C-65.1 - Act respecting contracting by public bodies

Section 21.5 Disposition versions

2022-06-02

21.5. Despite section 21.4, a final judgment referred to in subparagraph 1 or 2 of the first paragraph of that section does not cause an enterprise to become ineligible for public contracts if the offence that led to the finding of guilty was previously considered by the Authority in the course of an examination of the enterprise’s integrity carried out under Division IV and following which the Authority rendered a decision.

The same applies in the case of a final judgment rendered in respect of an enterprise whose integrity is being examined by the Authority under Division III or IV. However, if the examination of integrity is not concluded because the application for authorization to contract that gave rise to the examination is withdrawn or cancelled, only the effect of the judgement, in respect of the ineligibility of the enterprise for public contracts, is suspended.

2011, c. 17, s. 49; 2011, c. 35, s. 52; 2017, c. 27, s. 106; 2022, c. 18, s. 10.

2017-12-01

21.5. (Repealed).

2011, c. 17, s. 49; 2011, c. 35, s. 52; 2017, c. 27, s. 106.

2012-06-01

21.5. Despite section 21.4.1, a public body or a body described in section 7 may, with the authorization of the minister responsible, enter into a contract with a contractor who is ineligible for public contracts under section 21.1, 21.2, 21.2.1 or 21.4 if the public body or body finds itself in one of the situations described in subparagraphs 2 to 4 of the first paragraph of section 13, provided the contractor agrees to the implementation, at the contractor’s expense, of oversight and monitoring measures determined by regulation.

As well, if a public body or a body described in section 7 finds itself in a situation described in subparagraph 1 of the first paragraph of section 13, it may enter into a contract with a contractor who is ineligible for public contracts under section 21.1, 21.2, 21.2.1 or 21.4, provided it obtains the authorization of the chief executive officer of the public body or body, who must inform the minister responsible within 30 days after granting the authorization.

2011, c. 17, s. 49; 2011, c. 35, s. 52.

Until their repeal comes into force, sections 21.3 and 21.5 are respectively replaced by sections 21.19 and 21.20 of that Act, with the necessary modifications. (S.Q. 2012, c. 25, s. 93)