C-65.1 - Act respecting contracting by public bodies

Section 14.11 Disposition versions

2022-06-02

14.11. In order to enable a public body to contribute to the achievement of a government objective referred to in section 14.10, the Chair of the Conseil du trésor may determine the procurement through which the body must

(1)  grant a premium in the form of a preferential margin to enterprises that comply with environmental or climate change-related standards more stringent than those set by the applicable legislation or the tender documents;

(2)  before the tendering or awarding process for a contract, use tools or analysis grids that relate to sustainable development or are based on a life cycle approach or a circular economy approach, in particular with respect to climate change mitigation and adaptation;

(3)  grant a premium in the form of a preferential margin to Indigenous enterprises or to enterprises that would involve Indigenous persons in the performance of the contract;

(4)  grant a premium in the form of a preferential margin to social economy enterprises within the meaning of the Social Economy Act (chapter E-1.1.1);

(5)  require that persons facing labour market barriers and belonging to a group identified by the Chair of the Conseil du trésor be assigned to the performance of the contract, even if that requirement is not related to the object of the contract;

(6)  issue an invitation to tender in order to acquire a prototype, despite section 10;

(7)  make a public call for tenders involving a competitive dialogue, on the conditions prescribed by a regulation made under this Act, where there is a need to procure innovative goods, services or construction work;

(8)  use a tendering mode prescribed by a regulation made under this Act, even if that mode is not allowed in respect of all or part of the procurement concerned;

(9)  impose an eligibility requirement, technical requirement, criterion for quality assessment or any other optional condition prescribed by this Act or a regulation made under this Act;

(10)  apply a measure prescribed by the Government in accordance with section 14.12; or

(11)  apply a measure prescribed by the Conseil du trésor in accordance with section 14.13.

To determine procurement for the purposes of the first paragraph, the Chair of the Conseil du trésor may target a contract or a group of contracts, whether or not of the same category.

Every time the Chair of the Conseil du trésor imposes a measure under the first paragraph, the Chair determines the conditions for applying the measure, including, where advisable, the conditions relating to the public subcontracts related to the procurement concerned.

When making an order relating to subparagraph 3 of the first paragraph, the Chair of the Conseil du trésor defines in the order, if applicable, the expression “Indigenous enterprises”. When making an order relating to subparagraph 4 of the first paragraph, the procurement the Chair determines must not include any contract subject to an intergovernmental agreement. When making an order relating to subparagraph 5 of the first paragraph, the persons belonging to the group the Chair identifies must be persons that may be given a premium under intergovernmental agreements.

Goods, services and construction work, whether new or significantly improved, in particular because of new production, service delivery or construction processes or because of a new commercialization or organizational method, are innovative within the meaning of subparagraph 7 of the first paragraph.

Any order made by the Chair of the Conseil du trésor under this section is published in the Gazette officielle du Québec.

2022, c. 18, s. 5.