C-19 - Cities and Towns Act

Section 116.0.1 Disposition versions

2024-08-01

116.0.1. Subparagraph 4 of the first paragraph of section 116 does not apply to a contract whose object is the acquisition or leasing of goods from a business in which one of the municipality’s officers or employees holds an interest, in either of the following cases:

(1)  the business concerned is the only one in the territory of the municipality that offers the type of goods that the municipality wishes to acquire or lease and it is closer to the place where the sittings of the council are held than any other business offering the same type of goods that is situated in the territory of a neighbouring municipality; or

(2)  where there is no business in the territory of the municipality that offers the type of goods that the municipality wishes to acquire or lease, the business concerned is situated in the territory of a neighbouring municipality and it is closer to the place where the sittings of the council are held than any other business that offers the same type of goods.

The Minister of Municipal Affairs, Regions and Land Occupancy shall determine, by regulation, the types of businesses from which goods may be acquired or leased under the first paragraph.

Construction materials that may be acquired in accordance with the first paragraph must be acquired solely for the purpose of carrying out repair or maintenance work and the total value of the materials acquired must not exceed $5,000 per project.

To be able to enter into a contract referred to in the first paragraph, the municipality must provide for that possibility in its by-law on contract management adopted under section 573.3.1.2 and prescribe in the by-law the publication, on its website, of the name of the officer or employee concerned, the name of the business, a list of each of the purchases or leases made, and the amounts of those purchases and leases. The information must be updated at least twice a year and tabled at the same frequency at a sitting of the municipal council.

If the municipality does not have a website, the information whose publication is required under the fourth paragraph must be published on the website determined in accordance with the third paragraph of section 477.6.

2023, c. 33, s. 17.