C-65.1 - Act respecting contracting by public bodies

Section 23 Disposition versions

2019-05-25

23. The Government may, by regulation and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section entered into by public bodies, for subcontracts related to such contracts or for any other contracts related to such contracts or subcontracts, including contract or subcontract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the rules for awarding contracts to public bodies that are applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure equal to or above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure equal to or greater than $25,000;

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the chief executive officer of a public body or a person designated by regulation other than those set out in this Act;

(8)  (paragraph repealed);

(8.1)  (paragraph repealed);

(8.2)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  (paragraph repealed);

(11)  (paragraph repealed);

(12)  (paragraph repealed);

(13)  (paragraph repealed);

(13.1)  determine the conditions and procedure applicable to complaints referred to in section 21.0.4 and to the processing of such complaints;

(14)  determine the documents relating to compliance with certain Acts and regulations that a contractor referred to in the first paragraph of section 1 who is interested in entering into a contract with a public body or into a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed;

(15)  determine the regulatory provisions made under this section the violation of which constitutes an offence; and

(16)  establish, despite any inconsistent provision of a general or special Act, a mechanism for the settlement of disputes that are likely to have an impact on the payment of a public contract or subcontract and determine the cases and conditions in or on which and the procedure by which such a mechanism applies.

2006, c. 29, s. 23; 2011, c. 17, s. 52; 2011, c. 18, s. 50; 2011, c. 35, s. 56; 2012, c. 25, s. 13; 2017, c. 27, s. 130.

2017-12-01

23. The Government may, by regulation and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section entered into by public bodies, for subcontracts related to such contracts or for any other contracts related to such contracts or subcontracts, including contract or subcontract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the rules for awarding contracts to public bodies that are applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure equal to or above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure equal to or greater than $25,000;

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the chief executive officer of a public body or a person designated by regulation other than those set out in this Act;

(8)  (paragraph repealed);

(8.1)  (paragraph repealed);

(8.2)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  (paragraph repealed);

(11)  (paragraph repealed);

(12)  (paragraph repealed);

(13)  (paragraph repealed);

(14)  determine the documents relating to compliance with certain Acts and regulations that a contractor referred to in the first paragraph of section 1 who is interested in entering into a contract with a public body or into a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed;

(15)  determine the regulatory provisions made under this section the violation of which constitutes an offence; and

(16)  establish, despite any inconsistent provision of a general or special Act, a mechanism for the settlement of disputes that are likely to have an impact on the payment of a public contract or subcontract and determine the cases and conditions in or on which and the procedure by which such a mechanism applies.

2006, c. 29, s. 23; 2011, c. 17, s. 52; 2011, c. 18, s. 50; 2011, c. 35, s. 56; 2012, c. 25, s. 13; 2017, c. 27, s. 130.

2012-12-07

23. The Government may, by regulation and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section entered into by public bodies, for subcontracts related to such contracts or for any other contracts related to such contracts or subcontracts, including contract or subcontract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the rules for awarding contracts to public bodies that are applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure equal to or above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure equal to or greater than $25,000;

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the chief executive officer of a public body or a person designated by regulation other than those set out in this Act;

(8)  determine the offences under a federal or a Québec law or under a regulation under such a law in respect of which a conviction is considered for the purposes of ineligibility for public contracts;

(8.1)  determine the cases and conditions in which and the procedure by which a contractor or an associate of the contractor must have been convicted, by a final judgment, of a minimum number of offences determined pursuant to subparagraph 8 and set the minimum number of offences;

(8.2)  determine the offences under regulatory provisions in respect of which a conviction may be disregarded by the Minister of Revenue pursuant to the second paragraph of section 21.2.1;

(9)  determine, for each offence or group of offences, the period of ineligibility for public contracts;

(10)  designate the public bodies and the bodies described in section 7 that must provide the information referred to in section 21.7 to the Chair of the Conseil du trésor and determine the cases, conditions and manner in which the information must be communicated;

(11)  determine the other information that must be recorded in the register of enterprises ineligible for public contracts;

(12)  establish oversight and monitoring measures for contractors to be applied by the persons accredited by the Chair of the Conseil du trésor and determine the cases, other than those specified in this Act, conditions, period and manner – including the sanctions for non-compliance – in which these measures apply to a contractor, who must in all cases assume the expenses;

(13)  establish the procedure and conditions for the issue of accreditation to persons responsible for the application of the oversight and monitoring measures under subparagraph 12, and fix the conditions for the renewal, suspension or cancellation of accreditation and the related fees;

(14)  determine the documents relating to compliance with certain Acts and regulations that a contractor referred to in the first paragraph of section 1 who is interested in entering into a contract with a public body or into a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

(15)  determine the regulatory provisions made under this section the violation of which constitutes an offence.

2006, c. 29, s. 23; 2011, c. 17, s. 52; 2011, c. 18, s. 50; 2011, c. 35, s. 56; 2012, c. 25, s. 13.

2011-12-09

23. The Government may, by regulation, after consulting the Minister of Education, Recreation and Sports and the Minister of Health and Social Services and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section, and that are awarded to public bodies, including contract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the rules for awarding contracts to public bodies that are applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure over $25,000;

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the minister responsible, the chief executive officer of a public body, a health and social services agency or a person designated by regulation other than those set out in this Act;

(8)  determine the offences under a federal or a Québec law or under a regulation under such a law in respect of which a conviction is considered for the purposes of ineligibility for public contracts;

(8.1)  determine the cases and conditions in which and the procedure by which a contractor or an associate of the contractor must have been convicted, by a final judgment, of a minimum number of offences determined pursuant to subparagraph 8 and set the minimum number of offences;

(8.2)  determine the offences under regulatory provisions in respect of which a conviction may be disregarded by the Minister of Revenue pursuant to the second paragraph of section 21.2.1;

(9)  determine, for each offence or group of offences, the period of ineligibility for public contracts;

(10)  designate the public bodies and the bodies described in section 7 that must provide the information referred to in section 21.7 to the Chair of the Conseil du trésor and determine the cases, conditions and manner in which the information must be communicated;

(11)  determine the other information that must be recorded in the register of enterprises ineligible for public contracts;

(12)  establish oversight and monitoring measures for contractors to be applied by the persons accredited by the Chair of the Conseil du trésor and determine the cases, other than those specified in this Act, conditions, period and manner – including the sanctions for non-compliance – in which these measures apply to a contractor, who must in all cases assume the expenses;

(13)  establish the procedure and conditions for the issue of accreditation to persons responsible for the application of the oversight and monitoring measures under subparagraph 12, and fix the conditions for the renewal, suspension or cancellation of accreditation and the related fees;

(14)  determine the documents relating to compliance with certain Acts and regulations that a contractor referred to in the first paragraph of section 1 who is interested in entering into a contract with a public body or into a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

(15)  determine the regulatory provisions made under this section the violation of which constitutes an offence.

For the purposes of this Act, “minister responsible” means

(1)  the Conseil du trésor in the case of contracts by public bodies referred to in subparagraphs 1 to 4 of the first paragraph of section 4 or by bodies described in section 7;

(2)  the Minister of Education, Recreation and Sports in the case of contracts by public bodies referred to in subparagraph 5 of the first paragraph of section 4; and

(3)  the Minister of Health and Social Services in the case of contracts by public bodies referred to in subparagraph 6 of the first paragraph of section 4.

2006, c. 29, s. 23; 2011, c. 17, s. 52; 2011, c. 18, s. 50; 2011, c. 35, s. 56.

2011-06-13

23. The Government may, by regulation, after consulting the Minister of Education, Recreation and Sports and the Minister of Health and Social Services and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section, and that are awarded to public bodies, including contract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the rules for awarding contracts to public bodies that are applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure over $25,000;

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the minister responsible, the chief executive officer of a public body, a health and social services agency or a person designated by regulation other than those set out in this Act;

(8)  determine the offences under a federal or a Québec law or under a regulation under such a law in respect of which a conviction entails ineligibility for public contracts;

(9)  establish, for each of the offences determined pursuant to subparagraph 8, the period of ineligibility for public contracts;

(10)  designate the public bodies and the bodies described in section 7 that must provide the information referred to in section 21.7 to the Chair of the Conseil du trésor and determine the cases, conditions and manner in which the information must be communicated;

(11)  determine the other information that must be recorded in the register of enterprises ineligible for public contracts;

(12)  establish oversight and monitoring measures for contractors to be applied by the persons accredited by the Chair of the Conseil du trésor and determine the cases, other than those specified in this Act, conditions, period and manner – including the sanctions for non-compliance – in which these measures apply to a contractor, who must in all cases assume the expenses;

(13)  establish the procedure and conditions for the issue of accreditation to persons responsible for the application of the oversight and monitoring measures under subparagraph 12, and fix the conditions for the renewal, suspension or cancellation of accreditation and the related fees;

(14)  determine the documents relating to compliance with certain Acts and regulations that a contractor referred to in the first paragraph of section 1 who is interested in entering into a contract with a public body or into a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

(15)  determine the regulatory provisions made under this section the violation of which constitutes an offence.

For the purposes of this Act, “minister responsible” means

(1)  the Conseil du trésor in the case of contracts by public bodies referred to in subparagraphs 1 to 4 of the first paragraph of section 4 or by bodies described in section 7;

(2)  the Minister of Education, Recreation and Sports in the case of contracts by public bodies referred to in subparagraph 5 of the first paragraph of section 4; and

(3)  the Minister of Health and Social Services in the case of contracts by public bodies referred to in subparagraph 6 of the first paragraph of section 4.

2006, c. 29, s. 23; 2011, c. 17, s. 52; 2011, c. 18, s. 50.

2008-10-01

23. The Government may, by regulation, after consulting the Minister of Education, Recreation and Sports and the Minister of Health and Social Services and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section, including contract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the contract award rules applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure over $25,000; and

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the minister responsible, the chief executive officer of a public body, a health and social services agency or a person designated by regulation other than those set out in this Act.

For the purposes of this Act, “minister responsible” means

(1)  the Conseil du trésor in the case of contracts by public bodies referred to in subparagraphs 1 to 4 of the first paragraph of section 4;

(2)  the Minister of Education, Recreation and Sports in the case of contracts by public bodies referred to in subparagraph 5 of the first paragraph of section 4; and

(3)  the Minister of Health and Social Services in the case of contracts by public bodies referred to in subparagraph 6 of the first paragraph of section 4.

2006, c. 29, s. 23.