A-33.2.1 - Act respecting the Autorité des marchés publics

Section 21 Disposition versions

2022-06-02

21. The Authority’s functions are

(1)  to examine the tendering or awarding process for a public contract following a complaint under Division I or II of Chapter IV, for the purposes of an intervention under Chapter V or following a communication of information under Chapter VI;

(1.1)  to receive and process applications filed under Division V of Chapter IV;

(2)  to examine the performance of a public contract following an intervention or a communication of information under subparagraph 1;

(3)  to ensure coherence is maintained in the examination of tendering and awarding processes for public contracts and in the examination of the performance of such contracts;

(4)  to examine the contract management of a public body the Authority designates or of a public body designated by the Government, in particular the definition of procurement requirements, contract awarding processes, contract performance and accountability reporting;

(5)  to monitor public contracts and subcontracts particularly for the purpose of analyzing procurement trends and public bodies’ contracting practices and identifying problematic situations that affect competition;

(6)  to exercise the functions assigned to it under Chapters V.1, V.3 and VIII.2 of the Act respecting contracting by public bodies (chapter C-65.1) and, in particular, to keep the register of enterprises ineligible for public contracts and the register of enterprises authorized to contract; and

(7)  to exercise any other function determined by the Government in relation to the Authority’s mission.

For the purposes of subparagraph 4 of the first paragraph, the Authority may designate a public body only if the exercise of the functions set out in subparagraphs 1 and 2 of the first paragraph has revealed repeated failures to comply with the normative framework, pointing to significant deficiencies in contract management matters.

The Government or the Authority, as the case may be, determines the conditions under which and the manner in which an examination of a public body’s contract management under subparagraph 4 of the first paragraph is to be conducted. The conditions and manner are published on the Authority’s website.

2017, c. 27, s. 21; 2022, c. 18, s. 63.

For the application of subparagraph 6 of the first paragraph, see 2017, c. 27, s. 286, par. (4).

2019-05-25

21. The Authority’s functions are

(1)  to examine the tendering or awarding process for a public contract following a complaint under Division I or II of Chapter IV, for the purposes of an intervention under Chapter V or following a communication of information under Chapter VI;

(2)  to examine the performance of a public contract following an intervention or a communication of information under subparagraph 1;

(3)  to ensure coherence is maintained in the examination of tendering and awarding processes for public contracts and in the examination of the performance of such contracts;

(4)  to examine the contract management of a public body the Authority designates or of a public body designated by the Government, in particular the definition of procurement requirements, contract awarding processes, contract performance and accountability reporting;

(5)  to monitor public contracts particularly for the purpose of analyzing procurement trends and public bodies’ contracting practices and identifying problematic situations that affect competition;

(6)  to exercise the functions assigned to it under Chapters V.1 to V.3 of the Act respecting contracting by public bodies (chapter C-65.1) and, in particular, to keep the register of enterprises ineligible for public contracts and the register of enterprises authorized to enter into a public contract or subcontract; and

(7)  to exercise any other function determined by the Government in relation to the Authority’s mission.

For the purposes of subparagraph 4 of the first paragraph, the Authority may designate a public body only if the exercise of the functions set out in subparagraphs 1 and 2 of the first paragraph has revealed repeated failures to comply with the normative framework, pointing to significant deficiencies in contract management matters.

The Government or the Authority, as the case may be, determines the conditions under which and the manner in which an examination of a public body’s contract management under subparagraph 4 of the first paragraph is to be conducted. The conditions and manner are published on the Authority’s website.

2017, c. 27, s. 21.

For the application of subparagraph 6 of the first paragraph, see 2017, c. 27, s. 286, par. (4).

2019-01-25

21. The Authority’s functions are

(1)  to examine the tendering or awarding process for a public contract following a complaint under Division I or II of Chapter IV, for the purposes of an intervention under Chapter V or following a communication of information under Chapter VI;

(2)  to examine the performance of a public contract following an intervention or a communication of information under subparagraph 1;

In force: 2019-05-25

(3)  to ensure coherence is maintained in the examination of tendering and awarding processes for public contracts and in the examination of the performance of such contracts;

(4)  to examine the contract management of a public body the Authority designates or of a public body designated by the Government, in particular the definition of procurement requirements, contract awarding processes, contract performance and accountability reporting;

In force: 2019-05-25

(5)  to monitor public contracts particularly for the purpose of analyzing procurement trends and public bodies’ contracting practices and identifying problematic situations that affect competition;

(6)  to exercise the functions assigned to it under Chapters V.1 to V.3 of the Act respecting contracting by public bodies (chapter C-65.1) and, in particular, to keep the register of enterprises ineligible for public contracts and the register of enterprises authorized to enter into a public contract or subcontract; and

In force: 2019-05-25

(7)  to exercise any other function determined by the Government in relation to the Authority’s mission.

In force: 2019-05-25

For the purposes of subparagraph 4 of the first paragraph, the Authority may designate a public body only if the exercise of the functions set out in subparagraphs 1 and 2 of the first paragraph has revealed repeated failures to comply with the normative framework, pointing to significant deficiencies in contract management matters.

The Government or the Authority, as the case may be, determines the conditions under which and the manner in which an examination of a public body’s contract management under subparagraph 4 of the first paragraph is to be conducted. The conditions and manner are published on the Authority’s website.

2017, c. 27, s. 21.

For the application of subparagraphs 1 and 2 of the first paragraph, see S.Q. 2017, c. 27, s. 286, pars. (2) and (3).

For the application of subparagraph 6 of the first paragraph, see S.Q. 2017, c. 27, s. 286, par. (4).

Not in force

Not in force

21. The Authority’s functions are

(1)  to examine the tendering or awarding process for a public contract following a complaint under Division I or II of Chapter IV, for the purposes of an intervention under Chapter V or following a communication of information under Chapter VI;

(2)  to examine the performance of a public contract following an intervention or a communication of information under subparagraph 1;

(3)  to ensure coherence is maintained in the examination of tendering and awarding processes for public contracts and in the examination of the performance of such contracts;

(4)  to examine the contract management of a public body the Authority designates or of a public body designated by the Government, in particular the definition of procurement requirements, contract awarding processes, contract performance and accountability reporting;

(5)  to monitor public contracts particularly for the purpose of analyzing procurement trends and public bodies’ contracting practices and identifying problematic situations that affect competition;

(6)  to exercise the functions assigned to it under Chapters V.1 to V.3 of the Act respecting contracting by public bodies (chapter C-65.1) and, in particular, to keep the register of enterprises ineligible for public contracts and the register of enterprises authorized to enter into a public contract or subcontract; and

(7)  to exercise any other function determined by the Government in relation to the Authority’s mission.

For the purposes of subparagraph 4 of the first paragraph, the Authority may designate a public body only if the exercise of the functions set out in subparagraphs 1 and 2 of the first paragraph has revealed repeated failures to comply with the normative framework, pointing to significant deficiencies in contract management matters.

The Government or the Authority, as the case may be, determines the conditions under which and the manner in which an examination of a public body’s contract management under subparagraph 4 of the first paragraph is to be conducted. The conditions and manner are published on the Authority’s website.

2017, c. 27, s. 21.