s-4 - Act respecting the Service des achats du gouvernement

Updated to 11 November 1999

This document has official status.

chapter S-4

Act respecting the Service des achats du gouvernement

1. In this Act:

(a)  “Minister” designates the Minister responsible for the administration of the Act respecting government services to departments and public bodies (chapter S-6.1);

(b)  “Director” designates the director general of purchasing appointed under section 3;

(c)  “Service” designates the general purchasing service contemplated under section 2.

R. S. 1964, c. 18, s. 1; 1973, c. 27, s. 17; 1983, c. 40, s. 85; 1986, c. 52, s. 23; 1994, c. 18, s. 45; 1999, c. 40, s. 267.

2. A general purchasing service called Le Service des achats du gouvernement is hereby established.

R. S. 1964, c. 18, s. 2; 1977, c. 5, s. 14; 1986, c. 52, s. 24; 1994, c. 18, s. 46.

3. The service is under the responsibility of the Minister and is composed of members of the department or body designated under section 6 of the Act respecting government services to departments and public bodies (chapter S-6.1).

The Government shall designate from among those members the director general of purchasing to manage the service.

R. S. 1964, c. 18, s. 3; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 40, s. 86; 1983, c. 55, s. 161; 1994, c. 18, s. 47; 1999, c. 40, s. 267.

3.1. (Repealed).

1984, c. 47, s. 161; 1994, c. 18, s. 48.

3.2. The signature of the Director gives authority to any document within the competence of the service.

1984, c. 47, s. 161.

3.3. No deed, document or writing is binding on the Director unless it is signed by the Minister, by the Director or by a public servant in the service but in the case of the public servant, only to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

1984, c. 47, s. 161.

3.4. The Government may, by regulation published in the Gazette officielle du Québec allow, on the conditions it determines, the signature to be affixed by means of an automatic device to the documents it determines.

The Government may, similarly, allow a facsimile of a signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be authenticated by the signature of a person authorized by the Minister.

1984, c. 47, s. 161.

3.5. Every document or a copy of a document emanating from the service, or from the archives of the service, signed and certified by a person contemplated in section 3.3, is authentic.

1984, c. 47, s. 161.

4. The Director shall purchase and hire movable property for the departments of the Government. The Director shall alienate such property when it is no longer needed.

Notwithstanding the first paragraph, a department may, on the conditions determined by regulation of the Government or the Conseil du trésor, purchase, hire and alienate movable property.

The Director may, at their request, purchase and hire movable property for the following persons :

(1)  the legal persons in the education, higher education and health care and social services sectors and universities ;

(2)   the municipal bodies referred to in section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

R. S. 1964, c. 18, s. 4; 1977, c. 5, s. 14; 1985, c. 30, s. 87; 1991, c. 72, s. 10; 1999, c. 40, s. 267; 1999, c. 59, s. 41.

4.1. The Director shall also carry out any other mandate related to purchasing and services entrusted to him by the Government.

1985, c. 30, s. 87.

4.2. Where so mandated by the Attorney General, the Director shall manage and, as the case may be, dispose of property referred to in section 32.17 of the Act respecting the Ministère de la Justice (chapter M-19).

The Director shall deliver the net proceeds from the disposed property to the Attorney General.

1996, c. 64, s. 4.

5. The Minister shall see to the application and carrying out of every policy adopted by the Government respecting the purchases contemplated by this Act.

1973, c. 27, s. 18; 1977, c. 5, s. 14; 1983, c. 40, s. 87.

6. This Act shall apply, in addition, to the National Assembly and to any organization appertaining to the Government which the Government may designate.

R. S. 1964, c. 18, s. 5; 1968, c. 9, s. 90; 1977, c. 5, s. 14; 1982, c. 62, s. 164.

7. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 18 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-4 of the Revised Statutes.