A-33.2.1 - Act respecting the Autorité des marchés publics

Section 46 Disposition versions

2019-05-25

46. The Authority dismisses a complaint if

(1)  it considers the complaint to be abusive, frivolous or clearly unfounded;

(2)  the complaint has not been sent in accordance with section 45 or has been filed late;

(3)  the complainant does not have the required interest;

(4)  the complaint concerns an amendment made to the tender documents in accordance with an order or recommendation of the Authority;

(5)  the complainant should have first filed a complaint with or expressed its interest to the public body;

(6)  the complainant refuses or neglects to provide, within the time specified by the Authority, the information or documents that the Authority requires; or

(7)  the complainant is pursuing or has pursued a judicial remedy based on the same facts as those set out in the complaint.

In all cases, the Authority must inform the complainant and give the reasons for its decision in writing. It must also send its decision to the public body concerned if the complaint was dismissed after the body’s observations were obtained.

If the Authority dismisses a complaint under subparagraph 2, 3 or 5 of the first paragraph, the information sent by the complainant is deemed to have been communicated to the Authority under section 56.

Despite the preceding paragraphs, the Authority may, in exceptional circumstances, consider a complaint that has not been filed in accordance with section 45 or that has been filed late to be admissible if the Authority considers it relevant to examine the complaint. For the purposes of this paragraph, the examination of a complaint is relevant in such cases as when the complaint concerns a tendering process and is filed before the tender closing date.

2017, c. 27, s. 46.

Not in force

In force: 2019-05-25

46. The Authority dismisses a complaint if

(1)  it considers the complaint to be abusive, frivolous or clearly unfounded;

(2)  the complaint has not been sent in accordance with section 45 or has been filed late;

(3)  the complainant does not have the required interest;

(4)  the complaint concerns an amendment made to the tender documents in accordance with an order or recommendation of the Authority;

(5)  the complainant should have first filed a complaint with or expressed its interest to the public body;

(6)  the complainant refuses or neglects to provide, within the time specified by the Authority, the information or documents that the Authority requires; or

(7)  the complainant is pursuing or has pursued a judicial remedy based on the same facts as those set out in the complaint.

In all cases, the Authority must inform the complainant and give the reasons for its decision in writing. It must also send its decision to the public body concerned if the complaint was dismissed after the body’s observations were obtained.

If the Authority dismisses a complaint under subparagraph 2, 3 or 5 of the first paragraph, the information sent by the complainant is deemed to have been communicated to the Authority under section 56.

Despite the preceding paragraphs, the Authority may, in exceptional circumstances, consider a complaint that has not been filed in accordance with section 45 or that has been filed late to be admissible if the Authority considers it relevant to examine the complaint. For the purposes of this paragraph, the examination of a complaint is relevant in such cases as when the complaint concerns a tendering process and is filed before the tender closing date.

2017, c. 27, s. 46.

Not in force

Not in force

46. The Authority dismisses a complaint if

(1)  it considers the complaint to be abusive, frivolous or clearly unfounded;

(2)  the complaint has not been sent in accordance with section 45 or has been filed late;

(3)  the complainant does not have the required interest;

(4)  the complaint concerns an amendment made to the tender documents in accordance with an order or recommendation of the Authority;

(5)  the complainant should have first filed a complaint with or expressed its interest to the public body;

(6)  the complainant refuses or neglects to provide, within the time specified by the Authority, the information or documents that the Authority requires; or

(7)  the complainant is pursuing or has pursued a judicial remedy based on the same facts as those set out in the complaint.

In all cases, the Authority must inform the complainant and give the reasons for its decision in writing. It must also send its decision to the public body concerned if the complaint was dismissed after the body’s observations were obtained.

If the Authority dismisses a complaint under subparagraph 2, 3 or 5 of the first paragraph, the information sent by the complainant is deemed to have been communicated to the Authority under section 56.

Despite the preceding paragraphs, the Authority may, in exceptional circumstances, consider a complaint that has not been filed in accordance with section 45 or that has been filed late to be admissible if the Authority considers it relevant to examine the complaint. For the purposes of this paragraph, the examination of a complaint is relevant in such cases as when the complaint concerns a tendering process and is filed before the tender closing date.

2017, c. 27, s. 46.