A-6.01, r. 6 - Regulation respecting the promise and awarding of grants

Updated to 1 September 2012

This document has official status.

chapter A-6.01, r. 6

Regulation respecting the promise and awarding of grants

Public Administration Act

(chapter A-6.01, s. 57).

Act respecting contracting by public bodies

(chapter C-65.1, s. 23).

1. This Regulation applies to departments and bodies of the Government.

R.R.Q., 1981, c. A-6, r. 22, s. 1.

2. In this Regulation,

“government body” or “body” means a body other than a department, established by an Act of the National Assembly or by a decision of the Government, of the Conseil du trésor or of a Minister, and whose operation appropriations appear under this heading, in part or in whole, in the budgetary estimates tabled before the National Assembly;

“accounts” means the divisions of a budgetary program identifying the operations, sub-operations, projects and reserves for future appropriations;

“budgetary program” means a document approved annually by the Conseil du trésor, giving the appropriations, by account, of the amount set aside for financial commitments and of the amount reserved for expenditures, which document may be modified thereafter, by the department or the body, under an Act, other than a subsidies Act, a decision of the Government or of the Conseil du trésor or under budgetary rules approved by the Conseil du trésor.

R.R.Q., 1981, c. A-6, r. 22, s. 2; O.C. 1567-94, s. 1.

3. Subject to section 4, any award or any promise of grant must be submitted for the prior approval:

(a)  of the Government, on the proposal of the Conseil du trésor, where the amount of such award or promise is equal to or greater than $1,000,000;

(b)  of the Conseil du trésor, where the amount of such award or promise is less than $1,000,000 but greater than $50,000.

R.R.Q., 1981, c. A-6, r. 22, s. 3; O.C. 1646-88, s. 1; O.C. 1567-94, s. 2.

4. The award or promise of grant does not require the authorization prescribed in section 3 in the following cases:

(a)  where a legislative provision establishes the amount thereof;

(b)  where it is made in accordance with standards approved by the Government or the Conseil du trésor, and where it does not exceed the unappropriated balance of the amount of the account of the budgetary program to which it is charged.

Notwithstanding subparagraph b of the first paragraph, the awarding or promise of a grant shall be approved in accordance with section 3 in either of the following cases:

(a)  where a grant of more than $100,000 is awarded or promised to a profit-oriented organization that has more than 100 employees and where the standards approved do not include the obligation to implement an affirmative action program that complies with the Charter of human rights and freedoms (chapter C-12); or

(b)  (paragraph revoked);

(c)  where a grant, intended for the carrying out of construction work of $100,000 or more, is awarded or promised, except to a public body within the meaning of section 4 of the Act respecting contracting by public bodies (chapter C-65.1), and where the standards approved do not include the obligation to make a public call for tenders for awarding the contract, unless the standards expressly provide that the obligation to make a public call for tenders does not apply.

R.R.Q., 1981, c. A-6, r. 22, s. 4; D. 332-89, a. 1; O.C. 514-94, s. 1; O.C. 534-2008, s. 1.

5. The awarding or promise of a grant made in accordance with standards approved by the Government or the Conseil du trésor before 1 October 2008 is not subject to the approval now required under subparagraph c of the second paragraph of section 4 where the obligation to make a public call for tenders is imposed in the conditions of the awarding or promise of a grant.

O.C. 534-2008, s. 2.

REFERENCES

R.R.Q., 1981, c. A-6, r. 22

O.C. 1646-88, 1988 G.O. 2, 3857

D. 332-89, 1989 G.O. 2, 1843

O.C. 514-94, 1994 G.O. 2, 1479

O.C. 1567-94, 1994 G.O. 2, 4379

O.C. 534-2008, 2008 G.O. 2, 2108