C-37.02 - Act respecting the Communauté métropolitaine de Québec

Section 105.4 Disposition versions

2018-04-19

105.4. Section 99 and any regulation made under section 105.1 or 105.2 do not apply to a contract 

(1)  that is a supply contract, or to a contract for the supply of services, for which a tariff is fixed or approved by the Government of Canada or the Gouvernement du Québec or any of its ministers or bodies;

(2)  that is an insurance or supply contract, or to a contract for the supply of services, that is entered into either with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or with a supplier who, after thorough and documented verification, is found to be the only supplier in all the territories covered by an intergovernmental agreement on the opening of public procurement that is applicable to municipalities and to municipal bodies such as the Community;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or another fluid and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(4)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas;

(5)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions;

(8)  whose object is the supply of media space for the purposes of a publicity or promotional campaign; or

(9)  whose object, stemming from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development; or

(d)  produce a prototype or original concept.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, the second paragraph of section 99 and a regulation made under section 105.1 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Section 99 does not apply to a contract covered by a regulation made under section 105.1 or 105.2 where the contract is made in accordance with that regulation.

2006, c. 60, s. 55; 2010, c. 18, s. 71; 2010, c. 42, s. 13; 2018, c. 8, s. 150.

2010-12-10

105.4. Sections 99 and 105.2 do not apply to a contract

(1)  whose object is the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit organization, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the Community that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in section 105.2, the only one within Québec that is in a position to provide the services;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or another fluid and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(4)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas;

(5)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions or computer software for educational purposes;

(8)  whose object is the supply of media space for the purposes of a publicity or promotional campaign; or

(9)  whose object, stemming from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development; or

(d)  produce a prototype or original concept.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, the second paragraph of section 99 and section 105.2 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

The second paragraph of section 99 does not apply to a contract covered by the regulation in force made under section 105.1.

2006, c. 60, s. 55; 2010, c. 18, s. 71; 2010, c. 42, s. 13.

2010-06-11

105.4. Sections 99 and 105.2 do not apply to a contract

(1)  whose object is the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit organization, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the Community that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in section 105.2, the only one within Québec that is in a position to provide the services;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or another fluid and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(4)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas;

(5)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions or computer software for educational purposes;

(8)  whose object is the supply of media space for the purposes of a publicity or promotional campaign; or

(9)  whose object, stemming from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development; or

(d)  produce a prototype or original concept.

The second paragraph of section 99 and section 105.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work if the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

The second paragraph of section 99 does not apply to a contract covered by the regulation in force made under section 105.1.

2006, c. 60, s. 55; 2010, c. 18, s. 71.

2006-12-14

105.4. Sections 99 and 105.2 do not apply to a contract

(1)  whose object is the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit organization, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the provinces and territories of Canada that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in section 105.2, the only one within Québec that is in a position to provide the services;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or another fluid and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(4)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas;

(5)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions or computer software for educational purposes;

(8)  whose object is the supply of media space for the purposes of a publicity or promotional campaign; or

(9)  whose object, stemming from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development; or

(d)  produce a prototype or original concept.

The second paragraph of section 99 and section 105.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work if the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

The second paragraph of section 99 does not apply to a contract covered by the regulation in force made under section 105.1.

2006, c. 60, s. 55.