A-33.2.1 - Act respecting the Autorité des marchés publics

Section 49 Disposition versions

2022-06-02

49. The Authority has 14 days from the time it receives the public body’s observations to make its decision.

If the complaint cannot be processed within the time period specified in the first paragraph because of the complexity of the elements raised, the Authority determines such an additional time period as is sufficient to allow it to finish processing the complaint.

However, if the public body demonstrates to the Authority’s satisfaction that the additional time period determined under the second paragraph would prevent the body from properly fulfilling its mission, adversely affect the services offered to citizens, enterprises or other public bodies, result in a contravention of laws and regulations or raise any other public interest issue, the Authority then has only an additional period of seven days to make its decision unless it agrees with the body on a longer time period.

If the Authority fails to make a decision before the expiry of the additional time period determined under this section, it is deemed to have decided that, with regard to the elements raised in the complaint, the tendering or awarding process for the contract complies with the normative framework.

2017, c. 27, s. 49; 2022, c. 18, s. 72.

2019-01-25

49. The Authority has 10 days from the time it receives the public body’s observations to make its decision.

If the complaint cannot be processed within the time period specified in the first paragraph because of the complexity of the elements raised, the Authority determines such an additional time period as is sufficient to allow it to finish processing the complaint.

However, if the public body demonstrates to the Authority’s satisfaction that the additional time period determined under the second paragraph would prevent the body from properly fulfilling its mission, adversely affect the services offered to citizens, enterprises or other public bodies, result in a contravention of laws and regulations or raise any other public interest issue, the Authority then has only an additional period of five days to make its decision unless it agrees with the body on a longer time period.

If the Authority fails to make a decision before the expiry of the additional time period determined under this section, it is deemed to have decided that, with regard to the elements raised in the complaint, the tendering or awarding process for the contract complies with the normative framework.

2017, c. 27, s. 49.

Not in force

Not in force

49. The Authority has 10 days from the time it receives the public body’s observations to make its decision.

If the complaint cannot be processed within the time period specified in the first paragraph because of the complexity of the elements raised, the Authority determines such an additional time period as is sufficient to allow it to finish processing the complaint.

However, if the public body demonstrates to the Authority’s satisfaction that the additional time period determined under the second paragraph would prevent the body from properly fulfilling its mission, adversely affect the services offered to citizens, enterprises or other public bodies, result in a contravention of laws and regulations or raise any other public interest issue, the Authority then has only an additional period of five days to make its decision unless it agrees with the body on a longer time period.

If the Authority fails to make a decision before the expiry of the additional time period determined under this section, it is deemed to have decided that, with regard to the elements raised in the complaint, the tendering or awarding process for the contract complies with the normative framework.

2017, c. 27, s. 49.