C-65.1 - Act respecting contracting by public bodies

Section 58.1 Disposition versions

2024-10-09

58.1. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the following may not be disclosed by a public body or a member of its staff:

(1)  until the bids are opened publicly or, in the absence of such opening, until the contract is awarded, information that allows the number of enterprises that asked for a copy of the tender documents and the number of enterprises that tendered a bid to be known or that allows those enterprises to be identified; and

(2)  information that allows a person to be identified as being a member of a selection committee constituted in accordance with the normative framework.

The prohibition under subparagraph 1 of the first paragraph also applies to the operator of the electronic tendering system, except with respect to information that allows an enterprise that requests a copy of the tender documents to be identified, if the enterprise expressly authorized the operator to disclose that information.

Despite the preceding paragraphs, a public body or a member of its staff may, as part of a call for tenders for the carrying out of a partnership contract and before the contract is awarded, communicate information that allows an enterprise that participates in the call for tenders to be identified if the enterprise has expressly authorized the public body to disclose that information.

2012, c. 25, s. 23; 2017, c. 27, s. 148; 2024, c. 28, s. 17.

2017-12-01

58.1. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the following may not be disclosed by a public body or a member of its staff:

(1)  until the bids are opened, information that allows the number of enterprises that asked for a copy of the tender documents and the number of enterprises that tendered a bid to be known or that allows those enterprises to be identified; and

(2)  information that allows a person to be identified as being a member of a selection committee constituted in accordance with the normative framework.

The prohibition under subparagraph 1 of the first paragraph also applies to the operator of the electronic tendering system, except with respect to information that allows an enterprise that requests a copy of the tender documents to be identified, if the enterprise expressly authorized the operator to disclose that information.

2012, c. 25, s. 23; 2017, c. 27, s. 148.

2014-11-05

58.1. Despite section 57 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), any information allowing a person to be identified as a member of a selection committee set up under this Act or the regulations is not personal information that is public information.

2012, c. 25, s. 23.