A-2.001 - Act respecting the acceleration of certain infrastructure projects

Section 7 Disposition versions

2020-12-11

7. When an audit or investigation conducted in accordance with this chapter or with the Act respecting the Autorité des marchés publics (chapter A-33.2.1) is concluded, the Authority may

(1)  order a public body to take corrective measures, perform appropriate follow-up or implement any other measures, such as oversight and support measures, to ensure that a public contract is performed in compliance with the requirements specified in the tender documents or other contractual documents, and require that it be informed in writing, within the time specified, of the measures taken by the public body to comply with such a decision; and

(2)  suspend the performance of any public contract for the time it specifies or resiliate such a contract if it is of the opinion that the seriousness of the breaches observed justifies suspending or resiliating the contract.

The Authority must publish a decision made under the first paragraph on its website.

Section 30 of the Act respecting the Autorité des marchés publics applies to a decision made under subparagraph 2 of the first paragraph, with the necessary modifications.

Despite the first paragraph, if the audit or investigation concerns a municipal body, the Authority’s decision takes the form of a recommendation to the body’s council or board.

When an investigation conducted in accordance with the first paragraph of section 5 of this Act is concluded, the Authority may, in addition to the powers provided for in the first paragraph, exercise the powers under sections 29 and 31 of the Act respecting the Autorité des marchés publics, on the conditions set out in those sections.

If the Authority issues a recommendation under this section, it may exercise the power provided for in section 35 of the Act respecting the Autorité des marchés publics.

2020, c. 27, s. 7.