E-2.2 - Act respecting elections and referendums in municipalities

Section 305.0.1 Disposition versions

2023-12-08

Not in force

305.0.1. Section 304 does not apply to a contract whose object is the acquisition or leasing of goods by the municipality from a business in which a member of the council of that municipality holds an interest in either of the following cases:

(1)  the business concerned is the only one in the territory of the municipality that offers the type of goods that the municipality wishes to acquire or lease and it is closer to the place where the sittings of the council are held than any other business offering the same type of goods that is situated in the territory of a neighbouring municipality; or

(2)  where there is no business in the territory of the municipality that offers the type of goods that the municipality wishes to acquire or lease, the business concerned is situated in the territory of a neighbouring municipality and it is closer to the place where the sittings of the council are held than any other business offering the same type of goods.

Not in force

The Minister of Municipal Affairs, Regions and Land Occupancy shall determine, by regulation, the types of businesses from which goods may be acquired or leased under the first paragraph.

Not in force

Construction materials that may be acquired in accordance with the first paragraph must be acquired solely for the purpose of carrying out repair or maintenance work and the total value of the materials acquired must not exceed $5,000 per project.

Section 304 does not apply to a contract whose object is the furnishing of services for the benefit of the municipality by a member of the council of that municipality or by an enterprise in which the council member has an interest if the following conditions are met:

(1)  the service is furnished manually and requires, in general, a physical presence in the territory of the municipality or in its facilities; and

(2)  the following actions have been carried out:

(a)  in the case of a contract for which the expenditure is below the threshold from which a public call for tenders is required under section 573 of the Cities and Towns Act (chapter C-19) or article 935 of the Municipal Code of Québec (chapter C-27.1), the municipality, in the manner provided for in sections 573.1 and 573.3.0.0.1 of that Act or articles 936 and 938.0.0.1 of that Code, called, in writing, for tenders from at least three suppliers and published a notice of intention, but those actions did not enable it to select a tenderer, and

(b)  in the case of a contract requiring a public call for tenders, the municipality made a first call for tenders that did not enable it to select a tenderer, followed by a second call for tenders with conditions identical to those of the first and after which only the council member or the enterprise in which the council member has an interest submitted a compliant tender.

In the case of a contract referred to in subparagraph a of subparagraph 2 of the fourth paragraph, the council member or the enterprise in which the council member has an interest must not have submitted a tender.

In the case of a contract referred to in subparagraph b of subparagraph 2 of the fourth paragraph, the council member or the enterprise in which the council member has an interest must not have submitted a tender during the first call for tenders and the member must in no way, during the second call for tenders, have participated in the contract awarding process or benefitted from preferential treatment compared to other potential tenderers.

The maximum term of a contract referred to in the fourth paragraph, including any renewal, is two years.

To be able to enter into a contract referred to in the first or fourth paragraph of this section, the municipality must provide for that possibility in its by-law on contract management adopted under section 573.3.1.2 of the Cities and Towns Act or article 938.1.2 of the Municipal Code of Québec and prescribe in the by-law the publication, on its website, of the name of the council member and, if applicable, the name of the enterprise with which the contract is entered into as well as, as the case may be, a list of each of the purchases or leases made and the amounts of those purchases or leases or the object of the service contract and its price. The information must be updated at least twice a year and tabled at the same frequency at a sitting of the municipal council.

If the municipality does not have a website, the information whose publication is required under the eighth paragraph must be published on the website determined in accordance with the third paragraph of section 477.6 of the Cities and Towns Act or of article 961.4 of the Municipal Code of Québec.

2023, c. 33, s. 41.

The eight paragraph, in respect of a contract for the acquisition or lease of goods, which comes into force on the date of coming into force of the first regulation made by the Minister of Municipal Affairs, Regions and Land Occupancy under the second paragraph of this section (2023, c. 33, s. 93, par. 6).