C-65.1 - Act respecting contracting by public bodies

Section 21.26 Disposition versions

2022-06-02

21.26. The Authority refuses to grant or renew any enterprise’s authorization if, in the preceding five years, a director or officer of the enterprise, or the natural person who is its majority shareholder, was found guilty of an offence listed in Schedule I, unless a pardon was obtained.

2012, c. 25, s. 10; 2015, c. 6, s. 31; 2022, c. 18, s. 24.

2015-04-01

21.26. The Authority refuses to grant or to renew an authorization, or revokes an authorization, if

(1)  (subparagraph repealed);

(2)  any of the enterprise’s shareholders is a natural person who holds 50% or more of the voting rights attached to the shares that may be exercised under any circumstances and who has, in the preceding five years, been found guilty of an offence listed in Schedule I; or

(3)  any of the enterprise’s directors or officers has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(6)  (subparagraph repealed);

(7)  (subparagraph repealed).

A finding of guilty must be disregarded if a pardon has been obtained.

2012, c. 25, s. 10; 2015, c. 6, s. 31.

2012-12-07

21.26. The Authority refuses to grant or to renew an authorization, or revokes an authorization, if

(1)  the enterprise has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(2)  any of the enterprise’s shareholders holding 50% or more of the voting rights attached to the shares that may be exercised under any circumstances has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(3)  any of the enterprise’s directors or officers has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(4)  the enterprise has, in the preceding five years, been found guilty by a foreign court of an offence which, if committed in Canada, could have resulted in criminal or penal proceedings for an offence listed in Schedule I;

(5)  the enterprise has been found guilty of an offence under section 641.2 of the Act respecting elections and referendums in municipalities (chapter E-2.2), section 221.1.2 of the Act respecting school elections (chapter E-2.3) or section 564.3 of the Election Act (chapter E-3.3), and the prohibition prescribed by that section in connection with the offence has not expired, unless a judge has suspended the prohibition;

(6)  the enterprise has, in the preceding two years, been ordered to suspend work by a decision enforceable under section 7.8 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20); or

(7)  the enterprise has, in the preceding two years, been ordered by a final judgment to pay an amount claimed under subparagraph c.2 of the first paragraph of section 81 of that Act.

A finding of guilty must be disregarded if a pardon has been obtained.

2012, c. 25, s. 10.