C-7.01 - Act respecting the Centre d’acquisitions gouvernementales

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chapter C-7.01
Act respecting the Centre d’acquisitions gouvernementales
CENTRE D’ACQUISITIONS GOUVERNEMENTALESFebruary 21 2020June 1 2020
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
CHAPTER I
ESTABLISHMENT
2020, c. 2, s. 12020, c. 2, s. 1.
1. The Centre d’acquisitions gouvernementales is established.
The Centre is a legal person and a mandatary of the State.
The Centre may choose, following the approval of the Chair of the Conseil du trésor, to refer to itself by another name or by an acronym by sending a copy of a decision to that effect to the enterprise registrar; at the same time, it posts the decision on its website.
2020, c. 22020, c. 2, s. 1.
2. The Centre’s property forms part of the domain of the State, but the performance of its obligations may be levied against its property.
The Centre binds none but itself when it acts in its own name.
2020, c. 22020, c. 2, s. 1.
3. The Centre’s head office is in the national capital at the place it determines.
The Centre publishes a notice of the location and of any change in location of its head office in the Gazette officielle du Québec and, at the same time, posts it on its website.
2020, c. 22020, c. 2, s. 1.
CHAPTER II
MISSION AND RESPONSIBILITIES
2020, c. 2, s. 12020, c. 2, s. 1.
DIVISION I
MISSION
2020, c. 2, s. 12020, c. 2, s. 1.
4. The Centre’s mission is to provide to public bodies the goods and services they require in the exercise of their functions, with a view to optimizing government procurement in compliance with the applicable contract rules.
For the purposes of this Act, public bodies are
(1)  bodies within the meaning of section 4 of the Act respecting contracting by public bodies (chapter C-65.1), except those determined by the Government; and
(2)  any other entity designated by the Government.
2020, c. 22020, c. 2, s. 1.
5. The Centre must, more specifically,
(1)  acquire goods and services on behalf of public bodies, by making groups or carrying out mandates; in this Act, such acquisition is called government procurement ;
(2)  manage such procurement, taking into account the instructions issued to it by the Chair of the Conseil du trésor regarding government procurement;
(3)  establish and update, in collaboration with the public bodies it serves and taking into account the instructions it receives from the Chair of the Conseil du trésor, the planning of the government goods and services procurement entrusted to it;
(4)  enlist the participation of the public bodies and other partners with the knowledge and skills required to carry out government procurement projects;
(5)  produce management information on the terms and conditions determined by the Chair of the Conseil du trésor, including with regard to the use of resources allocated for government procurement under its responsibility; and
(6)  carry out any other related mandate the Government or the Chair of the Conseil du trésor entrusts to it.
The Minister of Health and Social Services and the minister responsible for education and higher education may also exercise, with regard to the bodies under their respective responsibility, the power provided for in subparagraph 5 of the first paragraph.
The Chair of the Conseil du trésor publishes on the Conseil du trésor’s website, within a reasonable time, the instructions referred to in subparagraphs 2 and 3 of the first paragraph.
2020, c. 22020, c. 2, s. 1.
6. A public body must, for the purpose of ensuring that a government procurement project meets its needs, determine those needs and communicate them to the Centre.
The Centre must consult the public bodies covered by such a project when meeting specific needs other than those concerning a commodity. In addition, the Centre may consult any person or entity whose expertise it considers necessary, including an outside expert.
The consultation pertains to any purpose or stage of the project, in particular to the preparation of tender documents or to the testing of the good under conditions of use.
To that end, the Centre establishes an advisory committee composed of user members from a network or networks concerned and identified by the Centre. A user member is a person who uses a good or service covered by the government procurement project.
For the purposes of this section, commodity means a good or service identified as such in an order made in accordance with section 9.
2020, c. 22020, c. 2, s. 1.
7. The Centre gives its opinion on any matter within its jurisdiction submitted to it by the Chair of the Conseil du trésor or the Government, and attaches to it any recommendations the Centre considers appropriate.
2020, c. 22020, c. 2, s. 1.
DIVISION II
GOVERNMENT PROCUREMENT
2020, c. 2, s. 12020, c. 2, s. 1.
8. The Centre must establish a plan for government procurement under its responsibility that takes into account the needs of public bodies.
The government procurement plan must be sent to the Conseil du trésor.
The Chair of the Conseil du trésor determines the information the plan must include, the period it covers, the time limit for sending it to the Conseil du trésor, its form, and the schedule for any revisions of it.
2020, c. 22020, c. 2, s. 1.
9. Subject to any incompatible provision, public bodies must exclusively use the Centre to obtain a good or service determined by order of the Chair of the Conseil du trésor, the Minister of Health and Social Services or the minister responsible for education and higher education; in the case of the latter two ministers, such an order applies solely to bodies under their respective responsibility.
The order may set out categories of goods or services. It may concern one or more public bodies. It may indicate the cases and circumstances related to the obligation to use the Centre’s services.
In case of incompatibility between an order made by the Chair of the Conseil du trésor and an order made by the Minister of Health and Social Services or the minister responsible for education and higher education concerning the same object, the order made by the Chair of the Conseil du trésor prevails.
2020, c. 22020, c. 2, s. 1.
10. The Centre must inform the Chair of the Conseil du trésor if a public body refuses or fails to use the Centre to obtain a good or service covered by an order made in accordance with section 9. It must also inform the minister responsible for such a body.
Where a minister responsible is so informed, the minister must inform the chief executive officer of the body in writing and may request that measures to rectify the situation be, within the time the minister specifies, prepared and submitted for the minister’s approval, with or without amendment. Where such measures are not complied with or implemented in a diligent manner, the minister may require the body to take corrective measures, conduct the appropriate follow-up and comply with any other penalty determined by the minister, including oversight and support measures. In such cases, all or part of the amount intended for such a body may be withheld or cancelled by the minister responsible.
2020, c. 22020, c. 2, s. 1.
11. The Chair of the Conseil du trésor may determine joint procurement targets applicable to a public body, in particular to promote its voluntary participation in such procurement.
2020, c. 22020, c. 2, s. 1.
12. The Centre has all the powers necessary to enter into a contract for a public body and at the latter’s expense.
2020, c. 22020, c. 2, s. 1.
13. The Centre assumes the management operations arising from any litigation for or against the Centre or a public body concerning procurement of a good or service by the Centre for that public body.
2020, c. 22020, c. 2, s. 1.
14. When a public body uses the Centre to obtain a good or service, the Centre is exonerated of all liability for any injury that may result from its intervention, unless such injury is due to an intentional or gross fault on the part of the Centre.
The first paragraph does not apply with respect to the Centre’s intervention in the context of a tendering process for a public contract.
2020, c. 22020, c. 2, s. 1.
15. The Chair of the Conseil du trésor may, if he or she considers it necessary, issue directives to the Centre regarding government procurement. The Chair may do likewise in the case of public bodies regarding the same subject.
The Minister of Health and Social Services and the minister responsible for education and higher education may, in the same manner, issue directives regarding the same subject to public bodies under their responsibility.
Such directives are binding on the Centre and the public bodies concerned.
In case of incompatibility between a directive issued by the Chair of the Conseil du trésor and a directive issued by the Minister of Health and Social Services or the minister responsible for education and higher education concerning the same object, the directive issued by the Chair of the Conseil du trésor prevails.
2020, c. 22020, c. 2, s. 1.
16. The Conseil du trésor may authorize a public body to obtain a good or service on conditions that differ from those set out in this Act and determine the conditions applicable in such a case.
The authorization provided for in the first paragraph is not required
(1)  if such a body obtains a good or service at a cost that does not involve using public funds; or
(2)  if such a body enters into a contract by mutual agreement because there is an emergency that threatens human safety or property, in accordance with subparagraph 1 of the first paragraph of section 13 of the Act respecting contracting by public bodies (chapter C-65.1), and because it is therefore able to provide reasons based on events that could not be anticipated. The chief executive officer of the body must, however, so inform the Chair of the Conseil du trésor and include a summary description of the circumstances or reasons considered.
2020, c. 22020, c. 2, s. 1.
DIVISION III
OTHER RESPONSIBILITIES
2020, c. 2, s. 12020, c. 2, s. 1.
17. Subject to any incompatible provision, the Centre may provide disposal services for property no longer needed by public bodies.
2020, c. 22020, c. 2, s. 1.
18. The Centre may provide goods and services to any other person or entity.
The application of the first paragraph may not reduce or otherwise restrict delivery of the services the Centre must provide to public bodies, which must always be given priority.
2020, c. 22020, c. 2, s. 1.
CHAPTER III
OPERATION
2020, c. 2, s. 12020, c. 2, s. 1.
19. The Centre’s affairs are administered by a president and chief executive officer appointed by the Government from among the persons who have been declared qualified to hold that office by the selection committee composed of the Secretary of the Conseil du trésor, the Deputy Minister of the Ministère de la Santé et des Services sociaux and the Deputy Minister of the Ministère de l’Éducation et de l’Enseignement supérieur or their representative.
The Chair of the Conseil du trésor publishes a notice inviting interested persons to apply, in accordance with the procedure the Chair determines.
The selection committee promptly evaluates the candidates on the basis of their knowledge, particularly regarding procurement, their experience and their qualifications. 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.
The committee members are entitled to reimbursement of their expenses to the extent determined by the Government.
The Government determines the president and chief executive officer’s remuneration, employee benefits and other conditions of employment.
The president and chief executive officer is appointed for a term of up to five years. At the end of the term, the president and chief executive officer remains in office until replaced or reappointed.
2020, c. 22020, c. 2, s. 1.
20. The president and chief executive officer is responsible for the administration and direction of the Centre. The office of president and chief executive officer is a full-time position.
2020, c. 22020, c. 2, s. 1.
21. The Government may, on the recommendation of the Chair of the Conseil du trésor, appoint the number of vice-presidents it determines to assist the president and chief executive officer. The Government determines their remuneration, employee benefits and other conditions of employment.
The office of vice-president is a full-time position. Each vice-president is appointed for a term of up to four years and remains in office until replaced or reappointed.
2020, c. 22020, c. 2, s. 1.
22. The president and chief executive officer designates a vice-president to replace him or her when he or she is absent or unable to act.
2020, c. 22020, c. 2, s. 1.
23. The Centre may make by-laws for its internal management.
2020, c. 22020, c. 2, s. 1.
24. The Centre’s documents, if certified true by the president and chief executive officer, a vice-president, the secretary or any other person authorized by the Centre for that purpose, are authentic. The same applies to copies emanating from the Centre or forming part of its records if they have been so certified.
2020, c. 22020, c. 2, s. 1.
25. No document is binding on the Centre or may be attributed to it unless it is signed by the president and chief executive officer, a vice-president, the secretary or, to the extent determined in the Centre’s by-laws, a member of the Centre’s personnel.
The rules governing the delegation of signing authority may provide for subdelegation and how it is to be exercised.
2020, c. 22020, c. 2, s. 1.
26. The Centre may, subject to the conditions and on the documents it determines by by-law, allow a required signature to be affixed by any information technology-based process.
2020, c. 22020, c. 2, s. 1.
27. A governance committee is established within the Centre. The committee is composed of the following members:
(1)  the Secretary of the Conseil du trésor;
(2)  the Deputy Minister of the Ministère de la Santé et des Services sociaux;
(3)  the Deputy Minister of the Ministère de l’Éducation et de l’Enseignement supérieur; and
(4)  two independent members appointed by the Government. At the expiry of their term, those members remain in office until replaced or reappointed.
A member is independent if, in the opinion of the Chair of the Conseil du trésor, the member qualifies as an independent director within the meaning of section 4 of the Act respecting the governance of state-owned enterprises (chapter G-1.02). Sections 5 to 8 and 25 of that Act apply, with the necessary modifications.
The Secretary of the Conseil du trésor is the chair of the committee.
The members of the governance committee receive no remuneration. They are, however, entitled to reimbursement of the expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.
2020, c. 22020, c. 2, s. 1.
28. The functions of the governance committee include
(1)  ensuring that the Centre carries out the government procurement projects in compliance with ministerial or government policy directions and in keeping with the principle of transparency;
(2)  seeing to it that the consultation processes provided for in this Act are put in place;
(3)  seeing to it that measures are put in place to create an environment conducive to mobilizing and retaining human resources, including measures for the development and optimal management of in-house expertise;
(4)  ensuring that the Centre maintains effective governance, taking into account best practices and innovative approaches with respect to governance;
(5)  seeing to it that the Centre adopts a code of ethics, subject to the provisions of a regulation made under sections 3.0.1 and 3.0.2 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) and to the provisions of the Public Service Act (chapter F-3.1.1);
(6)  examining any activity that could be detrimental to good governance of the Centre;
(7)  giving the Chair of the Conseil du trésor, at the latter’s request, its opinion on any subject or making recommendations to the Chair; and
(8)  carrying out any other mandate the Chair of the Conseil du trésor entrusts to it.
2020, c. 22020, c. 2, s. 1.
29. The governance committee meets at least once every three months and more often if necessary, at the request of its chair or a majority of the members.
The committee may hold its meetings anywhere in Québec.
2020, c. 22020, c. 2, s. 1.
30. An audit committee is established within the Centre. The committee is composed of three independent members appointed by the Chair of the Conseil du trésor, after consultation with the Minister of Health and Social Services and the minister responsible for education and higher education. On the expiry of their term, such members remain in office until replaced or reappointed.
The members of the audit committee must, as a group, have the appropriate expertise and experience, in particular expertise in accounting and law.
A member is independent if, in the opinion of the Chair of the Conseil du trésor, the member qualifies as an independent director within the meaning of section 4 of the Act respecting the governance of state-owned enterprises (chapter G-1.02).
The members of the audit committee receive no remuneration. They are, however, entitled to reimbursement of the expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.
Sections 5 to 8 and 25 of the Act respecting the governance of state-owned enterprises apply, with the necessary modifications.
2020, c. 22020, c. 2, s. 1.
31. The functions of the audit committee include
(1)  seeing to it that the processes for consulting the stakeholders are implemented efficiently and properly;
(2)  ensuring that a plan for the optimal use of the Centre’s resources is put in place, and following up on that plan;
(3)  seeing to it that internal control mechanisms regarding operations and management practices are put in place and ensuring they are appropriate and effective;
(4)  ensuring that a risk management process is put in place;
(5)  reviewing any activity that could be detrimental to the Centre’s financial health;
(6)  seeing to it that the Centre applies its code of ethics;
(7)  ensuring that the Centre’s decisions or, more generally, its activities comply with the applicable laws, policies and directives; and
(8)  ensuring that the report referred to in section 42 and, if applicable, the report referred to in section 44 on financial matters contain the information required by the Chair of the Conseil du trésor.
2020, c. 22020, c. 2, s. 1.
32. The audit committee meets at least twice a year and more often if necessary.
The committee may hold its meetings anywhere in Québec.
2020, c. 22020, c. 2, s. 1.
33. The governance committee and the audit committee may, in the exercise of their functions, require that any document or information used by the Centre be communicated to them.
The officers, employees and mandataries of the Centre must, on request, communicate those documents or that information to, and facilitate their examination by, the committees.
2020, c. 22020, c. 2, s. 1.
34. The governance committee is under the authority of the Chair of the Conseil du trésor and the audit committee is under the authority of the governance committee.
The committees must inform their respective authorities and the Chair of the Conseil du trésor in writing on discovering non-compliant operations or practices.
2020, c. 22020, c. 2, s. 1.
35. The members of the Centre’s personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1).
2020, c. 22020, c. 2, s. 1.
CHAPTER IV
FINANCIAL PROVISIONS
2020, c. 2, s. 12020, c. 2, s. 1.
36. The Centre determines by regulation 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 goods or services provided or the clientele served.
The above forms of remuneration require the approval of the Conseil du trésor.
2020, c. 22020, c. 2, s. 1.
37. The Government may, on the conditions and according to the terms it determines,
(1)  guarantee payment of the principal of and interest on any loan contracted by the Centre and the performance of any of its obligations; and
(2)  authorize the Minister of Finance to advance to the Centre any amount considered necessary to meet its obligations or pursue its mission.
The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.
2020, c. 22020, c. 2, s. 1.
38. The Centre may not, without the Government’s authorization,
(1)  contract a loan that causes the total 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 determined by the Government;
(3)  acquire or transfer assets in excess of the limits or in contravention of the terms determined by the Government; or
(4)  accept a gift or legacy to which a charge or condition is attached.
2020, c. 22020, c. 2, s. 1.
39. The sums received by the Centre must be allocated to the payment of its obligations. The Centre retains any surpluses, unless the Government decides otherwise.
2020, c. 22020, c. 2, s. 1.
CHAPTER V
ACCOUNTS AND REPORTS
2020, c. 2, s. 12020, c. 2, s. 1.
40. The Centre’s fiscal year ends on 31 March.
2020, c. 22020, c. 2, s. 1.
41. Each year, the Centre submits its budgetary estimates for the following fiscal year to the Chair of the Conseil du trésor, in accordance with the form, content and schedule determined by the latter.
The estimates require the approval of the Government.
2020, c. 22020, c. 2, s. 1.
42. Not later than 30 September each year, the Centre must file its financial statements and a report on its activities for the preceding fiscal year with the Chair of the Conseil du trésor. The Centre must send a copy of these documents to the Minister of Health and Social Services and to the minister responsible for education and higher education.
The financial statements and report must include all the information required by the Chair of the Conseil du trésor, after consultation with the Minister of Health and Social Services and the minister responsible for education and higher education.
The Chair of the Conseil du trésor tables the Centre’s financial statements in the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 15 days of resumption.
2020, c. 22020, c. 2, s. 1.
43. The Auditor General audits the Centre’s books and accounts each year and whenever so ordered by the Government.
The Auditor General’s report must be submitted with the Centre’s financial statements and activity report.
2020, c. 22020, c. 2, s. 1.
44. The Centre sends the Chair of the Conseil du trésor any information or any other report required by the Chair concerning the Centre’s activities.
2020, c. 22020, c. 2, s. 1.
45. Chapter II of the Public Administration Act (chapter A-6.01) applies to the Centre as if it were a body designated under the second paragraph of section 5 of that Act.
2020, c. 22020, c. 2, s. 1.
CHAPTER VI
AUDIT
2020, c. 2, s. 12020, c. 2, s. 1.
46. The Chair of the Conseil du trésor may, if he or she considers it advisable, conduct an audit to verify whether the Centre is complying with the provisions of this Act. The audit may verify, among other things, whether a public body’s actions are in compliance with this Act and with the directives issued under it to which such a body is subject.
The Chair of the Conseil du trésor may designate a person in writing to conduct the audit.
2020, c. 22020, c. 2, s. 1.
47. The Centre or the public body being audited under this chapter must, at the request of the Chair of the Conseil du trésor or the person designated to conduct the audit, send or otherwise make available to the Chair or the designated person all documents and information the Chair or designated person considers necessary to conduct the audit.
2020, c. 22020, c. 2, s. 1.
48. The Chair of the Conseil du trésor presents any recommendations he or she considers appropriate to the Conseil du trésor. The Chair may then require the Centre or the public body concerned to take corrective measures, conduct any appropriate follow-up and comply with any other measure determined by the Conseil du trésor, including oversight or support measures.
2020, c. 22020, c. 2, s. 1.
CHAPTER VII
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
2020, c. 2, s. 12020, c. 2, s. 1.
DIVISION I
RIGHTS AND OBLIGATIONS
2020, c. 2, s. 12020, c. 2, s. 1.
49. The Centre replaces the Centre de services partagés du Québec with respect to the functions entrusted to it by this Act; it acquires the latter’s rights and assumes its obligations.
The assets and liabilities of the Centre de services partagés du Québec with respect to the functions entrusted to the Centre by this Act are identified by the Chair of the Conseil du trésor and transferred to the Centre according to the value and on the conditions determined by the Government.
2020, c. 22020, c. 2, s. 1.
50. The Centre replaces the following joint procurement groups recognized by the Minister of Health and Social Services in accordance with section 435.2 of the Act respecting health services and social services (chapter S-4.2):
(1)  Groupe d’approvisionnement en commun de l’Est du Québec, constituted by letters patent of amalgamation deposited in the enterprise register on 3 April 2012 under business number 1168143635; and
(2)  Groupe d’approvisionnement en commun de l’Ouest du Québec, constituted by letters patent of amalgamation deposited in the enterprise register on 30 June 2014 under business number 1170179726.
The Centre acquires the rights and assumes the obligations of the above groups.
2020, c. 22020, c. 2, s. 1.
51. The Centre succeeds to the rights and obligations of the joint procurement group SigmaSanté, recognized by the Minister of Health and Social Services in accordance with section 435.2 of the Act respecting health services and social services (chapter S-4.2) and constituted by letters patent deposited in the enterprise register on 26 May 1994 under business number 1140477762, for the continuance of its goods and services procurement contracts identified by the Chair of the Conseil du trésor. The Centre also acquires the assets and liabilities of SigmaSanté that are related to goods and services procurement and identified by the Chair of the Conseil du trésor; the Government determines the value and conditions relating to the transfer.
2020, c. 22020, c. 2, s. 1.
52. The joint procurement groups referred to in section 50 are dissolved. The Chair of the Conseil du trésor sends a notice to that effect to the enterprise registrar, who deposits it in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1). Any remaining assets devolve to the Chair of the Conseil du trésor, except those identified by the Chair of the Conseil du trésor.
2020, c. 22020, c. 2, s. 1.
53. The Centre succeeds to the rights and obligations of Collecto Services regroupés en éducation, constituted by letters patent deposited in the enterprise register on 13 June 1997 under business number 1146879888, for the continuance of its goods and services procurement contracts identified by the Chair of the Conseil du trésor.
2020, c. 22020, c. 2, s. 1.
DIVISION II
HUMAN RESOURCES
2020, c. 2, s. 12020, c. 2, s. 1.
54. Employees of the Centre de services partagés du Québec who are assigned to functions related to those entrusted to the Centre by this Act and are identified by the Chair of the Conseil du trésor not later than 31 August 2020 become without further formality employees of the Centre.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
55. Employees of Groupe d’approvisionnement en commun de l’Est du Québec and of Groupe d’approvisionnement en commun de l’Ouest du Québec become without further formality employees of the Centre.
The same applies to employees of Collecto Services regroupés en éducation, employees seconded to Collecto Services regroupés en éducation, provided their home organization is an education network body, and employees of SigmaSanté who are assigned to functions related to those entrusted to the Centre by this Act and are identified by the Chair of the Conseil du trésor not later than 31 August 2020.
The above employees are deemed to have been appointed in accordance with the Public Service Act (chapter F-3.1.1). In the case of employees hired for a limited period of time, such a presumption applies only for the unexpired portion of their contract.
The Conseil du trésor determines their remuneration, classification and any other condition of employment applicable to them.
For the purposes of this section, an education network body is a school board, a general and vocational college, the Fédération des cégeps, the Fédération des commissions scolaires du Québec or any other entity designated by the Chair of the Conseil du trésor.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
DIVISION III
DOCUMENTS AND MISCELLANEOUS MEASURES
2020, c. 2, s. 12020, c. 2, s. 1.
56. Records, archives and other documents of the Centre de services partagés du Québec, Collecto Services regroupés en éducation, Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec and SigmaSanté that are related to the functions entrusted to the Centre by this Act become the latter’s records, archives and documents.
2020, c. 22020, c. 2, s. 1.
57. The Centre becomes, without continuance of suit, a party to all proceedings to which the Centre de services partagés du Québec, Collecto Services regroupés en éducation, Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec or SigmaSanté was a party, with respect to the functions entrusted to the Centre by this Act.
2020, c. 22020, c. 2, s. 1.
58. Until 21 February 2021 or, if it is earlier, the date of coming into force of an order made in accordance with section 9 that provides otherwise, the Centre provides, without interruption, the goods and services that, on 31 August 2020, were provided by the Centre de services partagés du Québec, Collecto Services regroupés en éducation, Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec or SigmaSanté, as applicable, but only if the goods and services to be obtained are related to the functions entrusted to the Centre by this Act.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
59. Tariffs and other forms of remuneration applicable to public bodies for goods and services provided by the Centre de services partagés du Québec and in force on 31 August 2020, continue to apply regarding the Centre until the date of coming into force of the first regulation made by the Centre in accordance with section 36.
The same applies, with the necessary modifications, to the tariffs and other forms of remuneration of Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec and SigmaSanté in force on that date for the public bodies concerned.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
60. Persons and bodies other than the public bodies that, on 31 August 2020, were served by, as applicable, Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec or SigmaSanté regarding goods and services procurement continue to be served in the same manner by the Centre until 21 February 2021, with no obligation on the part of such persons and bodies to use the Centre’s services.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
61. Calls for tenders published on 31 August 2020 in the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1), under the responsibility of the Centre de services partagés du Québec, Collecto Services regroupés en éducation, Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec and SigmaSanté, related to the functions entrusted to the Centre by this Act and possibly involving persons or bodies referred to in section 60, are continued under the Centre’s responsibility, without interruption.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
62. Despite any incompatible provision, an amendment to the constituting act of Groupe d’approvisionnement en commun de l’Est du Québec, Groupe d’approvisionnement en commun de l’Ouest du Québec or SigmaSanté after 17 September 2019 is without effect.
Despite the first paragraph, an amendment must be made to the constituting act of SigmaSanté after that date in order to give full effect to the application of this Act.
2020, c. 22020, c. 2, s. 1.
63. Unless the context indicates otherwise or this Act provides otherwise, in any Act or any other document
(1)  a reference to the Centre de services partagés du Québec or to the director general of purchasing referred to in the Act respecting the Service des achats du gouvernement (chapter S-4) is a reference to the Centre d’acquisitions gouvernementales, with respect to the functions entrusted to the latter by this Act; and
(2)  a reference to the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1) or any of its provisions is a reference to this Act or the corresponding provision of this Act, with respect to the functions entrusted to the Centre d’acquisitions gouvernementales by this Act.
2020, c. 22020, c. 2, s. 1.
64. The Secretary of the Conseil du trésor may, until the date preceding the date the Centre’s first president and chief executive officer takes office, enter into any contract he or she considers necessary to ensure the establishment of the Centre and promote the smooth conduct of its activities and operations. For those purposes, the Secretary may make any necessary financial commitment in the amount and for the duration he or she considers appropriate.
2020, c. 22020, c. 2, s. 1.
CHAPTER VIII
FINAL PROVISIONS
2020, c. 2, s. 12020, c. 2, s. 1.
65. The Chair of the Conseil du trésor must, not later than 1 September 2025 and subsequently every five years, submit a report to the Government on the carrying out of this Act.
The report must include recommendations concerning the Centre’s activities and an assessment of the Centre’s efficiency and performance, including benchmarking measures.
The report is tabled in the National Assembly within 30 days or, if the National Assembly is not sitting, within 15 days of resumption.
2020, c. 22020, c. 2, s. 1; I.N. 2020-06-14.
66. The Chair of the Conseil du trésor is responsible for the administration of this Act.
2020, c. 22020, c. 2, s. 1.