a-6.001, r. 4 - Regulation respecting financial commitments made by a body

Updated to 1 September 2012

This document has official status.

chapter A-6.001, r. 4

Regulation respecting financial commitments made by a body

Financial Administration Act

(chapter A-6.001, s. 77.3).

1. No body may, in one of the contracts listed below or incidental to the contracts, make a financial commitment whose term is greater than 365 days and whose total amount exceeds the lesser of $5,000,000 or 5% of the operating expenditures of the most recently completed fiscal year of the body, unless the financial commitment is authorized by the Minister responsible for the administration of the Act governing the body and its nature, terms and conditions are authorized by the Minister of Finance:

(1)  an act constituting emphyteusis;

(2)  a borrowing guarantee or a guarantee of any other financial commitment;

(3)  suretyship;

(4)  leasing;

(5)  a sale including a resolutory clause;

(6)  an instalment sale;

(7)  a sale with a right of redemption;

(8)  giving in payment;

(9)  alienation for rent;

(10)  an annuity;

(11)  a lease whose term is more than 15 years, except leases entered into with the Société immobilière du Québec.

No body may split or segment its procurement requirements or change a financial commitment resulting from a contract referred to in the first paragraph to be exempted from the obligation to obtain the authorizations provided for in that paragraph.

O.C. 959-2008, s. 1.

2. The authorizations provided for in section 1 are not required in the following cases:

(1)  the financial commitment is made by the body in connection with a public-private partnership agreement entered into between the body and Infrastructure Québec and approved by the Government;

(2)  the financial commitment is made as part of an economic development project or to provide financial assistance, in accordance with the powers provided in the Act constituting the body concerned;

(3)  the financial commitment is made under the second paragraph of section 30 of the Act respecting Héma-Québec and the haemovigilance committee (chapter H-1.1), and Héma-Québec has notified the Minister responsible for the administration of the Act and the Minister of Finance in writing.

O.C. 959-2008, s. 2.

3. (Omitted).

O.C. 959-2008, s. 3.

REFERENCES

O.C. 959-2008, 2008 G.O. 2, 5003

S.Q. 2009, c. 53, s. 63

S.Q. 2011, c. 16, s. 244