92.4. A transit authority may unite, by mutual agreement and gratuitously, with a public body subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a person or body considered a public body under that Act, a non-profit organization, a telecommunications company, an enterprise that transports, distributes or sells gas, water or electricity, or the owner of a mobile home park, in order to perform work.
The union provided for in the first paragraph may concern all or part of the acts to be performed in connection with an eventual contract for the performance of work.
The transit authority shall make sure that any contract with a third party resulting from the union complies with sections 92.1 to 108.2. However, if a municipality is a party to the union, the transit authority shall make sure that the contract complies with sections 477.4 and 573 to 573.3.4 of the Cities and Towns Act (chapter C-19).
The parties to the union shall determine the terms governing it. The terms shall specify which of the by-laws on contract management is to apply, which council is responsible for the performance assessment process, which delegatee is to establish the selection committee, and any other term that would allow the adapted application of sections 92.1 to 108.2 or of sections 573 to 573.3.4 of the Cities and Towns Act, as applicable. Those sections have precedence over any incompatible term determined under this paragraph. Furthermore, the total amount of expenditures of all the parties to the union is to be considered for the application of those sections and section 92.1 or of section 477.4 of the Cities and Towns Act, as applicable.
This section applies despite the Municipal Aid Prohibition Act (chapter I-15).
This section does not prevent a transit authority from giving a mandate to or receiving a mandate from a body or person referred to in this section, in compliance with sections 92.1 to 108.2 and in keeping with the jurisdictions and powers of each.
In addition, a transit authority may, gratuitously, give a mandate to a public body referred to in the Act respecting Access to documents held by public bodies and the Protection of personal information or a person or body considered a public body under that Act, or a non-profit organization, in order to obtain supplies or services or to perform work. A transit authority may receive such a mandate, gratuitously, from such a body or person where the transit authority intends to obtain supplies or the same services or to perform similar work.
2010, c. 1, s. 54; 2010, c. 18, s. 88; 2019, c. 28, s. 1431.