B-1.1 - Building Act

Section 65.1 Disposition versions

2022-12-02

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

The Board shall also indicate on the licence that it contains a restriction as regards the obtention of a public contract

(1)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60 has been convicted, in the last five years,

(a)  of an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);

(b)  of an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or

(c)  of an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(2)  (subparagraph repealed);

(3)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60, has, in the last five years, been convicted of an offence under any of sections 62, 62.0.1 and 62.1 of the Tax Administration Act (chapter A-6.002), section 68 or 68.0.1 of that Act insofar as it is related to any of those sections, section 239 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) or section 327 of the Excise Tax Act (R.S.C. 1985, c. E-15);

(4)  if an officer of the licence holder is also an officer of a partnership or a legal person whose licence contains a restriction as regards the obtention of a public contract and for the same period of time, unless the licence holder proves to the Board that the offence that resulted in the restriction was not committed in the exercise of the person’s functions within the partnership or legal person; or

(5)  if the licence holder is named in the register of enterprises ineligible for public contracts under the Act respecting contracting by public bodies (chapter C-65.1) except in the case of a temporary registration.

Despite subparagraph 1 of the second paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, the licence contains a restriction until five years have elapsed since the end of the term of imprisonment imposed by the sentence.

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8; 2009, c. 57, s. 4; 2011, c. 18, s. 40; 2011, c. 35, s. 7; 2018, c. 13, s. 16; 2022, c. 18, s. 88.

2018-09-04

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

The Board shall also indicate on the licence that it contains a restriction as regards the obtention of a public contract

(1)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60 has been convicted, in the last five years,

(a)  of an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);

(b)  of an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or

(c)  of an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(2)  (subparagraph repealed);

(3)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60, has, in the last five years, been convicted of an offence under any of sections 62, 62.0.1 and 62.1 of the Tax Administration Act (chapter A-6.002), section 68 or 68.0.1 of that Act insofar as it is related to any of those sections, section 239 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) or section 327 of the Excise Tax Act (R.S.C. 1985, c. E-15);

(4)  if an officer of the licence holder is also an officer of a partnership or a legal person whose licence contains a restriction as regards the obtention of a public contract and for the same period of time, unless the licence holder proves to the Board that the offence that resulted in the restriction was not committed in the exercise of the person’s functions within the partnership or legal person; or

(5)  if the licence holder is named in the register of enterprises ineligible for public contracts under the Act respecting contracting by public bodies (chapter C-65.1).

Despite subparagraph 1 of the second paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, the licence contains a restriction until five years have elapsed since the end of the term of imprisonment imposed by the sentence.

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8; 2009, c. 57, s. 4; 2011, c. 18, s. 40; 2011, c. 35, s. 7; 2018, c. 13, s. 16.

2011-12-09

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

The Board shall also indicate on the licence that it contains a restriction as regards the obtention of a public contract

(1)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60 has been convicted, in the last five years, under section 45 of the Competition Act (R.S.C. 1985, c. C-34) or sentenced, in the last five years, to five or more years of imprisonment under section 462.31 of the Criminal Code (R.S.C. 1985, c. C-46) or has been convicted, in the last five years, under paragraph a of subsection 1 of section 380 of that Code, subparagraph i of paragraph b of that subsection, any of sections 467.11 to 467.13 of that Code or section 5, 6 or 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19);

(2)  (subparagraph repealed);

(3)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60, has, in the last five years, been convicted of an offence under any of sections 62, 62.0.1 and 62.1 of the Tax Administration Act (chapter A-6.002), section 68 or 68.0.1 of that Act insofar as it is related to any of those sections, section 239 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) or section 327 of the Excise Tax Act (R.S.C. 1985, c. E-15); or

(4)  if an officer of the licence holder is also an officer of a partnership or a legal person whose licence contains a restriction as regards the obtention of a public contract and for the same period of time, unless the licence holder proves to the Board that the offence that resulted in the restriction was not committed in the exercise of the person’s functions within the partnership or legal person.

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8; 2009, c. 57, s. 4; 2011, c. 18, s. 40; 2011, c. 35, s. 7.

2011-06-13

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

The Board shall also indicate on the licence that it contains a restriction as regards the obtention of a public contract

(1)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60 has been convicted, in the last five years, under section 45 of the Competition Act (R.S.C. 1985, c. C-34) or sentenced, in the last five years, to five or more years of imprisonment under section 462.31 of the Criminal Code (R.S.C. 1985, c. C-46) or section 5, 6 or 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or

(2)  if, within a five-year period, the licence holder or, in the case of a partnership, one of its members or, in the case of a legal person, one of its directors, has been convicted of at least three offences under the Tax Administration Act (chapter A-6.002) or a government regulation under the Cities and Towns Act (chapter C-19), the Municipal Code of Québec (chapter C-27.1), the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02), the Act respecting contracting by public bodies (chapter C-65.1) or the Act respecting public transit authorities (chapter S-30.01), and those offences relate to a document regarding conformity with certain Acts and regulations that the licence holder must hold under one of those regulations.

The Agence du revenu du Québec shall send the Board the information necessary for the purposes of subparagraph 2 of the second paragraph if the conditions described in that subparagraph are met.

A restriction under subparagraph 2 of the second paragraph lasts three years from the time of its entry in the register provided for in section 66.

Only one restriction may be entered on the register for each conviction for an offence referred to in subparagraph 2 of the second paragraph.

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8; 2009, c. 57, s. 4; 2011, c. 18, s. 40.

2009-12-04

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

The Board shall also indicate on the licence that it contains a restriction as regards the obtention of a public contract when the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60 was convicted, in the last five years, under section 45 of the Competition Act (R.S.C. 1985, c. C-34) or sentenced, in the last five years, to five or more years of imprisonment under section 462.31 of the Criminal Code (R.S.C. 1985, c. C-46) or section 5, 6 or 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19).

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8; 2009, c. 57, s. 4.

2008-06-25

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8.

2007-06-08

65.1. The Board shall indicate, on the licence issued or renewed by the Board, whether the licence contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

1997, c. 85, s. 5; 2007, c. 3, s. 72.

1999-04-01

65.1. The Board shall indicate, on the licence issued or renewed by the Board, whether the licence contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20).

1997, c. 85, s. 5.