c-65.1, r. 1.1 - Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

Updated to 1 September 2012

This document has official status.

chapter C-65.1, r. 1.1

Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

Act respecting contracting by public bodies

(chapter C-65.1, ss. 23.1 and 24.2).

CHAPTER I APPLICATION

1. This Regulation applies to supply contracts, service contracts and construction contracts referred to in the first paragraph of section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that are entered into by a public body referred to in section 7 of that Act with a contractor referred to in section 1 of that Act.

O.C. 846-2011, s. 1.

CHAPTER II CONDITIONS FOR ENTERING INTO A CONTRACT

2. Every contractor interested in entering into a supply contract, service contract or construction contract with a body involving an expenditure equal to or greater than $25,000 must hold an attestation from Revenu Québec.

Similarly, every contractor who, as a subcontractor, enters into a construction contract of a value equal to or greater than $25,000 with another contractor must hold an attestation from Revenu Québec where the contract is directly connected with a construction contract referred to in the first paragraph that has been entered into by that other contractor.

O.C. 846-2011, s. 2.

3. The attestation from Revenu Québec is issued to every contractor who, on the date indicated in the attestation, has filed the returns and reports that the contractor had to file under fiscal laws and who has no overdue account payable to the Minister of Revenue, in particular when its recovery has been legally suspended or arrangements have been made with the contractor to ensure payment and the contractor has not defaulted.

O.C. 846-2011, s. 3.

4. The attestation of a contractor referred to in the first paragraph of section 2 must not have been issued more than 90 days before the date and time fixed for the closing of tenders, or after that date and time, or, in the case of a contract entered into by mutual agreement, more than 90 days before the contract award date. The fact that the contractor holds an attestation is considered to be an eligibility requirement for tendering.

The attestation of a subcontractor referred to in the second paragraph of section 2 must not have been issued more than 90 days before the date fixed for the closing of tenders related to a contract referred to in the first paragraph of section 2, nor after the date on which the subcontract is entered into or, if the contract referred to in the first paragraph of section 2 is entered into by mutual agreement, more than 90 days before the date on which the subcontract is entered into.

O.C. 846-2011, s. 4.

5. A contractor referred to in the first paragraph of section 2 must, before entering into a contract with a subcontractor referred to in the second paragraph of section 2, obtain a copy of the subcontractor’s attestation and ensure that it complies with the second paragraph of section 4.

O.C. 846-2011, s. 5.

6. A contractor referred to in the first paragraph of section 2 to whom a construction contract has been awarded by a body must, before beginning the construction work, forward to the body a list giving the following information for each subcontract referred to in the second paragraph of section 2:

(1)  the name and address of the subcontractor;

(2)  the amount and date of the subcontract;

(3)  the number and date of issue of the attestation from Revenu Québec held by the subcontractor.

A contractor who, after beginning the construction work, contracts with a subcontractor as part of a contract referred to in the first paragraph, must advise the body and forward an amended list before the work entrusted to that subcontractor begins.

O.C. 846-2011, s. 6.

7. A contractor referred to in section 2 may not submit an attestation from Revenu Québec that contains false or inaccurate information, submit on the contractor’s own behalf the attestation of a third party, or falsely declare that the contractor does not hold the required attestation.

O.C. 846-2011, s. 7.

8. No person may help another person, by an act or omission, to contravene the provisions of the second paragraph of section 2 or of any of sections 5 to 7, or encourage, advise, allow, authorize or order the person to contravene those provisions.

O.C. 846-2011, s. 8.

9. Section 2 does not apply to a contractor who does not have in Québec an establishment where activities are carried on on a permanent basis, clearly identified under the contractor’s name and accessible during regular business hours.

It does not apply either where a supply contract, service contract or construction contract, or a construction subcontract referred to in the second paragraph of section 2, must be entered into by reason of an emergency that threatens human safety or property.

O.C. 846-2011, s. 9.

CHAPTER III OFFENCES

10. A violation of the second paragraph of section 2 or of any of sections 5 to 8 constitutes an offence.

O.C. 846-2011, s. 10.

CHAPTER IV APPLICATION BY THE MINISTER OF REVENUE

11. The Minister of Revenue is charged with the application and enforcement of the second paragraph of section 2, section 3, the second paragraph of section 4, sections 5 to 8, section 9 in the case of a subcontractor and section 10.

O.C. 846-2011, s. 11.

CHAPTER V TRANSITIONAL AND FINAL

12. Despite the first paragraph of section 4, a contractor remains eligible to submit a tender for a call for tenders whose tender closing time is prior to 1 December 2011 even if the contractor’s attestation is issued after tender closing time.

O.C. 846-2011, s. 12.

13. A violation of the second paragraph of section 2 or of any of sections 5 to 8 committed between 15 September 2011 and 15 March 2012 inclusively will result in the issue of a warning to the offender rather than a statement of offence.

O.C. 846-2011, s. 13.

14. This Regulation applies only to calls for tenders issued and contracts entered into by mutual agreement by a body as of 15 September 2011.

O.C. 846-2011, s. 14.

15. (Omitted).

O.C. 846-2011, s. 15.

REFERENCES

O.C. 846-2011, 2011 G.O. 2, 2541