M-22.1, r. 3 - Regulation respecting the signing of certain documents of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Updated to 14 July 2022

This document has official status.

chapter M-22.1, r. 3

Regulation respecting the signing of certain documents of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

(chapter M-22.1, s. 18).

DIVISION I GENERAL

O.C. 830-2019, Div. I.

1. This Regulation provides a framework for the signing of documents by public servants of the Minister of Municipal Affairs, Regions and Land Occupancy and, in the cases provided for, by public servants under the authority of another department.

O.C. 830-2019, s. 1; O.C. 1019-2022, s. 1.

2. For the purposes of this Regulation, “public body” means a body referred to in section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

O.C. 830-2019, s. 2.

3. The Québec sales tax and the goods and services tax or, where applicable, the harmonized sales tax are not taken into account in the expenditures provided for in this Regulation.

O.C. 830-2019, s. 3.

4. The signing of a document in accordance with this Regulation is binding on the Minister and the signature is attributable to the Minister as if the Minister had signed it.

O.C. 830-2019, s. 4.

5. Any hierarchical superior of the public servant authorized to sign a document under this Regulation is also authorized to sign the document.

For the purposes of the first paragraph, an assistant or associate deputy minister is also authorized to sign a document that includes expenditures not exceeding $100,000 even where the authorization granted to the public servant to sign the document is subject to a monetary limit lower than that amount.

O.C. 830-2019, s. 5; O.C. 1019-2022, s. 2.

6. A public servant is authorized to sign a document in accordance with this Regulation even if the public servant is the acting holder of the position or is temporarily replacing an assistant or associate deputy minister.

O.C. 830-2019, s. 6; O.C. 1019-2022, s. 3.

DIVISION II AUTHORIZED PUBLIC SERVANTS

O.C. 830-2019, Div. II.

§ 1 . — Secretary general

O.C. 830-2019, Sd. 1.

7. In connection with the responsibilities of the Deputy Minister’s office, the secretary general is authorized to sign the following documents, provided that they include expenditures not exceeding $50,000:

(1)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(2)  any services contract;

(3)  any supply contract;

(4)  any service agreement with a public body;

(5)  any document pertaining to the promise or granting of subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 830-2019, s. 7; O.C. 1019-2022, s. 13.

§ 2 . —

(Revoked)

O.C. 830-2019, Sd. 2; O.C. 1019-2022, s. 4.

8. (Revoked).

O.C. 830-2019, s. 8; O.C. 1019-2022, s. 4.

9. (Revoked).

O.C. 830-2019, s. 9; O.C. 1019-2022, s. 4.

§ 3 . — Assistant or associate deputy minister

O.C. 830-2019, Sd. 3.

10. An assistant or associate deputy minister is authorized to sign

(1)  any document pertaining to the promise or granting of subsidies;

(2)  any authorization to acquire by agreement or expropriation any immovable for industrial purposes given under the fifth paragraph of section 139 of Schedule C of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(3)  any authorization or approval given under the Act respecting municipal industrial immovables (chapter I-0.1), the Act respecting Ville de Brossard (1969, chapter 99) and the Act respecting the acquisition of immovables by Ville de Berthierville (1985, chapter 56);

(4)  any document resulting from the exercise of the powers of the Minister provided for in sections 468.1, 468.11, 468.49, 468.53 and 469.1 of the Cities and Towns Act (chapter C-19) and sections 570, 580, 618, 622 and 624 of the Municipal Code of Québec (chapter C-27.1);

(5)  any document resulting from the exercise of the powers of the Minister provided for in sections 278, 339, 346 and 568 of the Act respecting elections and referendums in municipalities (chapter E-2.2);

(6)  any opinion provided for in sections 51, 53.7, 56.4, 56.14, 56.15 and 65 of the Act respecting land use planning and development (chapter A-19.1); and

(7)  any agreement entered into under section 126.3 of the Municipal Powers Act (chapter C-47.1) and sections 21.6 and 21.7 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).

O.C. 830-2019, s. 10.

§ 4 . — Director general

O.C. 830-2019, Sd. 4.

11. In connection with the responsibilities of his or her branch, a director general is authorized to sign

(1)  any document pertaining to the promise or granting of subsidies arising from the application of a program for which the norms are approved by the Government or the Conseil du trésor; and

(2)  provided that they include expenditures not exceeding $50,000:

(a)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(b)  any services contract;

(c)  any supply contract;

(d)  any service agreement with a public body; and

(e)  any agreement for subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 830-2019, s. 11; O.C. 1019-2022, s. 13.

12. In addition to the documents listed in section 11, the director general of the branch responsible for finances is authorized to sign

(1)  any supply contract;

(2)  any construction contract;

(3)  any application or commitment to the Société québécoise des infrastructures;

(4)  any service agreement with a public body;

(5)  any agreement for subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor; and

(6)  provided that they include expenditures not exceeding $100,000,

(a)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender; or

(b)  any services contract.

O.C. 830-2019, s. 12; O.C. 1019-2022, s. 5.

12.1. In addition to the documents listed in section 11, the director general of the direction responsible for informational resources is authorized to sign the following documents, provided that they include expenditures not exceeding $100,000:

(1)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(2)  any services contract;

(3)  any supply contract;

(4)  any service agreement with a public body.

O.C. 1019-2022, s. 6.

13. In addition to the documents listed in section 11, the director general of the branch responsible for infrastructures is authorized to sign any document pertaining to the promise or granting of subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 830-2019, s. 13; O.C. 1019-2022, s. 13.

14. In addition to the documents listed in section 11, the director general of the branch responsible for property assessment is authorized to sign any document provided for in section 264 of the Act respecting municipal taxation (chapter F-2.1).

O.C. 830-2019, s. 14.

§ 4.1 . — Assistant director general

O.C. 1019-2022, s. 7.

14.1. In connection with the responsibilities of his or her direction, an assistant director general is authorized to sign

(1)  any document pertaining to the promise or granting of subsidies arising from the application of a program for which the norms are approved by the Government or the Conseil du trésor; and

(2)  provided the document includes expenditures not exceeding $25,000:

(a)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(b)  any services contract;

(c)  any supply contract;

(d)  any service agreement with a public body; and

(e)  any agreement for subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 1019-2022, s. 7.

§ 5 . — Director of a direction

O.C. 830-2019, Sd. 5.

15. In connection with the responsibilities of his or her direction, a director is authorized to sign

(1)  any document pertaining to the promise or granting of subsidies arising from the application of a program for which the norms are approved by the Government or the Conseil du trésor; and

(2)  provided that they include expenditures not exceeding $25,000:

(a)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(b)  any services contract;

(c)  any supply contract;

(d)  any service agreement with a public body; and

(e)  any agreement for subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 830-2019, s. 15; O.C. 1019-2022, s. 13.

16. (Revoked).

O.C. 830-2019, s. 16; O.C. 1019-2022, s. 8.

17. In addition to the documents listed in section 15, a director of the direction responsible for land use planning and development is authorized to sign

(1)  any opinion provided for in sections 51, 53.7, 56.4, 56.14, 56.15 and 65 of the Act respecting land use planning and development (chapter A-19.1);

(2)  any extension granted under section 239 of the Act respecting land use planning and development, of a period or a term granted by that Act, a regulation, a by-law, or an order, decree, notice, opinion or assessment passed, made or given under that Act; and

(3)  any request for an opinion made under sections 75.11, 234.2 and 267 of the Act respecting land use planning and development and section 89 of the Charter of Ville de Gatineau (chapter C-11.1).

O.C. 830-2019, s. 17.

18. In addition to the documents listed in section 15, the director of the direction responsible for metropolitan development and institutional relations is authorized to sign

(1)  any opinion provided for in sections 51, 53.7, 56.4, 56.14, 56.15 and 65 of the Act respecting land use planning and development (chapter A-19.1);

(2)  any extension granted under section 239 of the Act respecting land use planning and development, of a period or a term granted by that Act, a regulation, a by-law, or an order, decree, notice, opinion or assessment passed, made or given under that Act; and

(3)  any request for an opinion made to the Communauté métropolitaine de Montréal provided for in the first paragraph of section 234.2 of the Act respecting land use planning and development.

O.C. 830-2019, s. 18.

19. In addition to the documents listed in section 15, the director of the direction responsible for municipal finances is authorized to sign

(1)  any approval or authorization for borrowing or for allocation of surplus funds;

(2)  any authorization for security; and

(3)  any approval of a regulation related to a financial reserve.

O.C. 830-2019, s. 19.

20. In connection with the responsibilities of his or her direction, in addition to the documents listed in section 15, the director of a regional direction is authorized to sign

(1)  any extension granted under section 239 of the Act respecting land use planning and development (chapter A-19.1), of a period or a term granted by that Act, a regulation, a by-law, or an order, decree, notice, opinion or assessment passed, made or given under that Act; and

(2)  any extension of the time granted by the Act respecting municipal territorial organization (chapter O-9).

O.C. 830-2019, s. 20.

20.1. In connection with the responsibilities of his or her direction, the director of communications under the authority of the Ministère du Conseil exécutif is authorized to sign

(1)  any document pertaining to the promise or granting of subsidies arising from the application of a program for which the norms are approved by the Government or the Conseil du trésor; and

(2)  provided the document includes expenditures not exceeding $50,000:

(a)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(b)  any services contract;

(c)  any supply contract;

(d)  any service agreement with a public body; and

(e)  any agreement for subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 1019-2022, s. 9.

20.2. In addition to the documents listed in section 15, the director of the direction responsible for housing analyses is authorized to sign the approvals provided for in section 133 of chapter 31 of the Statutes of 2021.

O.C. 1019-2022, s. 9.

20.3. In addition to the documents listed in section 15, the director of the direction responsible for financial resources is authorized to sign the following documents provided that they include expenditures not exceeding $100,000:

(1)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(2)  any services contract;

(3)  any supply contract;

(4)  any construction contract;

(5)  any application or commitment to the Société québécoise des infrastructures;

(6)  any service agreement with a public body;

(7)  any agreement for subsidies that do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 1019-2022, s. 9.

§ 6 . — Service director

O.C. 830-2019, Sd. 6.

21. In connection with the responsibilities of his or her service, a director is authorized to sign the following documents, provided that they include expenditures not exceeding $10,000:

(1)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(2)  any services contract;

(3)  any supply contract;

(4)  any service agreement with a public body;

(5)  any agreement for subsidies that do or do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 830-2019, s. 21; O.C. 1019-2022, s. 13.

§ 7 . — Assistant director

O.C. 830-2019, Sd. 7.

22. In connection with the responsibilities of his or her direction or service, as applicable, an assistant director is authorized to sign the following documents, provided that they include expenditures not exceeding $10,000:

(1)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(2)  any services contract;

(3)  any supply contract;

(4)  any service agreement with a public body;

(5)  any agreement for subsidies that do or do not arise from the application of a program for which the norms are approved by the Government or the Conseil du trésor.

O.C. 830-2019, s. 22; O.C. 1019-2022, s. 10.

23. In connection with the responsibilities of his or her direction, an assistant director of the direction of communications under the authority of the Ministère du Conseil exécutif is authorized to sign any document listed in section 22 provided that it includes expenditures not exceeding $25,000.

O.C. 830-2019, s. 23; O.C. 1019-2022, s. 11.

23.1. In addition to the documents listed in section 22, an assistant director of the direction responsible for municipal finances is authorized to sign the approvals and authorizations listed in paragraphs 1 to 3 of section 19.

O.C. 1019-2022, s. 11.

§ 8 . — Others

O.C. 830-2019, Sd. 8.

24. The person in charge of material and immovable resources is authorized to sign the following documents, provided that they include expenditures not exceeding $25,000:

(1)  any notice of public calls for tenders or of invitations to tender, and any document relating to those calls for tenders and invitations to tender;

(2)  any services contract;

(3)  any supply contract;

(4)  any construction contract;

(5)  any application or commitment to the Société québécoise des infrastructures;

(6)  any service agreement with a public body.

O.C. 830-2019, s. 24.

25. The person in charge of accounting transactions and contract management is authorized to sign the following documents, provided that they include expenditures not exceeding $5,000:

(1)  any services contract;

(2)  any supply contract;

(3)  any construction contract.

O.C. 830-2019, s. 25; O.C. 1019-2022, s. 12.

DIVISION III FINAL

O.C. 830-2019, Div. III.

26. This Regulation replaces the Regulation respecting the signing of certain documents of the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1, r. 2).

O.C. 830-2019, s. 26.

27. (Omitted).

O.C. 830-2019, s. 27.

REFERENCES

O.C. 830-2019, 2019 G.O. 2, 2264

O.C. 1019-2022, 2022 G.O. 2, 2043