C-65.1, r. 8 - Regulation respecting payment of interest to government suppliers

Updated to 1 September 2012

This document has official status.

chapter C-65.1, r. 8

Regulation respecting payment of interest to government suppliers

Act respecting contracting by public bodies

(chapter C-65.1, s. 23).

1. This Regulation is deemed to be made under section 23 of the Act respecting contracting by public bodies (chapter C-65.1).

R.R.Q., 1981, c. A-6, r. 18, s. 1.

2. This Regulation shall apply to any department or agency whose budget is voted by the National Assembly.

R.R.Q., 1981, c. A-6, r. 18, s. 2.

3. In this Regulation, unless the context indicates otherwise,

(a)  “acceptance” means a notice issued and dated that is affixed to a delivery note or to any other document of the same nature in replacement of such note, for the purpose of acknowledging that goods were delivered, a service rendered or work carried out in accordance with the conditions provided for in a contract or the fact of taking possession of or using the goods or services offered by a supplier;

(b)  “contract” means a document containing all the clauses relative to the rights, obligations and responsibilities of the parties for the purposes of fulfilling the objectives explicitly defined therein;

(c)  “interest” means the value or sum of money paid for the overdue payment of a debt;

(d)  “day” means a calendar day;

(e)  “supplier” means a natural person doing business alone under his own name or a firm name, a partnership or a legal person with whom or which the Government has made a contract or verbal agreement to obtain goods or services;

(f)  “payment period” means the period comprised between the date on which the bill was received or the date of the acceptance, whichever is later, and the date on which a payment is issued;

(g)  “bill” means a document determined in accordance with a contract or verbal agreement, by a supplier or a Department, relative to determining the amount of a debt following the full or partial execution of the contract.

R.R.Q., 1981, c. A-6, r. 18, s. 3; O.C. 913-83, s. 1; O.C. 396-84, s. 1.

4. Subject to any provision to the contrary in an Act or regulation or, upon the authorization of the Conseil du trésor, of a particular contract, any department or agency must, on the specific request of a supplier, pay such supplier interest on any overdue payment unless the amount of such interest is less that $5.

A payment made after receipt of a bill is considered overdue if the payment period exceeds 30 days. A payment not preceded by a bill is considered overdue if it is issued on a date following either the payment date stipulated in the contract or the acceptance date, whichever is later.

The interest payable under this section shall be computed from the first day of the overdue period, at the rate in effect under section 28 of the Tax Administration Act (chapter A-6.002).

R.R.Q., 1981, c. A-6, r. 18, s. 4; O.C. 913-83, s. 2; O.C. 1073-2002, s. 1.

5. The payment deductions provided for in the terms of certain contracts shall not be overdue payments as long as the final acceptation and audit have not been made and 30 days have not elapsed since such date.

R.R.Q., 1981, c. A-6, r. 18, s. 5; O.C. 1073-2002, s. 2.

6. (Revoked).

R.R.Q., 1981, c. A-6, r. 18, s. 6; O.C. 913-83, s. 3.

REFERENCES

R.R.Q., 1981, c. A-6, r. 18

O.C. 913-83, 1983 G.O. 2, 1970

O.C. 396-84, 1984 G.O. 2, 1183

O.C. 1073-2002, 2002 G.O. 2, 5271

S.Q. 2010, c. 31, s. 91