c-19, r. 3 - Regulation respecting construction contracts of municipal bodies

Updated to 1 March 2016

This document has official status.

chapter C-19, r. 3

Regulation respecting construction contracts of municipal bodies

Cities and Towns Act

(chapter C-19, s. 573.3.1.1).

Municipal Code of Québec

(chapter C-27.1, s. 938.1.1).

Act respecting the Communauté métropolitaine de Montréal

(chapter C-37.01, s. 113.1).

Act respecting the Communauté métropolitaine de Québec

(chapter C-37.02, s. 106.1).

Act respecting public transit authorities

(chapter S-30.01, s. 103.1).

DIVISION I SCOPE

1. In this Regulation, “municipal body” means a metropolitan community, a municipality, an intermunicipal board or a public transit authority.

This definition also includes any body which, under any provision, is deemed to be a municipality or municipal body for the purposes of this Regulation.

O.C. 841-2011, s. 1.

DIVISION II CERTIFICATE FROM REVENU QUÉBEC

O.C. 841-2011, Div. II; S.Q. 2015, c. 8, s. 91.

2. Every contractor wishing to enter with a municipal body into a construction contract involving an expenditure of $25,000 or more must hold a valid certificate from Revenu Québec.

O.C. 841-2011, s. 2; S.Q. 2015, c. 8, s. 92.

3. The certificate of Revenu Québec is issued to every contractor that, on the date indicated therein, has filed the returns and reports that the contractor had to file under fiscal laws and that has no overdue account payable to the Minister of Revenue, in particular when its recovery has been legally suspended or arrangements have been made with the supplier to ensure payment and the contractor has not defaulted.

O.C. 841-2011, s. 3; S.Q. 2015, c. 8, s. 93.

4. The certificate of a contractor is valid until the end of the three-month period following the month in which it was issued.

In addition, the certificate of the contractor must not have been issued after the closing date for tenders relating to the contract or, in the case of a contract entered into by mutual agreement, after the date the contract was entered into.

O.C. 841-2011, s. 4; S.Q. 2015, c. 8, s. 94.

5. (Revoked).

O.C. 841-2011, s. 5; S.Q. 2015, c. 8, s. 95.

6. (Revoked).

O.C. 841-2011, s. 6; S.Q. 2015, c. 8, s. 95.

7. Contractors referred to in section 2 may not forward a certificate from Revenu Québec that contains false or inaccurate information, use the certificate of a third party as their own or falsely declare that they do not have the required certificate.

O.C. 841-2011, s. 7; S.Q. 2015, c. 8, s. 96.

8. No one may, by performing or omitting to perform an act, assist another person in contravening the provisions of section 7 or, by encouragement, advice or consent, or by an authorization or an order, induce another person to contravene those provisions.

O.C. 841-2011, s. 8; S.Q. 2015, c. 8, s. 97.

9. Section 2 does not apply to contractors that do not have an establishment in Québec where they carry on their activities on a permanent basis, clearly identified to their name and accessible during regular business hours.

Neither does it apply to a construction contract that must be entered into because of an emergency that threatens human safety or property.

O.C. 841-2011, s. 9; S.Q. 2015, c. 8, s. 98.

DIVISION III PENAL

10. A violation of section 7 or 8 constitutes an offence.

O.C. 841-2011, s. 10; S.Q. 2015, c. 8, s. 99.

DIVISION IV MINISTER OF REVENUE

11. The Minister of Revenue is responsible for the administration and enforcement of sections 3, 7, 8 and 10.

O.C. 841-2011, s. 11; S.Q. 2015, c. 8, s. 100.

DIVISION V TRANSITIONAL AND FINAL

12. Any violation of the provisions of the second paragraph of section 2 or those of any of sections 5 to 8 of this Regulation, committed between 1 January 2012 and 30 June 2012 inclusively, will give rise to the issue of a warning to the offender instead of a statement of offence.

O.C. 841-2011, s. 12.

13. This Regulation applies only to calls for tenders issued and contracts entered into by mutual agreement as of 1 January 2012.

O.C. 841-2011, s. 13.

14. (Omitted).

O.C. 841-2011, s. 14.

REFERENCES

O.C. 841-2011, 2011 G.O. 2, 2537

S.Q. 2015, c. 8, ss. 91 to 100