C-19, r. 5 - Regulation ordering the applicable thresholds, ceilings and time periods when awarding certain municipal contracts

Updated to 1 January 2024

This document has official status.

chapter C-19, r. 5

Regulation ordering the applicable thresholds, ceilings and time periods when awarding certain municipal contracts

Cities and Towns Act

(chapter C-19, s. 573.3.3.1.1).

Municipal Code of Québec

(chapter C-27.1, art. 938.3.1.1).

Act respecting the Communauté métropolitaine de Montréal

(chapter C-37.01, s. 118.1.0.1).

Act respecting the Communauté métropolitaine de Québec

(chapter C-37.02, s. 111.1.0.1).

Act respecting public transport authorities

(chapter S-30.01, s. 108.1.0.1).

M.O. 2019-05-31; M.O. 2023-12-04, s. 1.

1. The expenditure threshold for a contract that may be awarded only after a public call for tenders under subsection 1 of section 573 of the Cities and Towns Act (chapter C-19), subarticle 1 of article 935 of the Municipal Code of Québec (chapter C-27.1), the first paragraph of sections 106 and 108 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), the first paragraph of sections 99 and 101 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and the first paragraph of sections 93 and 95 of the Act respecting public transit authorities (chapter S-30.01) is the minimum threshold provided for in any intergovernmental agreement on the opening of public procurement for the municipal body.

M.O. 2019-05-31, s. 1; M.O. 2020-07-14, s. 1; M.O. 2022-08-22, s. 1; M.O. 2023-12-04, s. 2.

2. The minimum time for the receipt of tenders after a public call for tenders under subsection 2 of section 573 of the Cities and Towns Act (chapter C-19), subarticle 2 of article 935 of the Municipal Code of Québec (chapter C-27.1), the fourth paragraph of section 108 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), the fourth paragraph of section 101 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and the fourth paragraph of section 95 of the Act respecting public transit authorities (chapter S-30.01) is

(1)  8 days in the case of an insurance contract or a contract for the performance of work, other than a construction contract;

(2)  15 days in the case of a supply contract or a contract for the supply of services involving an expenditure of less than the minimum threshold as of which the municipal body must open such contracts to contractors or suppliers that have an establishment in Canada or in a territory covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, hereinafter referred to as the “Agreement between Canada and the European Union”, pursuant to that agreement;

(3)  15 days in the case of a contract involving an expenditure equal to or greater than the minimum threshold set under paragraph 2 that is a contract for the supply of services other than

(a)  courier or mail services, including email;

(b)  fax services;

(c)  real estate services;

(d)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(e)  maintenance or repair services for office equipment;

(f)  management consulting services, except arbitration, mediation and conciliation services with regard to human resources management;

(g)  architectural or engineering services, except engineering services related to a single transportation infrastructure design and construction contract;

(h)  architectural landscaping services;

(i)  land use and planning services;

(j)  test, analysis or inspection services for quality control;

(k)  exterior and interior building cleaning services;

(l)  machinery or equipment repair services;

(m)  purification services;

(n)  garbage removal services; and

(o)  road services;

(4)  30 days or, where a tender may be submitted through the electronic tendering system approved by the Government, 25 days in the case of a supply contract or a contract for the supply of services listed in paragraph 3 involving an expenditure equal to or greater than the minimum threshold set under paragraph 2;

(5)  15 days in the case of a construction contract involving an expenditure of less than the minimum threshold as of which the municipal body must open such a contract to contractors or suppliers that have an establishment in Canada or in a territory covered by the Agreement between Canada and the European Union pursuant to that agreement; and

(6)  30 days or, where a tender may be submitted through the electronic tendering system approved by the Government, 25 days in the case of a construction contract involving an expenditure equal to or greater than the minimum threshold set under paragraph 5.

M.O. 2019-05-31, s. 2; I.N. 2019-09-01; M.O. 2020-07-14, s. 2; S.Q. 2021, c. 7, s. 115; M.O. 2021-09-13, s. 1; M.O. 2022-08-22, s. 2; M.O. 2023-12-04, s. 3.

3. The expenditure ceiling allowing the territory from which tenders originate to be limited under subsection 2.1 of section 573 of the Cities and Towns Act (chapter C-19), subarticle 2.1 of article 935 of the Municipal Code of Québec (chapter C-27.1), the seventh paragraph of section 108 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), the seventh paragraph of section 101 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and the seventh paragraph of section 95 of the Act respecting public transit authorities (chapter S-30.01) is, in the case of a supply contract or a contract for the supply of services, the minimum threshold as of which the municipal body must open such contracts to contractors or suppliers that have an establishment in Canada or in a territory covered by the Agreement between Canada and the European Union pursuant to that agreement.

M.O. 2019-05-31, s. 3; M.O. 2020-07-14, s. 3; M.O. 2022-08-22, s. 3; M.O. 2023-12-04, s. 4.

4. For the purposes of the provisions mentioned in section 3, in the case of a construction contract

(1)  involving an expenditure of less than the minimum threshold as of which the municipal body must open such a contract to contractors or suppliers that have an establishment in Canada covered by the Canadian Free Trade Agreement, the public call for tenders may provide that only tenders submitted by contractors or suppliers that have an establishment in Québec or Ontario will be considered;

(2)  involving an expenditure equal to or greater than the minimum threshold set under paragraph 1 but less than the minimum threshold as of which the municipal body must open such contracts to contractors or suppliers that have an establishment in Canada or in a territory covered by the Agreement between Canada and the European Union pursuant to that agreement, the public call for tenders may provide that only tenders submitted by contractors or suppliers that have an establishment in Canada will be considered; and

(3)  involving an expenditure equal to or greater than the minimum threshold set under paragraph 2, the public call for tenders may provide that only tenders submitted by contractors or suppliers that have an establishment in Canada or in any of the territories covered by the Agreement between Canada and the European Union and are mentioned in the electronic tendering system approved by the Government will be considered.

M.O. 2019-05-31, s. 4; M.O. 2020-07-14, s. 4; M.O. 2022-08-22, s. 4; M.O. 2023-12-04, s. 5.

4.1. The expenditure ceiling that allows discrimination based on territory under subparagraph 1 of the first paragraph of section 573.1.0.4.1 of the Cities and Towns Act (chapter C-19), subparagraph 1 of the first paragraph of article 936.0.4.1 of the Municipal Code of Québec (chapter C-27.1), subparagraph 1 of the first paragraph of section 112.0.0.0.1 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), subparagraph 1 of the first paragraph of section 105.0.0.0.1 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and subparagraph 1 of the first paragraph of section 99.0.0.1 of the Act respecting public transit authorities (chapter S-30.01) is the minimum threshold as of which the municipal body must open each of the contracts referred to in any of those subparagraphs to contractors or suppliers that have an establishment in Canada or in a territory covered by the Agreement between Canada and the European Union pursuant to that agreement.

M.O. 2021-09-13, s. 2; M.O. 2022-08-22, s. 5; M.O. 2023-12-04, s. 6.

4.2. The expenditure threshold that allows discrimination based on territory under the fifth paragraph of section 573.1.0.4.1 of the Cities and Towns Act (chapter C-19), the fifth paragraph of article 936.0.4.1 of the Municipal Code of Québec (chapter C-27.1) and the fifth paragraph of section 99.0.0.1 of the Act respecting public transit authorities (chapter S-30.01) is the minimum threshold as of which the municipal body must open each of the contracts referred to in any of those paragraphs to contractors or suppliers that have an establishment in Canada or in a territory covered by the Agreement between Canada and the European Union pursuant to that agreement.

M.O. 2021-09-13, s. 2; M.O. 2022-08-22, s. 5; M.O. 2023-12-04, s. 7.

4.3. For the purposes of this Regulation, where a body is not subject to an intergovernmental agreement on the opening of public procurement, the thresholds, ceilings and time limits applicable to the body are those applicable to a local municipality.

M.O. 2023-12-04, s. 8.

5. (Omitted).

M.O. 2019-05-31, s. 5.

REFERENCES

M.O. 2019-05-31, 2019 G.O. 2, 980

M.O. 2020-07-14, 2020 G.O. 2, 2027

S.Q. 2021, c. 7, s. 115

M.O. 2021-09-13, 2021 G.O. 2, 4124

M.O. 2022-08-22, 2022 G.O. 2, 3490

M.O. 2023-12-04, 2023 G.O. 2, 3185