A-33.2.1 - Act respecting the Autorité des marchés publics

Section 68 Disposition versions

2019-05-25

68. The functions and powers devolved to the Authority in respect of a municipal body, except those that concern the examination of the contract management of a public body referred to in subparagraph 4 of the first paragraph of section 21, are exercised, in respect of Ville de Montréal or a person or body referred to in the second paragraph, by the inspector general of Ville de Montréal. In such a case, the inspector general is substituted for the Authority for the purposes of this Act, with the necessary modifications. The inspector general is bound by the same obligations that would apply to the Authority in the exercise of those functions and powers.

The persons and bodies referred to in the first paragraph are the following:

(1)  a legal person referred to in subparagraph 1 of the fifth paragraph of section 57.1.9 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(2)  a person or body related to the city under section 70; and

(3)  a body referred to in section 573.3.5 of the Cities and Towns Act (chapter C-19) if

(a)  the body referred to in subparagraph 1 of the first paragraph of that section is the mandatary or agent of Ville de Montréal;

(b)  in accordance with subparagraph 2 of the first paragraph of that section, the majority of the members of its board of directors are members of the council of Ville de Montréal or appointed by Ville de Montréal;

(c)  its budget is adopted or approved by Ville de Montréal;

(d)  the body referred to in subparagraph 4 of the first paragraph of that section receives the largest share of all the funds it receives from municipalities from Ville de Montréal; or

(e)  the body designated under subparagraph 5 of the first paragraph of that section has its principal place of business in the territory of Ville de Montréal.

The city and a body or person referred to in the second paragraph are bound by the same obligations toward the inspector general as those by which a municipal body would be bound toward the Authority, and the Authority does not exercise any function or power in respect of the city or the body or person, unless the city, body or person is designated under subparagraph 4 of the first paragraph of section 21.

Despite the first and third paragraphs, the Authority may make any recommendation to the inspector general, in particular to ensure that coherence is maintained in the decisions and recommendations made in the examination of the tendering or awarding process for public contracts and the examination of the performance of public contracts.

In addition, the city, the inspector general and any person or body referred to in the second paragraph must send the Authority any document or information necessary for the purposes of the fourth paragraph of this section and subparagraph 7 of the first paragraph of section 31.

The exercise of the functions and powers provided for in the first paragraph in respect of a contracting process or a contract does not prevent the inspector general from exercising, in respect of the same process or contract, the same functions and powers devolved to the inspector under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec.

Penal proceedings for an offence under this Act that the inspector general has uncovered may be brought by Ville de Montréal.

The Government may, at any time, order that the first paragraph not apply in respect of Ville de Montréal or of a person or body referred to in that paragraph.

2017, c. 27, s. 68.

Not in force

In force: 2019-05-25

68. The functions and powers devolved to the Authority in respect of a municipal body, except those that concern the examination of the contract management of a public body referred to in subparagraph 4 of the first paragraph of section 21, are exercised, in respect of Ville de Montréal or a person or body referred to in the second paragraph, by the inspector general of Ville de Montréal. In such a case, the inspector general is substituted for the Authority for the purposes of this Act, with the necessary modifications. The inspector general is bound by the same obligations that would apply to the Authority in the exercise of those functions and powers.

The persons and bodies referred to in the first paragraph are the following:

(1)  a legal person referred to in subparagraph 1 of the fifth paragraph of section 57.1.9 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(2)  a person or body related to the city under section 70; and

(3)  a body referred to in section 573.3.5 of the Cities and Towns Act (chapter C-19) if

(a)  the body referred to in subparagraph 1 of the first paragraph of that section is the mandatary or agent of Ville de Montréal;

(b)  in accordance with subparagraph 2 of the first paragraph of that section, the majority of the members of its board of directors are members of the council of Ville de Montréal or appointed by Ville de Montréal;

(c)  its budget is adopted or approved by Ville de Montréal;

(d)  the body referred to in subparagraph 4 of the first paragraph of that section receives the largest share of all the funds it receives from municipalities from Ville de Montréal; or

(e)  the body designated under subparagraph 5 of the first paragraph of that section has its principal place of business in the territory of Ville de Montréal.

The city and a body or person referred to in the second paragraph are bound by the same obligations toward the inspector general as those by which a municipal body would be bound toward the Authority, and the Authority does not exercise any function or power in respect of the city or the body or person, unless the city, body or person is designated under subparagraph 4 of the first paragraph of section 21.

Despite the first and third paragraphs, the Authority may make any recommendation to the inspector general, in particular to ensure that coherence is maintained in the decisions and recommendations made in the examination of the tendering or awarding process for public contracts and the examination of the performance of public contracts.

In addition, the city, the inspector general and any person or body referred to in the second paragraph must send the Authority any document or information necessary for the purposes of the fourth paragraph of this section and subparagraph 7 of the first paragraph of section 31.

The exercise of the functions and powers provided for in the first paragraph in respect of a contracting process or a contract does not prevent the inspector general from exercising, in respect of the same process or contract, the same functions and powers devolved to the inspector under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec.

Penal proceedings for an offence under this Act that the inspector general has uncovered may be brought by Ville de Montréal.

The Government may, at any time, order that the first paragraph not apply in respect of Ville de Montréal or of a person or body referred to in that paragraph.

2017, c. 27, s. 68.

Not in force

Not in force

68. The functions and powers devolved to the Authority in respect of a municipal body, except those that concern the examination of the contract management of a public body referred to in subparagraph 4 of the first paragraph of section 21, are exercised, in respect of Ville de Montréal or a person or body referred to in the second paragraph, by the inspector general of Ville de Montréal. In such a case, the inspector general is substituted for the Authority for the purposes of this Act, with the necessary modifications. The inspector general is bound by the same obligations that would apply to the Authority in the exercise of those functions and powers.

The persons and bodies referred to in the first paragraph are the following:

(1)  a legal person referred to in subparagraph 1 of the fifth paragraph of section 57.1.9 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(2)  a person or body related to the city under section 70; and

(3)  a body referred to in section 573.3.5 of the Cities and Towns Act (chapter C-19) if

(a)  the body referred to in subparagraph 1 of the first paragraph of that section is the mandatary or agent of Ville de Montréal;

(b)  in accordance with subparagraph 2 of the first paragraph of that section, the majority of the members of its board of directors are members of the council of Ville de Montréal or appointed by Ville de Montréal;

(c)  its budget is adopted or approved by Ville de Montréal;

(d)  the body referred to in subparagraph 4 of the first paragraph of that section receives the largest share of all the funds it receives from municipalities from Ville de Montréal; or

(e)  the body designated under subparagraph 5 of the first paragraph of that section has its principal place of business in the territory of Ville de Montréal.

The city and a body or person referred to in the second paragraph are bound by the same obligations toward the inspector general as those by which a municipal body would be bound toward the Authority, and the Authority does not exercise any function or power in respect of the city or the body or person, unless the city, body or person is designated under subparagraph 4 of the first paragraph of section 21.

Despite the first and third paragraphs, the Authority may make any recommendation to the inspector general, in particular to ensure that coherence is maintained in the decisions and recommendations made in the examination of the tendering or awarding process for public contracts and the examination of the performance of public contracts.

In addition, the city, the inspector general and any person or body referred to in the second paragraph must send the Authority any document or information necessary for the purposes of the fourth paragraph of this section and subparagraph 7 of the first paragraph of section 31.

The exercise of the functions and powers provided for in the first paragraph in respect of a contracting process or a contract does not prevent the inspector general from exercising, in respect of the same process or contract, the same functions and powers devolved to the inspector under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal, metropolis of Québec.

Penal proceedings for an offence under this Act that the inspector general has uncovered may be brought by Ville de Montréal.

The Government may, at any time, order that the first paragraph not apply in respect of Ville de Montréal or of a person or body referred to in that paragraph.

2017, c. 27, s. 68.