C-37.3 - Act respecting the Communauté urbaine de Québec

Section 92 Disposition versions

2000-01-01

92. Every contract enumerated hereunder involving an expenditure by the Community of more than $20 000 must be awarded in accordance with section 92.0.1 or 92.0.2:

(1)  an insurance contract;

(2)  a contract for the performance of work;

(3)  a contract for the supply of materials or equipment, including a contract for the lease of equipment with an option to purchase;

(4)  a contract for the providing of services other than, subject to the second paragraph of section 92.0.2, professional services.

Notwithstanding the foregoing, the first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of 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 materials or equipment or the providing of services and which is entered into with a municipal 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);

(3)  whose purpose is to obtain energy savings for the Community and whose object is both the providing of professional services and the performance of work or the supply of materials, equipment or non‐professional services;

(4)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(5)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, and which is entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work;

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

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

(8)  whose object is the supply of bulk trucking services, entered into through the holder of a brokerage permit issued under the Transport Act (chapter T‐12).

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph of section 92.0.2, is not a supply contract or a services contract for the purposes of the second paragraph of that section, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of subparagraphs 3 and 4 of the first paragraph of this section.

1969, c. 83, s. 104; 1971, c. 88, s. 18; 1972, c. 71, s. 9; 1977, c. 80, s. 2; 1984, c. 32, s. 18; 1993, c. 67, s. 36; 1997, c. 53, s. 32; 1999, c. 82, s. 25.

1997-09-01

92. Every contract enumerated hereunder involving an expenditure by the Community of more than $20 000 must be awarded in accordance with section 92.0.1 or 92.0.2:

(1)  an insurance contract;

(2)  a contract for the performance of work;

(3)  a contract for the supply of materials or equipment, including a contract for the lease of equipment with an option to purchase;

(4)  a contract for the providing of services other than, subject to the second paragraph of section 92.0.2, professional services.

Notwithstanding the foregoing, the first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of 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 materials or equipment or the providing of services and which is entered into with a municipal 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);

(3)  whose purpose is to obtain energy savings for the Community and whose object is both the providing of professional services and the performance of work or the supply of materials, equipment or non-professional services;

(4)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(5)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, and which is entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work;

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

(7)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or its representative.

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph of section 92.0.2, is not a supply contract or a services contract for the purposes of the second paragraph of that section, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of subparagraphs 3 and 4 of the first paragraph of this section.

1969, c. 83, s. 104; 1971, c. 88, s. 18; 1972, c. 71, s. 9; 1977, c. 80, s. 2; 1984, c. 32, s. 18; 1993, c. 67, s. 36; 1997, c. 53, s. 32.

1994-01-01

92. Every contract enumerated hereunder involving an expenditure by the Community of more than $20 000 must be awarded in accordance with section 92.0.1 or 92.0.2:

(1)  an insurance contract;

(2)  a contract for the performance of work;

(3)  a contract for the supply of materials or equipment, including a contract for the lease of equipment with an option to purchase;

(4)  a contract for the providing of services other than professional services.

Notwithstanding the foregoing, the first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of 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 materials or equipment or the providing of services and which is entered into with a municipal 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);

(3)  whose purpose is to obtain energy savings for the Community and whose object is both the providing of professional services and the performance of work or the supply of materials, equipment or non-professional services;

(4)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(5)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, and which is entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work;

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

(7)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or its representative.

1969, c. 83, s. 104; 1971, c. 88, s. 18; 1972, c. 71, s. 9; 1977, c. 80, s. 2; 1984, c. 32, s. 18; 1993, c. 67, s. 36.

1984-06-20

92. (1)  The executive committee may award any contract for professional services regardless of the amount and any other contract involving an expenditure of less than $50 000.

However, where it involves an expenditure of more than $5 000 but less than $50 000, no insurance contract or contract for the performance of work or the supply of equipment or materials or the providing of services other than professional services may be awarded except after a call for tenders by way of written invitation, as the case may be, to at least two contractors, suppliers or insurers.

For the purposes of the second paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

(2)  The executive committee may, after a call for public tenders by advertisement in a newspaper circulated in the territory of the Community, award a contract contemplated in the second and third paragraphs of subsection 1 involving an expenditure of not less than $50 000.

The time limit for the receipt of tenders shall not be less than eight days.

Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

The executive committee shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. If, however, to comply with the conditions for the making of a Government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the executive committee may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

If there is only one tenderer, the executive committee shall not award such a contract without the approval of the Council.

(3)  The executive committee may, in the case of irresistible force which might endanger the life or health of the population or seriously damage the equipment of the Community, order such expenditure as it considers necessary, and grant the necessary contract to remedy the situation upon the written request of its chairman or the director general.

(4)  The executive committee shall make to the Council, at each regular meeting, a report on any contract granted by it since the last regular meeting under this section.

Where a contract is awarded under subsection 3, the report of the executive committee must be made at the first regular or special meeting that follows.

(5)  The Council may make a by-law to determine the contents and the modalities of presentation of a report prescribed under subsection 4.

1969, c. 83, s. 104; 1971, c. 88, s. 18; 1972, c. 71, s. 9; 1977, c. 80, s. 2; 1984, c. 32, s. 18.

0001-01-01

92. Unless it involves an expenditure of less than $25,000, every contract for the performance of work, the supply of equipment or materials or the providing of services other than professional services shall be awarded by the executive committee after a call for public tenders by advertisement in a French newspaper and in an English newspaper circulating in the territory of the Community. The French publication shall have priority and serve as the basis for computing delays. The delay for the receipt of tenders when this procedure must be followed shall not be less than eight days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

The executive committee shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a Government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the executive committee may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer the executive committee shall not award such a contract without the approval of the Council.

1969, c. 83, s. 104; 1971, c. 88, s. 18; 1972, c. 71, s. 9; 1977, c. 80, s. 2.