C-65.1, r. 0.1 - Regulation of the Autorité des marchés publics under an Act respecting contracting by public bodies

Updated to 19 December 2012

This document has official status.

chapter C-65.1, r. 0.1

Regulation of the Autorité des marchés financiers under an Act respecting contracting by public bodies

Act respecting contracting by public bodies

(chapter C-65.1, ss. 21.23, par. 2, 21.40 and 21.45; 2012, chapter 25, s. 100).

DIVISION I SCOPE

1. This Regulation applies to all enterprises that wish to obtain the authorization referred to under section 21.17 of the Act respecting contracting by public bodies (chapter C-65.1).

T.B. 212027, s. 1.

DIVISION II APPLICATION FOR AUTHORIZATION

2. The respondent of the enterprise must file an application for authorization using the form provided by the Autorité des marchés financiers.

This application must contain the following information:

(1)  the name of the enterprise, its Québec enterprise number assigned by the registrar, as the case may be, and all the names under which the enterprise carries on or has carried on activities in the past 5 years;

(2)  the address and telephone number of the head office of the enterprise and of each of its establishments in the past 5 years;

(3)  the name and mailing address of the respondent and his functions at the enterprise;

(4)  the name, date of birth, if applicable, domiciliary address and telephone number of the natural person who operates a sole proprietorship, as the case may be, of the officers of the enterprise, its directors or partners, its shareholders, along with the percentage of the voting rights attached to the shares held by them, as well as of any person or enterprise that has direct or indirect legal or de facto control over the enterprise;

(5)  a declaration by the enterprise and the persons referred to in sections 21.26 and 21.28 of the Act as to whether or not they are in any of the situations set out in sections 21.26 to 21.28 of the Act;

(6)  the nature of the activities of the enterprise.

T.B. 212027, s. 2.

3. An application for authorization must also indicate, as the case may be, the following information related to the call for tenders for which the enterprise wishes to obtain a public contract or subcontract:

(1)  the number of the call for tenders;

(2)  the deadline for submitting bids or, whichever is latest, the date set out in the call for tender concerning the required authorization, as the case may be;

(3)  the estimated value of the contract or subcontract.

T.B. 212027, s. 3.

4. The application for authorization must be filed together with the following documents:

(1)  an official document from the enterprise confirming the appointment of the respondent acting in such capacity;

(2)  an organization chart outlining the structure of the enterprise and including the names of its subsidiaries and parent company and any subsidiaries there of;

(3)  in the case of an enterprise that has an establishment in Québec, the attestation from Revenu Québec referred to in subparagraph 1 of section 21.24 of the Act;

(4)  the audited financial statements for the latest fiscal year of the enterprise;

(5)  a list indicating the financial institutions with which the enterprise conducts business;

(6)  a list containing the name, date of birth, if applicable, domiciliary address and telephone number of each if its lenders, other than those referred to in paragraph 5.

T.B. 212027, s. 4.

5. In the case of an enterprise that is not constituted under the laws of Québec and does not have its head office or an establishment in Québec where it primarily conducts its activities, the application for authorization filed by the enterprise must also contain the following information and documents:

(1)  written consent to communicate with any police force or local source of information;

(2)  written consent to communicate with the local fiscal authorities;

(3)  a good conduct certificate, or an equivalent, in respect of the enterprise and each person referred to in sections 21.26 and 21.28 of the Act, issued by the local authorities, including a government or a government department or agency.

For the purposes of this section, the location of the enterprise referred to in the first paragraph and the persons referred to in subparagraph 3 is the Canadian province or territory or other jurisdiction where the enterprise primarily conducts its activities or, in the case of a natural person, where he is domiciled.

T.B. 212027, s. 5.

6. The application must also be filed, for every natural person referred to in sections 21.26 and 21.28 of the Act, together with a copy of identification issued by a government or a government department or agency and showing the person’s name and date of birth.

T.B. 212027, s. 6.

DIVISION III UPDATING OF INFORMATION

7. An authorized enterprise must notify the Authority of any change in the information that it has filed with the Authority no later than 15 days following the end of the month in which such change took place.

These notices must be sent using the forms provided by the Authority and, if applicable, together with the information and documents requested for the purposes of chapter V.2 of the Act.

T.B. 212027, s. 7.

DIVISION IV REGISTER OF AUTHORIZED ENTERPRISES

8. The register of authorized enterprises kept in accordance with section 21.45 of the Act must contain the following information:

(1)  the name of the authorized enterprise, the names under which it carries on activities, and its Québec enterprise number assigned by the registrar;

(2)  the contact information for the head office of the enterprise;

(3)  the identification number assigned by the Authority.

T.B. 212027, s. 8.

9. (Omitted).

T.B. 212027, s. 9.

REFERENCES

T.B. 212027, 2012 G.O. 2, 3481A