R-2.2.0.0.3 - Act to ensure mainly the recovery of amounts improperly paid as a result of fraud or fraudulent tactics in connection with public contracts

Section 16 Disposition versions

2017-12-15

16. An action to repair injury caused after 15 December 1997 to a public body by fraud or fraudulent tactics in the course of the tendering, awarding or management of a public contract may not, if in progress on 15 December 2017 or instituted within five years after that date, be dismissed on the grounds that the right is prescribed.

Any such actions dismissed on those grounds before 15 December 2017 may be instituted again within five years after that date.

In addition, during a proceeding, no measure necessary or useful to preserve the public body’s rights, including an unenforceability action, may be dismissed on the grounds that the right is prescribed or extinguished.

In such cases, this Act has the retroactive effect necessary to ensure its application.

2015, c. 6, s. 16.

Not in force

Not in force

16. An action to repair injury caused after (insert the date that is 20 years before the date of coming into force of Chapter III) to a public body by fraud or fraudulent tactics in the course of the tendering, awarding or management of a public contract may not, if in progress on (insert the date of coming into force of Chapter III) or instituted within five years after that date, be dismissed on the grounds that the right is prescribed.

Any such actions dismissed on those grounds before (insert the date of coming into force of Chapter III) may be instituted again within five years after that date.

In addition, during a proceeding, no measure necessary or useful to preserve the public body’s rights, including an unenforceability action, may be dismissed on the grounds that the right is prescribed or extinguished.

In such cases, this Act has the retroactive effect necessary to ensure its application.

2015, c. 6, s. 16.