A-33.2.1 - Act respecting the Autorité des marchés publics

Section 31 Disposition versions

2022-06-02

31. The Authority may also

(1)  make recommendations to the Chair of the Conseil du trésor or the minister responsible for municipal affairs on the tendering or awarding processes for public contracts and give its opinion on any question submitted to it by the Chair or the minister concerning matters under the Authority’s jurisdiction;

(2)  make recommendations to the chief executive officer of a public body on the tendering or awarding processes for a contract, on the performance of a contract or, when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, on the body’s contract management, which may propose corrective measures, appropriate follow-up and any other measures, such as oversight and monitoring measures;

(3)  recommend to the Conseil du trésor that it require, on the conditions it determines, that a public body, other than a municipal body,

(a)  associate itself with another public body designated by the Conseil du trésor for the tendering or awarding processes the Conseil indicates, or

(b)  entrust to another public body designated by the Conseil du trésor the responsibility of conducting the tendering or awarding processes the Conseil indicates;

(4)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government determine, in accordance with section 21.17.1 of the Act respecting contracting by public bodies (chapter C-65.1), other public contracts, categories of public contracts or groups of public contracts, including public subcontracts, for which an authorization to contract is required;

(5)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government require, in accordance with section 21.17.2 of the Act respecting contracting by public bodies, an enterprise party to a public contract or subcontract that is in process to obtain an authorization to contract;

(6)  recommend to the minister responsible for municipal affairs

(a)  that the minister intervene under section 7 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), or

(b)  that the minister give, under section 14 of that Act, any instructions the minister considers appropriate to the council or board of a municipal body, in which case the prior verification or investigation referred to in that section is not required; and

(7)  as part of its monitoring of public contracts and subcontracts, collect, compile and analyze information on such contracts and subcontracts and disseminate the resulting findings among the public bodies.

Subparagraph 3 of the first paragraph does not apply to bodies of the administrative branch established to exercise adjudicative functions and does not apply to bodies described in section 7 of the Act respecting contracting by public bodies to the extent that it concerns a tendering process.

For the purposes of subparagraphs 3 to 6 of the first paragraph, the Authority must send a copy of the record it has established to the Conseil du trésor, the Chair of the Conseil du trésor or the minister responsible for municipal affairs.

Recommendations made by the Authority under subparagraph 2 of the first paragraph are public and must be made available by the Authority on its website.

2017, c. 27, s. 31; 2022, c. 18, s. 69.

2019-05-25

31. The Authority may also

(1)  make recommendations to the Chair of the Conseil du trésor or the minister responsible for municipal affairs on the tendering or awarding processes for public contracts and give its opinion on any question submitted to it by the Chair or the minister concerning matters under the Authority’s jurisdiction;

(2)  make recommendations to the chief executive officer of a public body on the tendering or awarding processes for a contract, on the performance of a contract or, when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, on the body’s contract management, which may propose corrective measures, appropriate follow-up and any other measures, such as oversight and monitoring measures;

(3)  recommend to the Conseil du trésor that it require, on the conditions it determines, that a public body, other than a municipal body,

(a)  associate itself with another public body designated by the Conseil du trésor for the tendering or awarding processes the Conseil indicates, or

(b)  entrust to another public body designated by the Conseil du trésor the responsibility of conducting the tendering or awarding processes the Conseil indicates;

(4)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government determine, in accordance with section 21.17.1 of the Act respecting contracting by public bodies (chapter C-65.1), other public contracts, categories of public contracts or groups of public contracts, including public subcontracts, for which an authorization to contract is required;

(5)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government require, in accordance with section 21.17.2 of the Act respecting contracting by public bodies, an enterprise party to a public contract or subcontract that is in process to obtain an authorization to contract;

(6)  recommend to the minister responsible for municipal affairs

(a)  that the minister intervene under section 7 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), or

(b)  that the minister give, under section 14 of that Act, any instructions the minister considers appropriate to the council or board of a municipal body, in which case the prior verification or investigation referred to in that section is not required; and

(7)  as part of its monitoring of public contracts, collect, compile and analyze information on such contracts and disseminate the resulting findings among the public bodies.

Subparagraph 3 of the first paragraph does not apply to bodies of the administrative branch established to exercise adjudicative functions and does not apply to bodies described in section 7 of the Act respecting contracting by public bodies to the extent that it concerns a tendering process.

For the purposes of subparagraphs 3 to 6 of the first paragraph, the Authority must send a copy of the record it has established to the Conseil du trésor, the Chair of the Conseil du trésor or the minister responsible for municipal affairs.

Recommendations made by the Authority under subparagraph 2 of the first paragraph are public and must be made available by the Authority on its website.

2017, c. 27, s. 31.

2019-01-25

31. The Authority may also

(1)  make recommendations to the Chair of the Conseil du trésor or the minister responsible for municipal affairs on the tendering or awarding processes for public contracts and give its opinion on any question submitted to it by the Chair or the minister concerning matters under the Authority’s jurisdiction;

(2)  make recommendations to the chief executive officer of a public body on the tendering or awarding processes for a contract, on the performance of a contract or, when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, on the body’s contract management, which may propose corrective measures, appropriate follow-up and any other measures, such as oversight and monitoring measures;

(3)  recommend to the Conseil du trésor that it require, on the conditions it determines, that a public body, other than a municipal body,

(a)  associate itself with another public body designated by the Conseil du trésor for the tendering or awarding processes the Conseil indicates, or

(b)  entrust to another public body designated by the Conseil du trésor the responsibility of conducting the tendering or awarding processes the Conseil indicates;

(4)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government determine, in accordance with section 21.17.1 of the Act respecting contracting by public bodies (chapter C-65.1), other public contracts, categories of public contracts or groups of public contracts, including public subcontracts, for which an authorization to contract is required;

(5)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government require, in accordance with section 21.17.2 of the Act respecting contracting by public bodies, an enterprise party to a public contract or subcontract that is in process to obtain an authorization to contract;

(6)  recommend to the minister responsible for municipal affairs

(a)  that the minister intervene under section 7 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), or

(b)  that the minister give, under section 14 of that Act, any instructions the minister considers appropriate to the council or board of a municipal body, in which case the prior verification or investigation referred to in that section is not required; and

In force: 2019-05-25

(7)  as part of its monitoring of public contracts, collect, compile and analyze information on such contracts and disseminate the resulting findings among the public bodies.

Subparagraph 3 of the first paragraph does not apply to bodies of the administrative branch established to exercise adjudicative functions and does not apply to bodies described in section 7 of the Act respecting contracting by public bodies to the extent that it concerns a tendering process.

For the purposes of subparagraphs 3 to 6 of the first paragraph, the Authority must send a copy of the record it has established to the Conseil du trésor, the Chair of the Conseil du trésor or the minister responsible for municipal affairs.

Recommendations made by the Authority under subparagraph 2 of the first paragraph are public and must be made available by the Authority on its website.

2017, c. 27, s. 31.

Not in force

Not in force

31. The Authority may also

(1)  make recommendations to the Chair of the Conseil du trésor or the minister responsible for municipal affairs on the tendering or awarding processes for public contracts and give its opinion on any question submitted to it by the Chair or the minister concerning matters under the Authority’s jurisdiction;

(2)  make recommendations to the chief executive officer of a public body on the tendering or awarding processes for a contract, on the performance of a contract or, when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, on the body’s contract management, which may propose corrective measures, appropriate follow-up and any other measures, such as oversight and monitoring measures;

(3)  recommend to the Conseil du trésor that it require, on the conditions it determines, that a public body, other than a municipal body,

(a)  associate itself with another public body designated by the Conseil du trésor for the tendering or awarding processes the Conseil indicates, or

(b)  entrust to another public body designated by the Conseil du trésor the responsibility of conducting the tendering or awarding processes the Conseil indicates;

(4)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government determine, in accordance with section 21.17.1 of the Act respecting contracting by public bodies (chapter C-65.1), other public contracts, categories of public contracts or groups of public contracts, including public subcontracts, for which an authorization to contract is required;

(5)  recommend to the Chair of the Conseil du trésor or the minister responsible for municipal affairs that the Chair or minister recommend to the Government that the Government require, in accordance with section 21.17.2 of the Act respecting contracting by public bodies, an enterprise party to a public contract or subcontract that is in process to obtain an authorization to contract;

(6)  recommend to the minister responsible for municipal affairs

(a)  that the minister intervene under section 7 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), or

(b)  that the minister give, under section 14 of that Act, any instructions the minister considers appropriate to the council or board of a municipal body, in which case the prior verification or investigation referred to in that section is not required; and

(7)  as part of its monitoring of public contracts, collect, compile and analyze information on such contracts and disseminate the resulting findings among the public bodies.

Subparagraph 3 of the first paragraph does not apply to bodies of the administrative branch established to exercise adjudicative functions and does not apply to bodies described in section 7 of the Act respecting contracting by public bodies to the extent that it concerns a tendering process.

For the purposes of subparagraphs 3 to 6 of the first paragraph, the Authority must send a copy of the record it has established to the Conseil du trésor, the Chair of the Conseil du trésor or the minister responsible for municipal affairs.

Recommendations made by the Authority under subparagraph 2 of the first paragraph are public and must be made available by the Authority on its website.

2017, c. 27, s. 31.