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C-27.1 - Municipal Code of Québec

Section 938.1.2
Disposition versions

Full text
938.1.2. Every municipality must adopt a by-law on contract management.
The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The by-law must include
(1)  measures to ensure compliance with any applicable anti-bid-rigging legislation;
(2)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;
(3)  measures to prevent intimidation, influence peddling and corruption;
(4)  measures to prevent conflict of interest situations;
(5)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;
(6)  measures to govern the making of decisions authorizing the amendment of a contract; and
(7)  measures to promote rotation among prospective contracting parties for contracts that may be made by agreement under the rules adopted under the fourth paragraph and that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935. 
The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935. The rules may vary according to determined categories of contracts. Where such rules are in force, article 936 does not apply to those contracts.
The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract on behalf of the municipality, must be permanently published on the website on which the municipality posts the statement and hyperlink required under the second paragraph of article 961.4.
Not later than 30 days after the day on which a by-law is adopted under this article, the clerk-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
The municipality shall table a report on the application of the by-law at least once a year at a sitting of the council.
As regards non-compliance with a measure included in the by-law, article 938.4 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.
2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7; 2016, c. 17, s. 23; 2017, c. 13, s. 100; 2018, c. 8, s. 97; 2021, c. 31, s. 132.
938.1.2. Every municipality must adopt a by-law on contract management.
The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The by-law must include
(1)  measures to ensure compliance with any applicable anti-bid-rigging legislation;
(2)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;
(3)  measures to prevent intimidation, influence peddling and corruption;
(4)  measures to prevent conflict of interest situations;
(5)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;
(6)  measures to govern the making of decisions authorizing the amendment of a contract; and
(7)  measures to promote rotation among prospective contracting parties for contracts that may be made by agreement under the rules adopted under the fourth paragraph and that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935. 
The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935. The rules may vary according to determined categories of contracts. Where such rules are in force, article 936 does not apply to those contracts.
The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract on behalf of the municipality, must be permanently published on the website on which the municipality posts the statement and hyperlink required under the second paragraph of article 961.4.
Not later than 30 days after the day on which a by-law is adopted under this article, the secretary-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
The municipality shall table a report on the application of the by-law at least once a year at a sitting of the council.
As regards non-compliance with a measure included in the by-law, article 938.4 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.
2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7; 2016, c. 17, s. 23; 2017, c. 13, s. 100; 2018, c. 8, s. 97.
938.1.2. Every municipality must adopt a by-law on contract management.
The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The by-law must include
(1)  measures to ensure compliance with any applicable anti-bid-rigging legislation;
(2)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;
(3)  measures to prevent intimidation, influence peddling and corruption;
(4)  measures to prevent conflict of interest situations;
(5)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;
(6)  measures to govern the making of decisions authorizing the amendment of a contract; and
(7)  for contracts that involve an expenditure of less than $100,000 and that may be entered into by mutual agreement, measures to ensure rotation among potential contracting parties.
The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but less than $100,000. The rules may vary according to determined categories of contracts. Where such rules are in force, article 936 does not apply to those contracts.
The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract on behalf of the municipality, must be permanently published on the website on which the municipality posts the statement and hyperlink required under the second paragraph of article 961.4.
Not later than 30 days after the day on which a by-law is adopted under this article, the secretary-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
The municipality shall table a report on the application of the by-law at least once a year at a sitting of the council.
As regards non-compliance with a measure included in the by-law, article 938.4 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.
2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7; 2016, c. 17, s. 23; 2017, c. 13, s. 100.
938.1.2. Every municipality must adopt a contract management policy.
Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The contract management policy must include
(1)  (subparagraph repealed);
(2)  measures to promote compliance with any applicable anti-bid-rigging legislation;
(3)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;
(4)  measures to prevent intimidation, influence peddling and corruption;
(5)  measures to prevent conflict of interest situations;
(6)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and
(7)  measures to govern the making of decisions authorizing the amendment of a contract.
Every municipality must make its policy available at all times by publishing it on the website on which it posts the statement and hyperlink required under the second paragraph of article 961.4.
It must also make available, in the same manner, any municipal by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract in the name of the municipality.
Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
As regards non-compliance with a measure included in the contract management policy, article 938.4 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.
2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7; 2016, c. 17, s. 23.
938.1.2. Every municipality must adopt a contract management policy.
Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The contract management policy must include
(1)  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;
(2)  measures to promote compliance with any applicable anti-bid-rigging legislation;
(3)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;
(4)  measures to prevent intimidation, influence peddling and corruption;
(5)  measures to prevent conflict of interest situations;
(6)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and
(7)  measures to govern the making of decisions authorizing the amendment of a contract.
Every municipality must make its policy available at all times by publishing it on the website on which it posts the statement and hyperlink required under the second paragraph of article 961.4.
Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
As regards non-compliance with a measure included in the contract management policy, article 938.4 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.
2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7.
938.1.2. Every municipality must adopt a contract management policy.
Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The contract management policy must include
(1)  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;
(2)  measures to promote compliance with any applicable anti-bid-rigging legislation;
(3)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the code of conduct for lobbyists adopted under that Act;
(4)  measures to prevent intimidation, influence peddling and corruption;
(5)  measures to prevent conflict of interest situations;
(6)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and
(7)  measures to govern the making of decisions authorizing the amendment of a contract.
Every municipality must make its policy available at all times by publishing it on the website on which it posts the statement and hyperlink required under the second paragraph of article 961.4.
Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
As regards non-compliance with a measure included in the contract management policy, article 938.4 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.
2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7.
938.1.2. Every municipality must adopt a contract management policy.
Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The contract management policy must include
(1)  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;
(2)  measures to promote compliance with any applicable anti-bid-rigging legislation;
(3)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the code of conduct for lobbyists adopted under that Act;
(4)  measures to prevent intimidation, influence peddling and corruption;
(5)  measures to prevent conflict of interest situations;
(6)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and
(7)  measures to govern the making of decisions authorizing the amendment of a contract.
Every municipality must make its policy available at all times by publishing it on the website on which it posts the statement and hyperlink required under the second paragraph of article 961.4.
As regards non-compliance with a measure included in the contract management policy, article 938.4 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.
2010, c. 1, s. 23; 2010, c. 18, s. 48.
938.1.2. Every municipality must adopt a contract management policy.
Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.
The contract management policy must include
(1)  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;
(2)  measures to promote compliance with any applicable anti-bid-rigging legislation;
(3)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the code of conduct for lobbyists adopted under that Act;
(4)  measures to prevent intimidation, influence peddling and corruption;
(5)  measures to prevent conflict of interest situations; and
(6)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract.
Every municipality must make its policy available at all times by publishing it on the website on which it publishes the list required under article 961.3.
As regards non-compliance with a measure included in the contract management policy, article 938.4 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.
2010, c. 1, s. 23.
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