S-30.1 - Act respecting municipal and intermunicipal transit authorities

Section 40 Disposition versions

1999-10-22

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than, subject to the second paragraph, professional services may be awarded by the transit authority except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

In the case of a construction, supply or services contract involving an expenditure of $100 000 or more, the call for public tenders must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the transit authority and in a newspaper that is circulated in the territory of the transit authority or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The time limit for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the transit authority will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender and subject to section 41.0.1, the transit authority shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time limit. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time limit, the transit authority may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time limit.

If there is only one tenderer, the transit authority shall not award such contract without the approval of the Minister.

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph, is not a supply contract or a services contract for the purposes of the second paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first paragraph.

1977, c. 64, s. 40; 1995, c. 34, s. 69; 1995, c. 71, s. 83; 1997, c. 53, s. 36; 1997, c. 93, s. 111; 1997, c. 53, s. 36; 1998, c. 31, s. 81; 1999, c. 40, s. 91.

1998-07-01

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than, subject to the second paragraph, professional services may be awarded by the corporation except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

In the case of a construction, supply or services contract involving an expenditure of $100 000 or more, the call for public tenders must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the corporation and in a newspaper that is circulated in the territory of the corporation or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The delay for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the corporation will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender and subject to section 41.0.1, the corporation shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the corporation shall not award such contract without the approval of the Minister.

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph, is not a supply contract or a services contract for the purposes of the second paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first paragraph.

1977, c. 64, s. 40; 1995, c. 34, s. 69; 1995, c. 71, s. 83; 1997, c. 53, s. 36; 1997, c. 93, s. 111; 1997, c. 53, s. 36; 1998, c. 31, s. 81.

1997-12-19

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than, subject to the second paragraph, professional services may be awarded by the corporation except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

In the case of a construction, supply or services contract involving an expenditure of $100 000 or more, the call for public tenders must be published either in a daily newspaper circulated mainly in Québec or by means of an electronic tendering system and in a newspaper that is circulated in the territory of the corporation or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The delay for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the corporation will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender and subject to section 41.0.1, the corporation shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the corporation shall not award such contract without the approval of the Minister.

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph, is not a supply contract or a services contract for the purposes of the second paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first paragraph.

1977, c. 64, s. 40; 1995, c. 34, s. 69; 1995, c. 71, s. 83; 1997, c. 53, s. 36; 1997, c. 93, s. 111.

1997-09-01

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than, subject to the second paragraph, professional services may be awarded by the corporation except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

In the case of a construction, supply or services contract involving an expenditure of $100 000 or more, the call for public tenders must be published either in a daily newspaper circulated mainly in Québec or by means of an electronic tendering system and in a newspaper circulated in the territory of the corporation.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The delay for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the corporation will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender and subject to section 41.0.1, the corporation shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the corporation shall not award such contract without the approval of the Minister.

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph, is not a supply contract or a services contract for the purposes of the second paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first paragraph.

1977, c. 64, s. 40; 1995, c. 34, s. 69; 1995, c. 71, s. 83; 1997, c. 53, s. 36.

1995-12-15

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than professional services may be awarded by the corporation except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

In the case of a construction contract involving an expenditure of $100 000 or more, the call for public tenders must be published either in a daily newspaper circulated mainly in Québec or by means of an electronic tendering system and in a newspaper circulated in the territory of the corporation.

For the purposes of the second paragraph, “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work. It also includes site preparation, excavation, drilling, dynamiting, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work.

The delay for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors, in addition to contractors having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the corporation will be considered.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender, the corporation shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the corporation shall not award such contract without the approval of the Minister.

1977, c. 64, s. 40; 1995, c. 34, s. 69; 1995, c. 71, s. 83.

1995-06-22

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than professional services may be awarded by the corporation except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

The newspaper in which the call for public tenders must be published for a construction contract involving an expenditure of $100 000 or more must be a daily newspaper circulated mainly in Québec.

For the purposes of the second paragraph, “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work. It also includes site preparation, excavation, drilling, dynamiting, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work.

The delay for the receipt of tenders shall not be less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders shall not be less than 15 days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors, in addition to contractors having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the corporation will be considered.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender, the corporation shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the corporation shall not award such contract without the approval of the Minister.

1977, c. 64, s. 40; 1995, c. 34, s. 69.

1977-12-31

40. Unless it involves an expenditure of less than $25 000, no contract for the performance of work or the supply of equipment or materials or the furnishing of services other than professional services may be awarded by the corporation except after a call for public tenders by advertisement in a daily newspaper circulating in its territory.

The delay for the receipt of tenders shall not be less than eight days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

Without restriction to its right not to accept any tender, the corporation shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the corporation shall not award such contract without the approval of the Minister.

1977, c. 64, s. 40.