B-1.1 - Building Act

Section 65.4 Disposition versions

2020-09-01

65.4. For the purposes of this Act, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school service centre, a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a public institution governed by the Act respecting health services and social services (chapter S-4.2), the health and social services network insurance manager referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177; 2016, c. 8, s. 50; 2017, c. 21, s. 76; 2018, c. 13, s. 17; 2020, c. 1, s. 309; 2020, c. 2, s. 11.

2020-06-15

65.4. For the purposes of this Act, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school service centre, a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a public institution governed by the Act respecting health services and social services (chapter S-4.2), a joint procurement group referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177; 2016, c. 8, s. 50; 2017, c. 21, s. 76; 2018, c. 13, s. 17; 2020, c. 1, s. 309.

2018-09-04

65.4. For the purposes of this Act, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a public institution governed by the Act respecting health services and social services (chapter S-4.2), a joint procurement group referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177; 2016, c. 8, s. 50; 2017, c. 21, s. 76; 2018, c. 13, s. 17.

2017-11-10

65.4. For the purposes of this subdivision, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a public institution governed by the Act respecting health services and social services (chapter S-4.2), a joint procurement group referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177; 2016, c. 8, s. 50; 2017, c. 21, s. 76.

2017-06-01

65.4. For the purposes of this subdivision, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a health and social services agency or a public institution under the Act respecting health services and social services (chapter S-4.2), a legal person or a joint procurement group referred to in section 383 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177; 2016, c. 8, s. 50.

2011-07-01

65.4. For the purposes of this subdivision, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a health and social services agency or a public institution under the Act respecting health services and social services (chapter S-4.2), a legal person or a joint procurement group referred to in section 383 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, an intermunicipal board of transport, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177.

2009-12-04

65.4. For the purposes of this subdivision, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a health and social services agency or a public institution under the Act respecting health services and social services (chapter S-4.2), a legal person or a joint procurement group referred to in section 383 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5), a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2) or the Corporation d’hébergement du Québec; or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, an intermunicipal board of transport, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5.

2008-10-01

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a public body referred to in any of subparagraphs 1 to 4 of the first paragraph of section 4 of the Act respecting contracting by public bodies (chapter C-65.1);

(2)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S‐4.2), an agency referred to in that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S‐5), or a regional council established under that Act;

(4)  a municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01), an intermunicipal transit management board, a municipal or intermunicipal transit authority, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31.

2006-01-01

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department or body to which a regulation made under Chapter V of the Public Administration Act (chapter A‐6.01) applies;

(2)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S‐4.2), an agency referred to in that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S‐5), or a regional council established under that Act;

(4)  a municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01), an intermunicipal transit management board, a municipal or intermunicipal transit authority, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308.

2003-02-28

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department or body to which a regulation made under Chapter V of the Public Administration Act (chapter A‐6.01) applies;

(2)  a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S‐4.2), a regional board established under that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S‐5), or a regional council established under that Act;

(4)  a municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01), an intermunicipal transit management board, a municipal or intermunicipal transit authority, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33.

2000-12-20

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department or body to which a regulation made under Chapter V of the Public Administration Act (chapter A‐6.01) applies;

(2)  a school board, the Conseil scolaire de l’Île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S‐4.2), a regional board established under that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S‐5), or a regional council established under that Act;

(4)  a municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01), an intermunicipal transit management board, a municipal or intermunicipal transit authority, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218.

2000-10-01

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department or body to which a regulation made under Chapter V of the Public Administration Act (chapter A‐6.01) applies;

(2)  a school board, the Conseil scolaire de l’Île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S‐4.2), a regional board established under that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S‐5), or a regional council established under that Act;

(4)  a municipality, an urban community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01), an intermunicipal transit management board, a municipal or intermunicipal transit authority, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104.

1999-10-22

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department or a public body as defined in section 49 of the Financial Administration Act (chapter A‐6), with the exception of a public body that is exempted under section 49.3.1 of that Act;

(2)  a school board, the Conseil scolaire de l’Île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S‐4.2), a regional board established under that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S‐5), or a regional council established under that Act;

(4)  a municipality, an urban community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01), an intermunicipal transit management board, a municipal or intermunicipal transit authority, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5; 1999, c. 40, s. 37.

1999-04-01

65.4. For the purposes of this subdivision, a public contract is a construction contract and any subcontract for construction that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department or a public body as defined in section 49 of the Financial Administration Act (chapter A-6), with the exception of a public body that is exempted under section 49.3.1 of that Act;

(2)  a school board, the Conseil scolaire de l’Île de Montréal or a general and vocational college;

(3)  a public institution under the Act respecting health services and social services (chapter S-4.2), a regional board established under that Act, the Corporation d’hébergement du Québec referred to in section 471 of that Act, a public institution under the Act respecting health services and social services for Cree Native persons (chapter S-5), or a regional council established under that Act;

(4)  a municipality, an urban community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal transit management board, a municipal or intermunicipal transit corporation, an intermunicipal board of transport, or any other body whose board of directors is composed in the majority of elected municipal officers, where the Government, a government department or body makes a grant to them or ensures the payment thereof in relation to the construction project that is the subject of the contract.

1997, c. 85, s. 5.