with an order or recommendation of the Authority.

2017, c. 27, s. 44.

DIVISION IV COMPLAINT PROCESSING

2017, c. 27, Div. IV.

45. A complaint must be filed electronically with the Authority in the form it determines and in accordance with the procedure it establishes. The procedure must, in particular,

(1)  specify how a complaint must be filed and how complaints are processed;

(2)  indicate the information the complaint must include; and

(3)  allow the complainant and the chief executive officer of the public body referred to in the complaint to submit observations.

The Authority must publish the procedure on its website.

2017, c. 27, s. 45.

46. The Authority dismisses a complaint if

(1)  it considers the complaint to be abusive, frivolous or clearly unfounded;

(2)  the complaint has not been sent in accordance with section 45 or has been filed late;

(3)  the complainant does not have the required interest;

(4)  the complaint concerns an amendment made to the tender documents in accordance with an order or recommendation of the Authority;

(5)  the complainant should have first filed a complaint with or expressed its interest to the public body;

(6)  the complainant refuses or neglects to provide, within the time specified by the Authority, the information or documents that the Authority requires; or

(7)  the complainant is pursuing or has pursued a judicial remedy based on the same facts as those set out in the complaint.

In all cases, the Authority must inform the complainant and give the reasons for its decision in writing. It must also send its decision to the public body concerned if the complaint was dismissed after the body’s observations were obtained.

If the Authority dismisses a complaint under subparagraph 2, 3 or 5 of the first paragraph, the information sent by the complainant is deemed to have been communicated to the Authority under section 56.

Despite the preceding paragraphs, the Authority may, in exceptional circumstances, consider a complaint that has not been filed in accordance with section 45 or that has been filed late to be admissible if the Authority considers it relevant to examine the complaint. For the purposes of this paragraph, the examination of a complaint is relevant in such cases as when the complaint concerns a tendering process and is filed before the tender closing date.

2017, c. 27, s. 46.

47. If the Authority considers that a complaint under Division I or II is admissible, the Authority informs the public body, which must in turn, without delay, submit its observations to the Authority and, as applicable, send the Authority a copy of the reasons for its decision on the complaint or the expression of interest that it has processed.

2017, c. 27, s. 47.

48. In the case of a complaint about a tendering process, the Authority must, if need be, defer the submission of bids until a new tender closing date is set by the public body in accordance with the second paragraph of section 50.

In the case of a complaint about an awarding process, the Authority must, if need be, defer the projected contract date.

In the cases referred to in the first and second paragraphs, the Authority informs the public body concerned and the complainant of the deferral, and requires the operator of the electronic tendering system to make an entry to that effect on the system without delay.

2017, c. 27, s. 48.

49. The Authority has 14 days from the time it receives the public body’s observations to make its decision.

If the complaint cannot be processed within the time period specified in the first paragraph because of the complexity of the elements raised, the Authority determines such an additional time period as is sufficient to allow it to finish processing the complaint.

However, if the public body demonstrates to the Authority’s satisfaction that the additional time period determined under the second paragraph would prevent the body from properly fulfilling its mission, adversely affect the services offered to citizens, enterprises or other public bodies, result in a contravention of laws and regulations or raise any other public interest issue, the Authority then has only an additional period of seven days to make its decision unless it agrees with the body on a longer time period.

If the Authority fails to make a decision before the expiry of the additional time period determined under this section, it is deemed to have decided that, with regard to the elements raised in the complaint, the tendering or awarding process for the contract complies with the normative framework.

2017, c. 27, s. 49; 2022, c. 18, s. 72.

50. When the examination of a complaint under Division I or II is concluded, the Authority sends its decision with reasons in writing to the complainant and the public body concerned.

If the Authority’s decision on a complaint referred to in section 37, 39 or 40 allows the tendering process to continue, the public body must ensure that a time period of at least seven days is granted for tendering a bid if the decision results in an amendment to the tender documents. The time period must be of at least two days if the decision does not result in an amendment to the tender documents. The public body enters on the electronic tendering system a new tender closing date, as the case may be, that allows for those time periods.

The second paragraph does not apply to a tendering process of a municipal body.

2017, c. 27, s. 50.

51. It is forbidden to take a reprisal in any manner whatever against a person or partnership that files a complaint with the Authority or again to threaten to take a reprisal against a person or partnership so that he, she or it will abstain from filing a complaint with the Authority.

A person or partnership who believes himself, herself or itself to be a victim of a reprisal may file a complaint with the Authority so that the Authority may determine if the complaint is substantiated and make any recommendations it considers appropriate to the chief executive officer of the public body concerned by the reprisal. Section 46 applies to the follow-up of the complaint, with the necessary modifications.

When the examination is concluded, the Authority informs the complainant of its findings and, if applicable, its recommendations.

2017, c. 27, s. 51.

52. No civil action may be instituted against a person or partnership for or as a consequence of a complaint that the person or partnership filed in good faith under this chapter, whatever the Authority’s conclusions, or for or as a consequence of the publication of a report by the Authority under this Act.

Moreover, nothing in this Act restricts a complainant’s right, after the Authority has processed the complainant’s complaint, to pursue a remedy based on the same facts as those set out in the complaint.

2017, c. 27, s. 52.

DIVISION V PROVISIONS SPECIFIC TO THE AUTHORITY’S CONTRACTING PROCESSES

2022, c. 18, s. 73.

52.1. In any case where it is permitted, under the provisions of Divisions I to III, to file a complaint with the Authority in relation to a public body’s contracting process, a person or partnership, or a group of persons or partnerships, covered by those provisions, as well as the person’s, partnership’s or group’s representative, may, on the same conditions and for the same reasons, apply to the Authority for it to re-evaluate the compliance of any of its own contracting processes with the normative framework or to reconsider its intention to enter into a contract by mutual agreement despite the interest that the person, partnership or group of persons or partnerships has shown in carrying out the contract.

Section 45 and section 46, except subparagraph 4 of the first paragraph and the third paragraph of that section, apply to an application made under the first paragraph, and sections 51 and 52 apply, with the necessary modifications, to a person, partnership or group that submits such an application.

2022, c. 18, s. 73.

52.2. Each time an application referred to in section 52.1 is filed, the president and chief executive officer of the Authority designates a person or persons to be responsible for processing it. A person so designated must be from an administrative unit that is separate from any administrative unit the persons who exercise the Authority’s contractual activities, the persons responsible for processing complaints filed in respect of those persons, and the persons responsible for processing complaints filed under Divisions I and II are from. Moreover, the president and chief executive officer must ensure that all measures necessary to ensure that the application is processed with integrity and independence are put in place within the Authority.

2022, c. 18, s. 73.

52.3. On receiving an application referred to in section 52.1 and if need be, the Authority defers the deadline for the submission of bids if the application concerns a tendering process, or the projected contract date if the application concerns an awarding process. In such a case, the Authority informs the applicant of the deferral and makes an entry to that effect on the electronic tendering system without delay.

2022, c. 18, s. 73.

52.4. The Authority has 14 days from the time it receives the application to make its decision.

When the analysis of the application is concluded, the Authority sends its decision with reasons in writing to the applicant.

When the application concerns a tendering process and the Authority decides it will continue the process while amending the tender documents, the Authority must ensure that a period of at least seven days is granted for tendering a bid. The period must be of at least two days if no amendment is made to the tender documents. Where applicable, the Authority enters on the electronic tendering system a new tender closing date that allows for those time periods.

2022, c. 18, s. 73.

CHAPTER V INTERVENTION

2017, c. 27, c. V.

53. The Authority may, on its own initiative or on the request of the Chair of the Conseil du trésor or the minister responsible for municipal affairs, examine a tendering or awarding process for a public contract or examine the performance of such a contract if the public body concerned does not appear to be acting, in respect of the process or contract, in compliance with the normative framework. A single examination may concern more than one tendering or awarding process or the performance of more than one contract.

When the Authority’s intervention concerns one or more ongoing tendering or awarding processes, sections 48 and 49 and the second paragraph of section 50 apply, as the case may be, with the necessary modifications.

2017, c. 27, s. 53; 2022, c. 18, s. 74.

54. The Authority informs the public body’s chief executive officer of the reasons for its intervention and invites him or her to submit observations.

2017, c. 27, s. 54.

55. When the examination is concluded, the Authority sends its decision with reasons in writing to the public body concerned and the minister responsible for the body. Furthermore, if the intervention was requested by the Chair of the Conseil du trésor or the minister responsible for municipal affairs, the Authority must report to the Chair or that minister on its intervention, in addition to sending him or her its decision with reasons in writing.

2017, c. 27, s. 55; 2022, c. 18, s. 75.

CHAPTER VI COMMUNICATION OF INFORMATION TO THE AUTHORITY

2017, c. 27, c. VI.

56. A person may communicate information to the Authority about the tendering or awarding process for a public contract or the performance of such a contract if the public body concerned does not appear to be acting or to have acted, in respect of the process or contract, in compliance with the normative framework.

The first paragraph applies despite the provisions on the communication of information in the Act respecting the protection of personal information in the private sector (chapter P-39.1) and the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), except those in section 33 of the latter Act. It also applies despite any other communication restrictions under a law and any duty of confidentiality or loyalty that may be binding on a person, including toward an employer or, if applicable, a client.

However, the lifting of professional secrecy authorized under this section does not apply to professional secrecy between a lawyer or a notary and a client.

2017, c. 27, s. 56.

57. The Authority must establish a procedure for the communication of information under section 56 and publish it on its website.

2017, c. 27, s. 57.

58. A person who communicates or wishes to communicate information under section 56, who cooperates in an audit or an investigation conducted on the grounds of such a communication or who believes himself or herself to be a victim of a reprisal forbidden under section 63 may apply to the Public Protector for access to legal advice under section 26 of the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1), in which case the third and fourth paragraphs of that section apply, with the necessary modifications.

2017, c. 27, s. 58; 2022, c. 18, s. 76.

59. If the Authority considers it relevant to examine the process or performance of the contract referred to in the communication of information, it informs the public body’s chief executive officer of the reasons for the examination and invites him or her to submit observations.

A single examination may concern more than one tendering or awarding process or the performance of more than one contract.

2017, c. 27, s. 59; 2022, c. 18, s. 77.

60. When the examination is concluded, the Authority sends its decision with reasons in writing to the public body concerned. The decision may not take the form of an order described in subparagraph 1 or 2 of the first paragraph of section 29.

In addition, the Authority informs the person who made the communication of any follow-up given to it.

The Authority may also, if it considers it relevant, send a copy of its decision to the minister responsible for the public body.

2017, c. 27, s. 60.

61. The Authority must take all measures necessary to protect the identity of persons who have communicated with it. The Authority may nonetheless communicate the identity of such persons to the Anti-Corruption Commissioner, the inspector general of Ville de Montréal or the Public Protector, as the case may be.

2017, c. 27, s. 61.

62. A person who, in good faith, communicates information or cooperates in an audit or an investigation conducted on the grounds of such a communication incurs no civil liability for doing so.

2017, c. 27, s. 62; 2022, c. 18, s. 78.

63. It is forbidden to take a reprisal against a person on the ground that the person has, in good faith, communicated information or cooperated in an audit or an investigation conducted on the grounds of such a communication.

It is also forbidden to threaten to take a reprisal against a person so that the person will abstain from communicating information or cooperating in an audit or an investigation conducted on the grounds of such a communication.

2017, c. 27, s. 63; 2022, c. 18, s. 79.

64. The demotion, suspension, dismissal or transfer of a person referred to in section 63 or any other disciplinary measure or measure that adversely affects such a person’s employment or conditions of employment is presumed to be a reprisal within the meaning of that section.

2017, c. 27, s. 64.

65. Any person who believes himself or herself to be a victim of a reprisal may file a complaint with the Authority so that the Authority may determine whether the complaint is substantiated and make any recommendations it considers appropriate to the chief executive officer of the public body concerned by the reprisal. Section 46 applies to the follow-up of the complaint, with the necessary modifications.

If the reprisal of which the person believes himself or herself to be a victim seems, in the Authority’s opinion, to constitute a prohibited practice within the meaning of subparagraph 14 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1), the Authority refers the person to the Commission des normes, de l’équité, de la santé et de la sécurité du travail.

When the examination is concluded, the Authority informs the complainant of its findings and, if applicable, its recommendations.

2017, c. 27, s. 65.

66. (Repealed).

2017, c. 27, s. 66; 2022, c. 18, s. 80.

CHAPTER VII CANCELLATION BY OPERATION OF LAW

2017, c. 27, c. VII.

67. Any public contract entered into following a tendering or awarding process continued by a public body before the Authority has made a decision on a complaint filed under Division I or II of Chapter IV, or, subject to section 25.0.1 of the Act respecting contracting by public bodies (chapter C-65.1), in contravention of an order made by the Authority under subparagraph 1 or 2 of the first paragraph of section 29, is cancelled by operation of law from the time the body and its contractor receive notification from the Authority to that effect.

In addition, a contract entered into by mutual agreement by a public body without the prior publication of the notice of intention required by law is cancelled by operation of law from the time the body and its contractor receive notification from the Authority to that effect.

This section does not apply to a contract entered into by a municipal body.

2017, c. 27, s. 67.

CHAPTER VII.1 PENAL PROVISIONS

2022, c. 18, s. 81.

67.1. Anyone who

(1)  hinders or attempts to hinder a person exercising audit or investigation functions, in particular by communicating any false or misleading document or information, by refusing to provide or make available any document or information they must send or make available, or by concealing or destroying any document or information relevant to an audit or an investigation,

(2)  by an act or omission, helps a person to commit an offence under paragraph 1, or

(3)  by encouragement, advice, consent, authorization or command, induces a person to commit an offence under paragraph 1

commits an offence and is liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in any other case.

2022, c. 18, s. 81.

67.2. Anyone who

(1)  communicates information under section 56 that the person knows to be false or misleading,

(2)  contravenes section 63,

(3)  by an act or omission, helps another person to commit an offence under paragraph 1 or 2, or

(4)  by encouragement, advice, consent, authorization or command, induces another person to commit an offence under paragraph 1 or 2

commits an offence and is liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $250,000 in any other case.

2022, c. 18, s. 81.

67.3. For a subsequent offence, the minimum and maximum fines prescribed in this chapter are doubled.

2022, c. 18, s. 81.

67.4. Penal proceedings must be instituted within three years after the time the prosecutor becomes aware of the commission of the offence. However, no proceedings may be instituted if more than seven years have elapsed since the date of the offence.

2022, c. 18, s. 81.

CHAPTER VIII MISCELLANEOUS PROVISIONS

2017, c. 27, c. VIII.

67.5. The Authority may, on an application, review any decision it has made under this Act if it is informed of a new fact which, had it been known in sufficient time, could have warranted a different decision.

An application for review made under this section must, to be considered by the Authority, be submitted within a reasonable time after the date of the decision or after the date the new fact is discovered.

2022, c. 18, s. 82.

68. The functions and powers devolved to the Authority in respect of a municipal body, except those that concern the examination of the contract management of a public body referred to in subparagraph 4 of the first paragraph of section 21, are exercised, in respect of Ville de Montréal or a person or body referred to in the second paragraph, by the inspector general of Ville de Montréal. In such a case, the inspector general is substituted for the Authority for the purposes of this Act, with the necessary modifications. The inspector general is bound by the same obligations that would apply to the Authority in the exercise of those functions and powers.

The persons and bodies referred to in the first paragraph are the following:

(1)  a legal person referred to in subparagraph 1 of the fifth paragraph of section 57.1.9 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(2)  a person or body related to the city under section 70; and

(3)  a body referred to in section 573.3.5 of the Cities and Towns Act (chapter C-19) if

(a)  the body referred to in subparagraph 1 of the first paragraph of that section is the mandatary or agent of Ville de Montréal;

(b)  in accordance with subparagraph 2 of the first paragraph of that section, the majority of the members of its board of directors are members of the council of Ville de Montréal or appointed by Ville de Montréal;

(c)  its budget is adopted or approved by Ville de Montréal;

(d)  the body referred to in subparagraph 4 of the first paragraph of that section receives the largest share of all the funds it receives from municipalities from Ville de Montréal; or

(e)  the body designated under subparagraph 5 of the first paragraph of that section has its principal place of business in the territory of Ville de Montréal.

The city and a body or person referred to in the second paragraph are bound by the same obligations toward the inspector general as those by which a municipal body would be bound toward the Authority, and the Authority does not exercise any function or power in respect of the city or the body or person, unless the city, body or person is designated under subparagraph 4 of the first paragraph of section 21.

Despite the first and third paragraphs, the Authority may make any recommendation to the inspector general, in particular to ensure that coherence is maintained in the decisions and recommendations made in the examination of the tendering or awarding process for public contracts and the examination of the performance of public contracts.

In addition, the city, the inspector general and any person or body referred to in the second paragraph must send the Authority any document or information necessary for the purposes of the fourth paragraph of this section and subparagraph 7 of the first paragraph of section 31.

The exercise of the functions and powers provided for in the first paragraph in respect of a contracting process or a contract does not prevent the inspector general from exercising, in respect of the same process or contract, the same functions and powers devolved to the inspector under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec.

Penal proceedings for an offence under this Act that the inspector general has uncovered may be brought by Ville de Montréal.

The Government may, at any time, order that the first paragraph not apply in respect of Ville de Montréal or of a person or body referred to in that paragraph.

2017, c. 27, s. 68.

69. The provisions of Chapters IV to VI that concern the examination of a tendering process under subparagraph 1 of the first paragraph of section 21, as well as the provisions of Division V of Chapter IV insofar as they relate to a tendering process, apply to a process for the certification of goods or the qualification of suppliers, service providers or contractors, with the necessary modifications.

2017, c. 27, s. 69; 2022, c. 18, s. 83.

70. If, with respect to a municipal body or a person related to a municipality, the Authority issues recommendations under section 29 or under subparagraph 2 of the first paragraph of section 31, dismisses a complaint under section 46, considers a complaint admissible under section 47, determines an additional time period under section 49, makes a decision under section 50, intervenes under section 53, makes a decision under section 55, carries out an examination under section 59 or makes a decision under section 60, the Authority informs the municipality. However, if the municipal body is a local municipality, the Authority does not inform the regional county municipality related to the local municipality, and if the body is a metropolitan community, the Authority does not inform the municipality related to the metropolitan community.

For the purposes of this section, a municipal body, except in the case of a local municipality, or a person is related to a municipality if

(1)  the body’s territory includes that of the local municipality;

(2)  the body’s territory corresponds to that of the local municipality;

(3)  the body was constituted by the municipality;

(4)  the body is a mixed enterprise company founded by the municipality; or

(5)  the person exercises, within the municipality, the functions assigned to him or her and the person is alone responsible for making the contracts necessary for the exercise of those functions.

In addition, if the Authority intervenes under a provision referred to in the first paragraph in respect of one of the agglomerations governed by the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), it informs all the municipalities related to the agglomeration.

2017, c. 27, s. 70.

71. As soon as possible, the Authority sends the public body concerned the information brought to the Authority’s attention that it considers may be

(1)  communicated to the inspector general of Ville de Montréal under section 57.1.13 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(2)  disclosed to the Public Protector or the Commission municipale du Québec, as applicable, under section 6 of the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1);

(3)  communicated to the Commission municipale du Québec under section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1); or

(4)  disclosed to the Anti-Corruption Commissioner under section 26 of the Anti-Corruption Act (chapter L-6.1).

Similarly, the Authority may send the Chair of the Conseil du trésor or the minister responsible for municipal affairs such information regarding public bodies’ contract management as is useful for the discharge of their respective mandates.

A communication of information made by the Authority in accordance with this section is made according to the terms and conditions determined in an agreement.

2017, c. 27, s. 71; 2018, c. 8, s. 254; 2021, c. 31, s. 42.

72. Nothing contained in an audit or investigation record under this Act, including the resulting conclusions with reasons, may be construed as a declaration, recognition or extrajudicial admission of misconduct capable of establishing the civil liability of a party in a judicial proceeding.

2017, c. 27, s. 72.

73. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the Authority may not disclose information that allows a person to be identified as being a member of a selection committee.

2017, c. 27, s. 73.

74. Despite any inconsistent provision of any Act, the president and chief executive officer or a vice-president of the Authority, a member of the Authority’s staff acting in the exercise of his or her powers or a mandatary referred to in section 27 may not be compelled, in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions, to make a deposition on information obtained in the exercise of his or her functions or to produce a document containing such information.

2017, c. 27, s. 74.

75. No proceedings may be brought against the Authority, the president and chief executive officer or a vice-president of the Authority, a member of the Authority’s staff or a mandatary referred to in section 27 by reason of omissions or acts performed in good faith in the exercise of its or his or her functions.

2017, c. 27, s. 75.

76. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be presented or injunction granted against the Authority, the president and chief executive officer or a vice-president of the Authority, a member of the Authority’s staff or a mandatary referred to in section 27 in the exercise of its or his or her functions.

2017, c. 27, s. 76.

77. A judge of the Court of Appeal may, on an application, summarily annul any proceeding instituted, decision rendered or order or injunction made or granted contrary to sections 75 and 76.

2017, c. 27, s. 77.

CHAPTER IX FINANCIAL PROVISIONS, ACCOUNTS AND REPORTS

2017, c. 27, c. IX.

78. The Authority’s fiscal year ends on 31 March.

2017, c. 27, s. 78.

79. Not later than 30 September each year, the Authority must file its financial statements and a report on its activities and governance for the previous fiscal year with the Chair of the Conseil du trésor.

The financial statements and report must contain all the information required by the Chair.

The report must also contain information on the Authority’s oversight activities. In this regard, the report specifies the nature of the complaints that the Authority received under Chapter IV and indicates, for each type of complaint, the number received, dismissed, considered, refused or abandoned.

The report must also describe the examinations conducted by the Authority for the purposes of an intervention under Chapter V or a communication of information under Chapter VI and its main conclusions, if any.

2017, c. 27, s. 79.

80. The Chair of the Conseil du trésor tables the Authority’s financial statements and the report referred to in section 79 before the National Assembly within 30 days of receiving them or, if the Assembly is not in session, within 15 days of resumption.

2017, c. 27, s. 80.

81. The Authority provides the Chair of the Conseil du trésor with any information and any other report required by the Chair concerning the Authority’s activities.

2017, c. 27, s. 81.

82. The Authority’s books and accounts must be audited by the Auditor General each year and whenever the Government so orders.

The Auditor General’s report must be filed with the report referred to in section 79 and the Authority’s financial statements.

2017, c. 27, s. 82.

83. (Repealed).

2017, c. 27, s. 83; 2020, c. 5, s. 107.

84. The Authority determines the tariff of fees as well as the other forms of remuneration payable for the services it provides. The tariff and other forms of remuneration may vary according to the type of enterprise or the place where the enterprise mainly carries on its activities.

Such forms of remuneration require the Government’s approval.

2017, c. 27, s. 84.

85. The Government may, on the conditions and according to the terms it determines,

(1)  guarantee the payment, in principal and interest, of any loan contracted by the Authority and any of its obligations; and

(2)  authorize the Minister of Finance to advance to the Authority any amount that is considered necessary for the performance of its obligations or the pursuit of its mission.

The sums that the Government may be called on to pay under the first paragraph are taken out of the Consolidated Revenue Fund.

2017, c. 27, s. 85.

86. The Authority may not, without the Government’s authorization,

(1)  contract a loan that causes the aggregate of its outstanding loans to exceed the amount determined by the Government;

(2)  make a financial commitment in excess of the limits or in contravention of the terms and conditions determined by the Government; or

(3)  acquire or transfer assets in excess of the limits or in contravention of the terms and conditions determined by the Government.

2017, c. 27, s. 86.

87. The sums received by the Authority must be applied to the payment of its obligations. Any surplus is retained by the Authority unless the Government decides otherwise.

2017, c. 27, s. 87.

CHAPTER X AMENDING PROVISIONS

2017, c. 27, c. X.

Act respecting contracting by public bodies

88. (Amendment integrated into c. C-65.1, s. 1).

2017, c. 27, s. 88.

89. (Amendment integrated into c. C-65.1, s. 3).

2017, c. 27, s. 89.

90. (Amendments integrated into c. C-65.1, s. 4).

2017, c. 27, s. 90.

91. (Amendment integrated into c. C-65.1, s. 7).

2017, c. 27, s. 91.

92. (Amendment integrated into c. C-65.1, s. 8).

2017, c. 27, s. 92.

93. (Amendment integrated into c. C-65.1, s. 13).

2017, c. 27, s. 93.

94. (Amendment integrated into c. C-65.1, ss. 13.1 and 13.2).

2017, c. 27, s. 94.

95. (Amendment integrated into c. C-65.1, s. 21.0.2).

2017, c. 27, s. 95.

96. (Amendment integrated into c. C-65.1, ss. 21.0.3 and 21.0.4).

2017, c. 27, s. 96.

97. (Amendment integrated into c. C-65.1, title of Division I of Chapter V.1).

2017, c. 27, s. 97.

98. (Amendment integrated into c. C-65.1, s. 21.1).

2017, c. 27, s. 98.

99. (Amendment integrated into c. C-65.1, s. 21.2).

2017, c. 27, s. 99.

100. (Amendment integrated into c. C-65.1, s. 21.2.0.0.1).

2017, c. 27, s. 100.

101. (Amendments integrated into c. C-65.1, s. 21.2.0.1).

2017, c. 27, s. 101.

102. (Omitted).

2017, c. 27, s. 102.

103. (Amendment integrated into c. C-65.1, s. 21.3.1).

2017, c. 27, s. 103.

104. (Omitted).

2017, c. 27, s. 104.

105. (Amendment integrated into c. C-65.1, s. 21.4.1).

2017, c. 27, s. 105.

106. (Omitted).

2017, c. 27, s. 106.

107. (Amendment integrated into c. C-65.1, s. 21.6).

2017, c. 27, s. 107.

108. (Amendment integrated into c. C-65.1, s. 21.7).

2017, c. 27, s. 108.

109. (Amendment integrated into c. C-65.1, s. 21.8).

2017, c. 27, s. 109.

110. (Omitted).

2017, c. 27, s. 110.

111. (Amendment integrated into c. C-65.1, s. 21.10).

2017, c. 27, s. 111.

112. (Amendment integrated into c. C-65.1, s. 21.11).

2017, c. 27, s. 112.

113. (Amendment integrated into c. C-65.1, s. 21.12).

2017, c. 27, s. 113.

114. (Omitted).

2017, c. 27, s. 114.

115. (Amendment integrated into c. C-65.1, s. 21.15).

2017, c. 27, s. 115.

116. (Amendments integrated into c. C-65.1, s. 21.16).

2017, c. 27, s. 116.

117. (Amendment integrated into c. C-65.1, s. 21.17).

2017, c. 27, s. 117.

118. (Amendment integrated into c. C-65.1, ss. 21.17.1 to 21.17.3).

2017, c. 27, s. 118.

119. (Omitted).

2017, c. 27, s. 119.

120. (Amendment integrated into c. C-65.1, s. 21.22).

2017, c. 27, s. 120.

121. (Amendment integrated into c. C-65.1, s. 21.23).

2017, c. 27, s. 121.

122. (Amendment integrated into c. C-65.1, s. 21.28).

2017, c. 27, s. 122.

123. (Amendment integrated into c. C-65.1, s. 21.30).

2017, c. 27, s. 123.

124. (Amendment integrated into c. C-65.1, s. 21.35).

2017, c. 27, s. 124.

125. (Amendment integrated into c. C-65.1, s. 21.38).

2017, c. 27, s. 125.

126. (Amendment integrated into c. C-65.1, s. 21.41.1).

2017, c. 27, s. 126.

127. (Amendments integrated into c. C-65.1, s. 21.43).

2017, c. 27, s. 127.

128. (Amendment integrated into c. C-65.1, s. 21.44).

2017, c. 27, s. 128.

129. (Not in force).

2017, c. 27, s. 129.

130. (Amendment integrated into c. C-65.1, s. 23).

2017, c. 27, s. 130.

131. (Amendment integrated into c. C-65.1, s. 23.1).

2017, c. 27, s. 131.

132. (Amendment integrated into c. C-65.1, ss. 24.3 to 24.7).

2017, c. 27, s. 132.

133. (Amendment integrated into c. C-65.1, s. 25).

2017, c. 27, s. 133.

134. (Amendment integrated into c. C-65.1, ss. 25.0.1 to 25.0.5).

2017, c. 27, s. 134.

135. (Amendment integrated into c. C-65.1, s. 25.1).

2017, c. 27, s. 135.

136. (Amendment integrated into c. C-65.1, s. 26).

2017, c. 27, s. 136.

137. (Amendment integrated into c. C-65.1, s. 27).

2017, c. 27, s. 137.

138. (Amendment integrated into c. C-65.1, s. 27.1).

2017, c. 27, s. 138.

139. (Omitted).

2017, c. 27, s. 139.

140. (Amendment integrated into c. C-65.1, s. 27.4).

2017, c. 27, s. 140.

141. (Amendment integrated into c. C-65.1, s. 27.5).

2017, c. 27, s. 141.

142. (Amendment integrated into c. C-65.1, s. 27.7).

2017, c. 27, s. 142.

143. (Amendment integrated into c. C-65.1, s. 27.8).

2017, c. 27, s. 143.

144. (Amendment integrated into c. C-65.1, s. 27.9).

2017, c. 27, s. 144.

145. (Amendment integrated into c. C-65.1, ss. 27.10.1 and 27.10.2).

2017, c. 27, s. 145.

146. (Amendment integrated into c. C-65.1, s. 27.14.1).

2017, c. 27, s. 146.

147. (Omitted).

2017, c. 27, s. 147.

148. (Amendment integrated into c. C-65.1, s. 58.1).

2017, c. 27, s. 148.

149. (Omitted).

2017, c. 27, s. 149.

150. (Amendment integrated into c. C-65.1, Schedule I).

2017, c. 27, s. 150.

151. (Amendment integrated into c. C-65.1, Schedule II).

2017, c. 27, s. 151.

Financial Administration Act

152. (Amendment integrated into c. A-6.001, Schedule 2).

2017, c. 27, s. 152.

Tax Administration Act

153. (Amendment integrated into c. A-6.002, s. 69.1).

2017, c. 27, s. 153.

154. (Amendment integrated into c. A-6.002, s. 69.4.1).

2017, c. 27, s. 154.

155. (Amendment integrated into c. A-6.002, s. 69.8).

2017, c. 27, s. 155.

Act respecting the Autorité des marchés financiers

156. (Amendment integrated into c. E-6.1, s. 9).

2017, c. 27, s. 156.

157. (Omitted).

2017, c. 27, s. 157.

158. (Amendment integrated into c. E-6.1, s. 44).

2017, c. 27, s. 158.

159. (Amendment integrated into c. E-6.1, s. 749).

2017, c. 27, s. 159.

Building Act

160. (Amendment integrated into c. B-1.1, s. 65.1.0.1).

2017, c. 27, s. 160.

161. (Amendment integrated into c. B-1.1, s. 65.1.0.2, French text).

2017, c. 27, s. 161.

162. (Amendment integrated into c. B-1.1, s. 65.2.1).

2017, c. 27, s. 162.

Cities and Towns Act

163. (Amendment integrated into c. C-19, ss. 573.3.0.0.1 and 573.3.0.0.2).

2017, c. 27, s. 163.

164. (Amendment integrated into c. C-19, ss. 573.3.1.3 to 573.3.1.7).

2017, c. 27, s. 164.

165. (Amendment integrated into c. C-19, s. 573.3.3.2).

2017, c. 27, s. 165.

166. (Amendment integrated into c. C-19, s. 573.3.3.3).

2017, c. 27, s. 166.

167. (Amendment integrated into c. C-19, s. 573.3.3.4).

2017, c. 27, s. 167.

168. (Amendment integrated into c. C-19, ss. 573.3.3.5 and 573.3.3.6).

2017, c. 27, s. 168.

Municipal Code of Québec

169. (Amendment integrated into c. C-27.1, aa. 938.0.0.1 and 938.0.0.2).

2017, c. 27, s. 169.

170. (Amendment integrated into c. C-27.1, aa. 938.1.2.1 to 938.1.2.5).

2017, c. 27, s. 170.

171. (Amendment integrated into c. C-27.1, a. 938.3.2).

2017, c. 27, s. 171.

172. (Amendment integrated into c. C-27.1, a. 938.3.3).

2017, c. 27, s. 172.

173. (Amendment integrated into c. C-27.1, a. 938.3.4).

2017, c. 27, s. 173.

174. (Amendment integrated into c. C-27.1, aa. 938.3.5 and 938.3.6).

2017, c. 27, s. 174.

Act respecting the Communauté métropolitaine de Montréal

175. (Amendment integrated into c. C-37.01, ss. 112.5 and 112.6).

2017, c. 27, s. 175.

176. (Amendment integrated into c. C-37.01, ss. 113.3 to 113.7).

2017, c. 27, s. 176.

177. (Amendment integrated into c. C-37.01, s. 118.1.1).

2017, c. 27, s. 177.

178. (Amendment integrated into c. C-37.01, s. 118.1.2).

2017, c. 27, s. 178.

179. (Amendment integrated into c. C-37.01, s. 118.1.3).

2017, c. 27, s. 179.

180. (Amendment integrated into c. C-37.01, ss. 118.1.4 and 118.1.5).

2017, c. 27, s. 180.

Act respecting the Communauté métropolitaine de Québec

181. (Amendment integrated into c. C-37.02, ss. 105.5 and 105.6).

2017, c. 27, s. 181.

182. (Amendment integrated into c. C-37.02, ss. 106.3 to 106.7).

2017, c. 27, s. 182.

183. (Amendment integrated into c. C-37.02, s. 111.1.1).

2017, c. 27, s. 183.

184. (Amendment integrated into c. C-37.02, s. 111.1.2).

2017, c. 27, s. 184.

185. (Amendment integrated into c. C-37.02, s. 111.1.3).

2017, c. 27, s. 185.

186. (Amendment integrated into c. C-37.02, ss. 111.1.4 and 111.1.5).

2017, c. 27, s. 186.

Act to facilitate the disclosure of wrongdoings relating to public bodies

187. (Inoperative, 2018, c. 8, s. 163).

2017, c. 27, s. 187.

188. (Amendment integrated into c. D-11.1, s. 6).

2017, c. 27, s. 188.

189. (Inoperative, 2018, c. 8, s. 166).

2017, c. 27, s. 189.

190. (Inoperative, 2018, c. 8, s. 169).

2017, c. 27, s. 190.

191. (Amendment integrated into c. D-11.1, s. 14.1).

2017, c. 27, s. 191.

192. (Amendment integrated into c. D-11.1, s. 17).

2017, c. 27, s. 192.

193. (Amendment integrated into c. D-11.1, s. 32.1).

2017, c. 27, s. 193.

194. (Amendment integrated into c. D-11.1, s. 33).

2017, c. 27, s. 194.

Act respecting elections and referendums in municipalities

195. (Amendment integrated into c. E-2.2, s. 648.1).

2017, c. 27, s. 195.

Act respecting school elections

196. (Amendment integrated into c. E-2.3, s. 223.5).

2017, c. 27, s. 196.

Election Act

197. (Amendment integrated into c. E-3.3, s. 569.1).

2017, c. 27, s. 197.

Act respecting workforce management and control within government departments, public sector bodies and networks and state-owned enterprises

198. (Amendment integrated into c. G-1.011, s. 24).

2017, c. 27, s. 198.

Anti-Corruption Act

199. (Amendment integrated into c. L-6.1, s. 2).

2017, c. 27, s. 199.

200. (Amendment integrated into c. L-6.1, s. 10).

2017, c. 27, s. 200.

Act respecting labour standards

201. (Amendment integrated into c. N-1.1, s. 3.1).

2017, c. 27, s. 201.

202. (Amendment integrated into c. N-1.1, s. 122).

2017, c. 27, s. 202.

203. (Amendment integrated into c. N-1.1, s. 140).

2017, c. 27, s. 203.

Public Protector Act

204. (Amendment integrated into c. P-32, s. 15).

2017, c. 27, s. 204.

Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

205. (Amendment integrated into c. R-8.2, Schedule C).

2017, c. 27, s. 205.

Act respecting the Government and Public Employees Retirement Plan

206. (Amendment integrated into c. R-10, Schedule I).

2017, c. 27, s. 206.

Act respecting the Pension Plan of Management Personnel

207. (Amendment integrated into c. R-12.1, Schedule II).

2017, c. 27, s. 207.

Act respecting labour relations, vocational training and workforce management in the construction industry

208. (Amendment integrated into c. R-20, s. 7.5).

2017, c. 27, s. 208.

Educational Childcare Act

209. (Amendment integrated into c. S-4.1.1, s. 101.21).

2017, c. 27, s. 209.

210. (Amendment integrated into c. S-4.1.1, s. 101.34).

2017, c. 27, s. 210.

211. (Amendment integrated into c. S-4.1.1, s. 117.1).

2017, c. 27, s. 211.

Act respecting mixed enterprise companies in the municipal sector

212. (Amendment integrated into c. S-25.01, s. 41.1).

2017, c. 27, s. 212.

213. (Amendment integrated into c. S-25.01, ss. 41.2 to 41.6).

2017, c. 27, s. 213.

Act respecting public transit authorities

214. (Amendment integrated into c. S-30.01, ss. 101.2 and 101.3).

2017, c. 27, s. 214.

215. (Amendment integrated into c. S-30.01, ss. 103.2.1 to 103.2.5).

2017, c. 27, s. 215.

216. (Amendment integrated into c. S-30.01, s. 108.1.1).

2017, c. 27, s. 216.

217. (Amendment integrated into c. S-30.01, s. 108.1.2).

2017, c. 27, s. 217.

218. (Amendment integrated into c. S-30.01, s. 108.1.3).

2017, c. 27, s. 218.

219. (Amendment integrated into c. S-30.01, ss. 108.1.4 and 108.1.5).

2017, c. 27, s. 219.

Act respecting Northern villages and the Kativik Regional Government

220. (Amendment integrated into c. V-6.1, ss. 204.3.1 and 204.3.2).

2017, c. 27, s. 220.

221. (Amendment integrated into c. V-6.1, ss. 207.0.1 to 207.0.5).

2017, c. 27, s. 221.

222. (Amendment integrated into c. V-6.1, ss. 358.3.1 and 358.3.2).

2017, c. 27, s. 222.

223. (Amendment integrated into c. V-6.1, ss. 358.4.1 to 358.4.5).

2017, c. 27, s. 223.

Integrity in Public Contracts Act

224. (Omitted).

2017, c. 27, s. 224.

225. Section 102 of the Act, amended by section 234 of chapter 15 of the statutes of 2015, is again amended by replacing “, except sections 3, 4, 5 and 9, paragraph 6 of section 13, sections 14 and 16, paragraph 1 of section 18, sections 23, 24, 31 to 39, 43 to 45, 47, 48, 51, 52, 56, 69, 71 to 74, 78, 79, 81 and 82, which come” by “, except section 5, which comes”.

2017, c. 27, s. 225.

Regulation of the Autorité des marchés financiers under an Act respecting contracting by public bodies

226. (Amendment integrated into c. C-65.1, r. 0.1, Title).

2017, c. 27, s. 226.

227. (Amendment integrated into c. C-65.1, r. 0.1, s. 1).

2017, c. 27, s. 227.

228. (Amendment integrated into c. C-65.1, r. 0.1, s. 2).

2017, c. 27, s. 228.

Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

229. (Amendment integrated into c. C-65.1, r. 1.1, ss. 1.1 to 1.12).

2017, c. 27, s. 229.

230. (Amendment integrated into c. C-65.1, r. 1.1, chapter II.1).

2017, c. 27, s. 230.

Regulation respecting certain supply contracts of public bodies

231. (Amendment integrated into c. C-65.1, r. 2, s. 4).

2017, c. 27, s. 231.

232. (Amendment integrated into c. C-65.1, r. 2, s. 9).

2017, c. 27, s. 232.

233. (Amendment integrated into c. C-65.1, r. 2, ss. 9.3 to 9.9).

2017, c. 27, s. 233.

234. (Amendment integrated into c. C-65.1, r. 2, s. 31).

2017, c. 27, s. 234.

235. (Amendment integrated into c. C-65.1, r. 2, s. 39).

2017, c. 27, s. 235.

Regulation respecting certain service contracts of public bodies

236. (Amendment integrated into c. C-65.1, r. 4, s. 4).

2017, c. 27, s. 236.

237. (Amendment integrated into c. C-65.1, r. 4, s. 9).

2017, c. 27, s. 237.

238. (Amendment integrated into c. C-65.1, r. 4, ss. 9.3 to 9.9).

2017, c. 27, s. 238.

239. (Amendment integrated into c. C-65.1, r. 4, s. 43).

2017, c. 27, s. 239.

240. (Amendment integrated into c. C-65.1, r. 4, s. 52).

2017, c. 27, s. 240.

Regulation respecting construction contracts of public bodies

241. (Amendment integrated into c. C-65.1, r. 5, s. 4).

2017, c. 27, s. 241.

242. (Amendment integrated into c. C-65.1, r. 5, s. 9).

2017, c. 27, s. 242.

243. (Amendment integrated into c. C-65.1, r. 5, ss. 12.1 to 12.7).

2017, c. 27, s. 243.

244. (Amendment integrated into c. C-65.1, r. 5, s. 36).

2017, c. 27, s. 244.

245. (Amendment integrated into c. C-65.1, r. 5, s. 42).

2017, c. 27, s. 245.

Regulation respecting contracting by public bodies in the field of information technologies

246. (Amendment integrated into c. C-65.1, r. 5.1, s. 4).

2017, c. 27, s. 246.

247. (Amendment integrated into c. C-65.1, r. 5.1, s. 11).

2017, c. 27, s. 247.

248. (Amendment integrated into c. C-65.1, r. 5.1, ss. 13.1 to 13.7).

2017, c. 27, s. 248.

249. (Amendment integrated into c. C-65.1, r. 5.1, s. 52).

2017, c. 27, s. 249.

250. (Amendment integrated into c. C-65.1, r. 5.1, s. 54).

2017, c. 27, s. 250.

251. (Amendment integrated into c. C-65.1, r. 5.1, s. 73).

2017, c. 27, s. 251.

Regulation respecting the register of enterprises ineligible for public contracts and oversight and monitoring measures

252. (Amendement integrated into c. C-65.1, r. 8.1, Title).

2017, c. 27, s. 252.

253. (Omitted).

2017, c. 27, s. 253.

254. (Amendment integrated into c. C-65.1, r. 8.1, heading of Chapter III).

2017, c. 27, s. 254.

255. (Amendment integrated into c. C-65.1, r. 8.1, s. 6).

2017, c. 27, s. 255.

256. (Amendment integrated into c. C-65.1, r. 8.1, s. 7).

2017, c. 27, s. 256.

OTHER AMENDMENTS

2017, c. 27.

257. The expression “responsable de l’observation des règles contractuelles” is replaced by the expression “responsable de l’application des règles contractuelles”, with the necessary grammatical modifications, wherever it appears in the French text of the following provisions:

(1)  the heading of Chapter V.0.1 and section 21.0.1 of the Act respecting contracting by public bodies (chapter C-65.1);

(2)  section 12.21.4 of the Act respecting the Ministère des Transports (chapter M-28);

(3)  sections 15.4 and 15.6 to 15.8 of the Regulation respecting certain supply contracts of public bodies (chapter C-65.1, r. 2);

(4)  sections 29.3 and 29.5 to 29.7 of the Regulation respecting certain service contracts of public bodies (chapter C-65.1, r. 4);

(5)  sections 18.4 and 18.6 to 18.8 of the Regulation respecting construction contracts of public bodies (chapter C-65.1, r. 5); and

(6)  sections 35 and 37 to 39 of the Regulation respecting contracting by public bodies in the field of information technologies (chapter C-65.1, r. 5.1).

2017, c. 27, s. 257.

CHAPTER XI TRANSITIONAL AND FINAL PROVISIONS

2017, c. 27, c. XI.

DIVISION I AUTORITÉ DES MARCHÉS PUBLICS

2017, c. 27, Div. I.

§ 1 . — Rights and obligations

2017, c. 27, Sd. 1.

258. The responsibilities of the Chair of the Conseil du trésor with respect to the application of Chapter V.1 of the Act respecting contracting by public bodies (chapter C‑65.1) concerning ineligibility for public contracts and the rights and obligations of the Autorité des marchés financiers with respect to the application of Chapter V.2 of that Act concerning prior authorization for a public contract or subcontract become the responsibilities, rights and obligations of the Autorité des marchés publics.

The Autorité des marchés publics becomes, without continuance of suit, party to all proceedings to which were party the Attorney General of Québec with respect to the application of that Chapter V.1 or the Autorité des marchés financiers with respect to that Chapter V.2.

2017, c. 27, s. 258.

259. The Regulation of the Autorité des marchés financiers under an Act respecting contracting by public bodies (chapter C-65.1, r. 0.1) in force on 25 January 2019 is deemed made by the Autorité des marchés publics under section 21.23 of the Act respecting contracting by public bodies and approved by the Conseil du trésor under section 21.43 of that Act.

The Regulation respecting the register of enterprises ineligible for public contracts and oversight and monitoring measures (chapter C-65.1, r. 8.1) in force on 25 January 2019 is deemed made by the Autorité des marchés publics under section 21.8 of the Act respecting contracting by public bodies.

Those regulations continue to apply until they are repealed, replaced or amended in accordance with the law.

2017, c. 27, s. 259.

260. The Fee related to an application for authorization filed by an enterprise with the Autorité des marchés financiers for public contracts and subcontracts (chapter C-65.1, r. 7.2) in force on 25 January 2019 is deemed made by the Autorité des marchés publics and approved by the Government under section 84.

2017, c. 27, s. 260.

261. The processing of applications for rectification submitted to the Chair of the Conseil du trésor under section 21.15 of the Act respecting contracting by public bodies (chapter C-65.1) and that of applications for authorization filed with the Autorité des marchés financiers with respect to the application of Chapter V.2 of that Act that are pending on 24 January 2019 are continued by the Autorité des marchés publics as of 25 January 2019.

2017, c. 27, s. 261.

§ 2 . — Human resources

2017, c. 27, Sd. 2.

262. Subject to the conditions of employment applicable to them and compliance with the minimum hiring requirements prescribed by section 6, the employees of the public contracts and money-services businesses directorate of the Autorité des marchés financiers who, on 24 January 2019, are assigned more specifically to matters related to the application of Chapter V.2 of the Act respecting contracting by public bodies (chapter C-65.1) and five advocates designated by the Autorité des marchés financiers who, at that date, exercise certain functions related to the application of that chapter become, without further formality, employees of the Autorité des marchés publics as of 25 January 2019. They retain the same conditions of employment.

The designation provided for in the first paragraph is made so as to ensure the continuity of activities and the transition required with respect to the application of Chapter V.2 of the Act respecting contracting by public bodies.

2017, c. 27, s. 262.

263. Subject to the conditions of employment applicable to them and to compliance with the minimum hiring requirements prescribed by section 6, the following employees become, without further formality, employees of the Autorité des marchés publics as of 25 January 2019:

(1)  six employees of the Anti-Corruption Commissioner designated by the Commissioner who, on 24 January 2019, may act as investigators under section 14 of the Anti-Corruption Act (chapter L-6.1);

(2)  all the employees of the Ministère des Transports who, on 24 January 2019, hold positions as internal auditors assigned to territorial directorates or as investigators more specifically assigned to contract management-related matters within the Direction des enquêtes et de l’audit interne;

(3)  all the employees of the Ministère des Affaires municipales et de l’Occupation du territoire who, on 24 January 2019, hold positions within the Service de la vérification – équipe Montréal; and

(4)  three employees of the secretariat of the Conseil du trésor designated by the Secretary of the Conseil du trésor who, on 24 January 2019, are more specifically assigned to matters relating to the application of Chapters V.1 and V.2 of the Act respecting contracting by public bodies (chapter C-65.1).

The employees transferred to the Autorité des marchés publics under the first paragraph retain the same conditions of employment.

2017, c. 27, s. 263.

264. An employee transferred to the Autorité des marchés publics under section 263 may apply for a transfer to a position in the public service or enter a promotion selection process in accordance with the Public Service Act (chapter F-3.1.1) if, on the date of transfer to the Authority, he or she was a public servant with permanent tenure.

2017, c. 27, s. 264; 2021, c. 11, ss. 32 and 49.

265. If an employee referred to in section 264 applies for a transfer or enters a promotion selection process, the employee may apply to the Chair of the Conseil du trésor for an assessment of the classification that would be assigned to the employee in the public service. The assessment must take account of the classification that the employee had in the public service on the date of transfer as well as the years of experience and the level of schooling attained while employed by the Authority.

If an employee is transferred under section 264, the deputy minister or chief executive officer whom the employee comes under must assign to the employee a classification compatible with the assessment provided for in the first paragraph.

If an employee is promoted under section 264, the employee must be given a classification on the basis of the criteria set out in the first paragraph.

2017, c. 27, s. 265; 2021, c. 11, s. 49.

266. If some or all of the operations of the Autorité des marchés publics are discontinued or if there is a shortage of work, an employee referred to in section 263 is entitled to be placed on reserve in the public service with the classification the employee had prior to the date on which the employee was transferred.

In such a case, the Chair of the Conseil du trésor determines, if applicable, the employee’s classification on the basis of the criteria set out in the first paragraph of section 265.

2017, c. 27, s. 266.

267. A person referred to in section 263 who, in accordance with the applicable conditions of employment, refuses to be transferred to the Autorité des marchés publics remains assigned to the Authority until the Chair of the Conseil du trésor is able to place the person in accordance with section 100 of the Public Service Act (chapter F-3.1.1).

2017, c. 27, s. 267.

§ 3 . — Registers, documents and miscellaneous measures

2017, c. 27, Sd. 3.

268. The files, records, guides, forms and other documents of the Chair of the Conseil du trésor resulting from the application of Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1) and those of the Autorité des marchés financiers resulting from the application of Chapter V.2 of that Act become files, records, guides, forms and other documents of the Autorité des marchés publics.

2017, c. 27, s. 268.

269. The information assets related to the application of Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1), with all the related rights and obligations, are transferred to the Autorité des marchés publics.

The data held by the Autorité des marchés financiers for the purposes of Chapter V.2 of that Act in its information assets are transferred to the Autorité des marchés publics.

2017, c. 27, s. 269.

270. The expression “Autorité des marchés financiers” is replaced by the expression “Autorité des marchés publics” wherever it appears in the following Acts, regulations and orders:

(1)  The Charter of Ville de Montréal, metropolis of Québec (chapter C‑11.4);

(2)  The Fee related to an application for authorization filed by an enterprise with the Autorité des marchés financiers for public contracts and subcontracts (chapter C-65.1, r. 7.2); and

(3)  any order made for the purposes of Chapter V.2 of the Act respecting contracting by public bodies (chapter C-65.1) and orders made under section 86 of the Integrity in Public Contracts Act (2012, chapter 25).

2017, c. 27, s. 270.

DIVISION II OTHER PROVISIONS

2017, c. 27, Div. II.

271. For the first application of the fifth paragraph of section 4, the Government is deemed to have determined that the members of the selection committee who are not employees of a government department are entitled to

(1)  fees in the amount of $200 per half-day of attendance at meetings; and

(2)  the reimbursement of the expenses incurred in the exercise of their functions in accordance with the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics issued by the Conseil du trésor on 26 March 2013 (French only) and its subsequent amendments.

2017, c. 27, s. 271.

272. For the first application of subparagraph 4 of the first paragraph of section 21, the Government is deemed to have designated the Ministère des Transports.

2017, c. 27, s. 272.

273. The Secretary of the Conseil du trésor must prepare and implement the establishment plan of the Autorité des marchés publics, which must in particular take into account the human, financial, material and information resources transferred to the Autorité des marchés publics under this Act.

2017, c. 27, s. 273.

274. The Secretary of the Conseil du trésor may, on behalf of the Autorité des marchés publics (in this section referred to as “the Authority”) and until the date preceding that on which the president and chief executive officer of the Authority is to take office, enter into any contract the Secretary considers necessary to establish that body and foster the soundness of its activities and operations. For those purposes, the Secretary may make any necessary financial commitment for the amount and the term the Secretary considers appropriate.

However, as regards human resources, the Secretary of the Conseil du trésor may only recruit the members of the Authority’s administrative staff and designate the positions of, and assign the functions to be exercised by, those employees.

Despite section 14, the Authority’s first by-law regarding the adoption of a staffing plan and the procedure for appointing and criteria for selecting the members of the administrative staff is made by the Secretary of the Conseil du trésor.

2017, c. 27, s. 274.

275. Until the coming into force of section 9 of the Act to group the Office Québec/Wallonie-Bruxelles pour la jeunesse, the Office Québec-Amériques pour la jeunesse and the Office Québec-Monde pour la jeunesse (2017, chapter 22), subparagraph 4 of the first paragraph of section 4 of the Act respecting contracting by public bodies (chapter C-65.1) must be read as follows:

“(4)  bodies other than budget-funded bodies listed in Schedule 2 to the Financial Administration Act (chapter A-6.001), even when exercising fiduciary functions, and the Commission de la construction du Québec, the Cree-Québec Forestry Board, the Office franco-québécois pour la jeunesse and the Office Québec/Wallonie- Bruxelles pour la jeunesse;”.

2017, c. 27, s. 275.

276. Until 25 January 2019, the reference to “the Autorité des marchés publics” in the first paragraph of section 21.2.0.0.1 of the Act respecting contracting by public bodies (chapter C-65.1), enacted by section 100, and the reference to “the Authority” in section 27.5 of that Act, as amended by section 141, are to be read as references to the Autorité des marchés financiers.

2017, c. 27, s. 276.

277. Until 25 January 2019, the first paragraph of section 21.44 of the Act respecting contracting by public bodies (chapter C-65.1), enacted by section 128, is to be read as follows:

“21.44. A decision of the Government under the first paragraph of section 21.17 or under section 21.42 comes into force on the 30th day after its publication in the Gazette officielle du Québec or on any later date specified in the decision.”.

2017, c. 27, s. 277.

278. Until (insert the date that is 10 months after the date the first president and chief executive officer of the Autorité des marchés publics takes office), subparagraph 1 of the first paragraph of section 1.11 of the Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies (chapter C-65.1, r. 1.1), enacted by section 229, is to be read as follows:

“(1)  the qualification process must be preceded by a public notice to that effect on the electronic tendering system indicating, with the necessary modifications, such information as that required under subparagraphs 1, 2 and 4 to 6 of the second paragraph of section 1.2 and the period of validity of the list of qualified enterprises or the method used to inform all interested persons of the time as of which that list will no longer be used;”.

2017, c. 27, s. 278.

279. The Government may, by regulation made before 25 July 2020, enact any other transitional or consequential measure required for the carrying out of this Act.

The Government may also, within that same time, modify, by regulation, the deadlines and time periods applicable to complaints filed with public bodies and those filed with the Autorité des marchés publics if it appears that those provided for in Chapter IV or in any of sections 164, 170, 176, 182, 213, 215, 221, 223, 229, 231, 232, 233, 234, 236, 237, 238, 241, 242, 243, 246, 247, 248 and 249 are inadequate.

Despite the time provided for in section 11 of the Regulations Act (chapter R-18.1), a regulation referred to in this section may not be made before the expiry of 30 days after the publication of the draft regulation.

A regulation made under the first paragraph may, if it so provides, have effect from a date not prior to 1 December 2017.

2017, c. 27, s. 279.

280. The publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) does not apply to the terms and conditions determined by the Chair of the Conseil du trésor for the first pilot project authorized under section 24.3 of the Act respecting contracting by public bodies (chapter C-65.1).

2017, c. 27, s. 280.

DIVISION III FINAL PROVISIONS

2017, c. 27, Div. III.

281. This Act may be cited as the “Act respecting the Autorité des marchés publics”.

2017, c. 27, s. 281.

282. The minister who is Chair of the Conseil du trésor is responsible for the administration of this Act.

2017, c. 27, s. 282.

283. The Chair of the Conseil du trésor must, not later than four years after this Act is assented to, and subsequently every three years, report to the Government on the implementation of this Act and on the advisability of maintaining or amending it.

The report is tabled in the National Assembly by the Chair of the Conseil du trésor within 30 days or, if the Assembly is not sitting, within 30 days of resumption.

The report must be referred to the competent parliamentary committee for consideration within 15 days after its tabling in the National Assembly.

2017, c. 27, s. 283.

284. Sections 24, 78 and 79 of the Integrity in Public Contracts Act (2012, chapter 25) come into force on 25 January 2019.

2017, c. 27, s. 284.

285. Sections 167, 173, 179, 185 and 218 have effect from 10 June 2016.

2017, c. 27, s. 285.

286. (Omitted).

2017, c. 27, s. 286.

SCHEDULE 1

(Section 4)

The selection committee formed under section 4 to evaluate candidates for the office of president and chief executive officer of the Authority must consider the following criteria:

(1) with respect to the required experience:

(a) experience as a manager and the relevance of that experience to the functions of the president and chief executive officer of the Authority; and

(b) experience in contract management, complaint processing and administrative investigation and audit;

(2) with respect to the required qualifications:

(a) sense of public service, ethics and fairness;

(b) ability to develop a strategic vision;

(c) political sense;

(d) judgment and decisiveness;

(e) ability to adapt to a complex and changing environment; and

(f) ability to communicate and mobilize working teams; and

(3) with respect to the required knowledge:

(a) knowledge of the normative framework governing public bodies’ contract management; and

(b) knowledge of the public administration and its workings.

2017, c. 27, Schedule 1.