S-13.01, r. 3 - By-law respecting the signature of certain documents of the Société des établissements de plein air du Québec

Updated to 6 July 2022

This document has official status.

chapter S-13.01, r. 3

By-law respecting the signature of certain documents of the Société des établissements de plein air du Québec

Act respecting the Société des établissements de plein air du Québec

(chapter S-13.01, s. 17).

DIVISION I GENERAL

O.C. 1407-2022, Div. I.

1. Subject to other conditions that may be prescribed by the Act, the members of the personnel of the Société des établissements de plein air du Québec (hereinafter referred to as “Sépaq”), who hold a position mentioned hereafter, are authorized to sign alone and with the same authority and effect as the president and chief executive officer of the Sépaq the documents listed after their respective position.

O.C. 1407-2022, s. 1.

2. Hierarchical superiors of the persons referred to in this By-law are also authorized to sign the documents that those persons are authorized to sign.

O.C. 1407-2022, s. 2.

3. The Québec sales tax (QST) and the goods and services tax (GST) or, where applicable, the harmonized sales tax (HST) are not included in the amounts provided for in this By-law.

O.C. 1407-2022, s. 3.

4. For the purposes of this By-law, a reference to the “public tender threshold for services contracts” is a reference to the minimum threshold for the application of the procurement liberalization agreements for contracts of that nature for the Sépaq.

O.C. 1407-2022, s. 4.

5. For the purposes of this By-law, a reference to the “public tender threshold for supply contracts” is a reference to the minimum threshold for the application of the procurement liberalization agreements for contracts of that nature for the Sépaq.

O.C. 1407-2022, s. 5.

DIVISION II SIGNATURE

O.C. 1407-2022, Div. II.

6. A vice-president is authorized to sign, for the vice-presidency,

(1)  supply contracts, supply contracts for resale, services contracts, construction contracts and immovable leases below the public tender threshold for services contracts;

(2)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure equal to or above the public tender threshold applicable to the contract and whose total additional expenditures, if any, is less than 10% of the initial amount of the contract;

(3)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure below the public tender threshold applicable to the contract and whose total additional expenditures, if any, is below the public tender threshold;

(4)  concession contracts where the potential turnover is below the public tender threshold for services contracts; and

(5)  contracts for the alienation of assets where the estimated market value of the property at the time of the alienation is less than $50,000.

O.C. 1407-2022, s. 6.

7. A director general and an assistant director general are authorized to sign, for their branch,

(1)  supply contracts, supply contracts for resale, services contracts, construction contracts and immovable leases for less than $75,000;

(2)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure below the public tender threshold applicable to the contract and whose total value of the contract including any additional expenditures is less than $75,000 or, in the case of supply contracts, below the public tender threshold for supply contracts;

(3)  concession contracts where the potential turnover is less than $75,000; and

(4)  contracts for the alienation of assets where the estimated market value of the property at the time of the alienation is less than $25,000.

O.C. 1407-2022, s. 7.

8. A branch director is authorized to sign, for the branch, supply contracts, supply contracts for resale, services contracts and immovable leases below the public tender threshold for supply contracts.

O.C. 1407-2022, s. 8.

9. A facility director, an assistant facility director and an assistant to the director general are authorized to sign, for their facility or branch, as the case may be,

(1)  supply contracts, supply contracts for resale, services contracts, construction contracts and immovable leases below the public tender threshold for supply contracts;

(2)  an amendment, that entails or not an additional expenditure, to a contract whose total value, including any additional expenditures, is below the public tender threshold for supply contracts;

(3)  concession contracts where the potential turnover is below the public tender threshold for supply contracts;

(4)  contracts for the alienation of assets where the estimated market value of the property at the time of the alienation is less than $10,000; and

(5)  an application for a licence or permit, including liquor permits, for a certificate or attestation useful or necessary for the operation of the facility.

O.C. 1407-2022, s. 9.

10. The director responsible for infrastructures is authorized to sign, for the branch,

(1)  supply contracts, services contracts, construction contracts and immovable leases below the public tender threshold for services contracts;

(2)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure equal to or above the public tender threshold applicable to the contract and whose total additional expenditures, if any, is less than 10% of the initial amount of the contract;

(3)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure below the public tender threshold applicable to the contract and whose total value of the contract, including any additional expenditures, is below the public tender threshold; and

(4)  contracts for the alienation of assets where the estimated market value of the property at the time of the alienation is less than $25,000.

O.C. 1407-2022, s. 10.

11. The assistant director of the branch responsible for infrastructures is authorized to sign, for the branch,

(1)  supply contracts, services contracts and construction contracts for less than $75,000;

(2)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure equal to or above the public tender threshold applicable to the contract and whose total additional expenditures, if any, is less than 10% of the initial amount of the contract and up to a total amount of additional expenditures less than $75,000, but an amount less than $25,000 per amendment; and

(3)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure below the public tender threshold applicable to the contract,

(a)  up to a total amount of any additional expenditures less than $75,000, but an amount less than $25,000 per amendment; and

(b)  the total value of the contract, including any additional expenditures, below the public tender threshold applicable to the contract.

O.C. 1407-2022, s. 11.

12. A project coordinator of the branch responsible for infrastructures is authorized to sign, for the projects,

(1)  supply contracts, services contracts and construction contracts below the public tender threshold for supply contracts;

(2)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure equal to or above the public tender threshold applicable to the contract and whose total additional expenditures, if any, is less than 10% of the initial amount of the contract and up to a total amount of additional expenditures below the public tender threshold for supply contracts, but an amount less than $10,000 per amendment; and

(3)  an amendment, that entails or not an additional expenditure, to a contract involving an expenditure below the public tender threshold applicable to the contract,

(a)  up to a total amount of any additional expenditures below the public tender threshold for supply contracts, but an amount less than $10,000 per amendment; and

(b)  the total value of the contract, including any additional expenditures, below the public tender threshold applicable to the contract.

O.C. 1407-2022, s. 12.

13. The person in charge of supply is authorized to sign supply contracts, supply contracts for resale and services contracts below the public tender threshold for supply contracts.

O.C. 1407-2022, s. 13.

14. A person responsible for a facility service, an assistant to the facility director, a strategic advisor to the vice-president, a service head at the head office and a person responsible for purchases at the head office are authorized to sign, for their unit, supply contracts and services contracts for less than $5,000.

O.C. 1407-2022, s. 14.

15. The president and chief executive officer, the vice-president responsible for the general secretariat, the vice-president for administration and finances, the director of accounting and the financial controller of the Sépaq are authorized to sign cheques, drafts, payment authorizations, promissory notes, bonds, bankers’ acceptances, bills of exchange, bank transfers or other negotiable instruments, where 2 signatures are required.

O.C. 1407-2022, s. 15.

16. A signature may be affixed by any information technology-based process.

O.C. 1407-2022, s. 16.

DIVISION III FINAL

O.C. 1407-2022, Div. III.

17. This By-law replaces the By-law respecting the signing of certain documents of the Société des établissements de plein air du Québec (chapter S-13.01, r. 2).

O.C. 1407-2022, s. 17.

18. (Omitted).

O.C. 1407-2022, s. 18.

REFERENCES

O.C. 1407-2022, 2022 G.O. 2, 2666