C-65.1 - Act respecting contracting by public bodies

Section 27.15 Disposition versions

2023-06-02

27.15. A monetary administrative penalty in an amount set under section 27.16 may be imposed by the Autorité des marchés publics on an enterprise

(1)  that submits a bid for a public contract or subcontract or enters into such a contract or subcontract although it is ineligible for public contracts or does not hold the authorization to contract required to enter into such a contract or subcontract, unless the enterprise was given permission to enter into a contract or subcontract under section 25.0.3;

(2)  that, in the course of the performance of a public contract with a public body or with a body referred to in section 7, enters into a public subcontract with an enterprise that is ineligible or does not hold the authorization to contract required to enter into such a subcontract, unless the enterprise was given permission to enter into that subcontract under section 25.0.3;

(3)  whose authorization to contract expires while it is in the process of performing a public contract or subcontract for which such an authorization is required;

(4)  that, while it is party to a public contract or subcontract or holds an authorization to contract, fails or refuses to send to the Authority, within the time and on the terms and conditions prescribed, any document or information required for the purposes of Chapter V.1;

(5)  that fails or refuses to confirm, in an affidavit, the authenticity of documents or the veracity of information communicated to the Authority; or

(6)  that fails to submit to an oversight or monitoring measure imposed on it by the Authority under Chapter V.1 or, if the measure was applied by the Authority, fails to pay to it the costs of such a measure.

A regulation of the Authority may provide that a failure to comply with a regulation made under Chapter V.1 may give rise to a monetary administrative penalty.

2012, c. 25, s. 22; 2017, c. 27, s. 147; 2022, c. 18, s. 54.

Not in force

Not in force

27.15. A monetary administrative penalty in an amount set under section 27.16 may be imposed by the Autorité des marchés publics on an enterprise

(1)  that submits a bid for a public contract or subcontract or enters into such a contract or subcontract although it is ineligible for public contracts or does not hold the authorization to contract required to enter into such a contract or subcontract, unless the enterprise was given permission to enter into a contract or subcontract under section 25.0.3;

(2)  that, in the course of the performance of a public contract with a public body or with a body referred to in section 7, enters into a public subcontract with an enterprise that is ineligible or does not hold the authorization to contract required to enter into such a subcontract, unless the enterprise was given permission to enter into that subcontract under section 25.0.3;

(3)  whose authorization to contract expires while it is in the process of performing a public contract or subcontract for which such an authorization is required;

(4)  that, while it is party to a public contract or subcontract or holds an authorization to contract, fails or refuses to send to the Authority, within the time and on the terms and conditions prescribed, any document or information required for the purposes of Chapter V.1;

(5)  that fails or refuses to confirm, in an affidavit, the authenticity of documents or the veracity of information communicated to the Authority; or

(6)  that fails to submit to an oversight or monitoring measure imposed on it by the Authority under Chapter V.1 or, if the measure was applied by the Authority, fails to pay to it the costs of such a measure.

A regulation of the Authority may provide that a failure to comply with a regulation made under Chapter V.1 may give rise to a monetary administrative penalty.

2012, c. 25, s. 22; 2017, c. 27, s. 147; 2022, c. 18, s. 54.

2019-01-25

27.15. (Repealed).

2012, c. 25, s. 22; 2017, c. 27, s. 147.

2012-12-07

27.15. Penal proceedings for an offence under any of sections 27.5, 27.9 and 27.10 may be instituted by the Authority.

When the Authority takes charge of the prosecution, the fine imposed by the court belongs to the Authority.

2012, c. 25, s. 22.