A-6.001, r. 4 - Regulation respecting financial commitments made by a body

Updated to 1 July 2023

This document has official status.

chapter A-6.001, r. 4

Regulation respecting financial commitments made by a body

Financial Administration Act

(chapter A-6.001, s. 77.3).

1. No body may, in one of the contracts listed below or incidental to the contracts, make a financial commitment whose term is greater than 365 days and whose total amount exceeds the lesser of $5,000,000 or 5% of the operating expenditures of the most recently completed fiscal year of the body, unless the financial commitment is authorized by the Minister responsible for the administration of the Act governing the body and its nature, terms and conditions are authorized by the Minister of Finance:

(1)  an act constituting emphyteusis, usufruct or any other dismemberment of the right of ownership;

(2)  a borrowing guarantee or a guarantee of any other financial commitment;

(3)  suretyship;

(4)  leasing;

(5)  a sale including a resolutory clause;

(6)  an instalment sale;

(7)  a sale with a right of redemption;

(8)  giving in payment;

(9)  alienation for rent;

(10)  an annuity;

(11)  a lease whose expected term, including any renewal option, is 10 years or more, except leases entered into with the Société québécoise des infrastructures.

No body may split or segment its procurement requirements or change a financial commitment resulting from a contract referred to in the first paragraph to be exempted from the obligation to obtain the authorizations provided for in that paragraph.

O.C. 959-2008, s. 1; O.C. 513-2019, s. 1; O.C. 1216-2021, s. 1.

2. The authorizations provided for in section 1 are not required in the following cases:

(1)  the financial commitment is made by the body in connection with a public-private partnership agreement entered into between the body and Société québécoise des infrastructures and approved by the Government;

(2)  the financial commitment is made as part of an economic development project or to provide financial assistance, in accordance with the powers provided in the Act constituting the body concerned;

(3)  the financial commitment is made under the third paragraph of section 30 of the Act respecting Héma-Québec and the biovigilance committee (chapter H-1.1), and Héma-Québec has notified the Minister responsible for the administration of the Act and the Minister of Finance in writing.

O.C. 959-2008, s. 2; I.N. 2023-07-01.

3. (Omitted).

O.C. 959-2008, s. 3.

REFERENCES

O.C. 959-2008, 2008 G.O. 2, 5003

S.Q. 2009, c. 53, s. 63

S.Q. 2011, c. 16, s. 244

S.Q. 2013, c. 23, s. 164

O.C. 513-2019, 2019 G.O. 2, 915

O.C. 1216-2021, 2021 G.O. 2, 3749