E-3.3 - Election Act

Section 564.3 Disposition versions

2015-04-01

564.3. (Repealed).

2010, c. 32, s. 11; 2011, c. 38, s. 32; 2013, c. 16, s. 101; 2015, c. 6, s. 39.

2013-06-14

564.3. From the date of the judgment of conviction, no public contract may be entered into with a natural or legal person who has been convicted of an offence for contravening any of sections 87, 90 and 91, the first and third paragraphs of section 127.7, and the first paragraph of section 127.8 to the extent that it refers to section 90, or an offence under section 564.1. The prohibition applies for a period of three years from the date of the judgment of conviction or, in the case of a subsequent conviction within ten years, for a period of five years from the date of the subsequent conviction.

Similarly, from the date of an order under section 564.4, no public contract may be entered into with a legal person or partnership named in the order. The prohibition applies for a period of three years from the date of the order or, if the legal person or partnership has been the subject of an earlier order, for a period of five years from the date of the new order.

As soon as the judgment of conviction is rendered or the order under section 564.4 is issued, the prohibition applies despite any appeal or other remedy.

However, in the case of an appeal of or other remedy against the judgment of conviction or the order, a judge may, on a motion, suspend the prohibition if the judge considers that it is in the public interest, taking into account, among other things,

(1)  the spirit of the law;

(2)  the fact that, on the face of it, the judgment of conviction appears to be ill-founded;

(3)  the existence of exceptional circumstances, if the matter is a serious one and there is colour of right;

(4)  any serious and irreparable harm suffered; and

(5)  the balance of convenience and the fact that the public interest must override any private interest.

For the purposes of this section, a public contract is a contract of any kind, including any directly or indirectly related subcontract, to which any of the following is party:

(1)  a public body or government agency within the meaning of the Auditor General Act (chapter V-5.01);

(2)  the Université du Québec or its constituent universities, research institutes or superior schools within the meaning of the Act respecting the Université du Québec (chapter U-1);

(3)  an educational institution at the university level referred to in any of paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1) and not referred to in subparagraph 2;

(4)  a general and vocational college established under the General and Vocational Colleges Act (chapter C-29);

(5)  a school board governed by the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or the Comité de gestion de la taxe scolaire de l’île de Montréal;

(6)  a private institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1);

(7)  any other educational institution more than half of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(8)  a public or private institution under agreement governed by the Act respecting health services and social services (chapter S-4.2);

(9)  the regional council established by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(10)  a municipality or a body within the meaning of section 18 or 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3);

(11)  a mixed enterprise company governed by the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01);

(12)  a regional conference of elected officers established under the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1) or a local development centre constituted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01); or

(13)  an agency described in paragraph 4 of section 4 of the Lobbying Transparency and Ethics Act (chapter T-11.011).

2010, c. 32, s. 11; 2011, c. 38, s. 32; 2013, c. 16, s. 101.

2011-12-09

564.3. From the date of the judgment of conviction, no public contract may be entered into with a natural or legal person who has been convicted of an offence for contravening any of sections 87, 90 and 91, the first and third paragraphs of section 127.7, and the first paragraph of section 127.8 to the extent that it refers to section 90, or an offence under section 564.1. The prohibition applies for a period of three years from the date of the judgment of conviction or, in the case of a subsequent conviction within ten years, for a period of five years from the date of the subsequent conviction.

Similarly, from the date of an order under section 564.4, no public contract may be entered into with a legal person or partnership named in the order. The prohibition applies for a period of three years from the date of the order or, if the legal person or partnership has been the subject of an earlier order, for a period of five years from the date of the new order.

As soon as the judgment of conviction is rendered or the order under section 564.4 is issued, the prohibition applies despite any appeal or other remedy.

However, in the case of an appeal of or other remedy against the judgment of conviction or the order, a judge may, on a motion, suspend the prohibition if the judge considers that it is in the public interest, taking into account, among other things,

(1)  the spirit of the law;

(2)  the fact that, on the face of it, the judgment of conviction appears to be ill-founded;

(3)  the existence of exceptional circumstances, if the matter is a serious one and there is colour of right;

(4)  any serious and irreparable harm suffered; and

(5)  the balance of convenience and the fact that the public interest must override any private interest.

For the purposes of this section, a public contract is a contract of any kind, including any directly or indirectly related subcontract, to which any of the following is party:

(1)  a public body, government agency or government enterprise within the meaning of the Auditor General Act (chapter V-5.01);

(2)  the Université du Québec or its constituent universities, research institutes or superior schools within the meaning of the Act respecting the Université du Québec (chapter U-1);

(3)  an educational institution at the university level referred to in any of paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1) and not referred to in subparagraph 2;

(4)  a general and vocational college established under the General and Vocational Colleges Act (chapter C-29);

(5)  a school board governed by the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or the Comité de gestion de la taxe scolaire de l’île de Montréal;

(6)  a private institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1);

(7)  any other educational institution more than half of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(8)  a public or private institution under agreement governed by the Act respecting health services and social services (chapter S-4.2);

(9)  the regional council established by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(10)  a municipality or a body within the meaning of section 18 or 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3);

(11)  a mixed enterprise company governed by the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01);

(12)  a regional conference of elected officers established under the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1) or a local development centre constituted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01); or

(13)  an agency described in paragraph 4 of section 4 of the Lobbying Transparency and Ethics Act (chapter T-11.011).

2010, c. 32, s. 11; 2011, c. 38, s. 32.

2011-05-01

564.3. From the date of the judgment of conviction, no public contract may be entered into with a natural or legal person who has been convicted of an offence for contravening any of sections 87, 90 and 91 or an offence under section 564.1. The prohibition applies for a period of three years from the date of the judgment of conviction or, in the case of a subsequent conviction within ten years, for a period of five years from the date of the subsequent conviction.

Similarly, from the date of an order under section 564.4, no public contract may be entered into with a legal person or partnership named in the order. The prohibition applies for a period of three years from the date of the order or, if the legal person or partnership has been the subject of an earlier order, for a period of five years from the date of the new order.

As soon as the judgment of conviction is rendered or the order under section 564.4 is issued, the prohibition applies despite any appeal or other remedy.

However, in the case of an appeal of or other remedy against the judgment of conviction or the order, a judge may, on a motion, suspend the prohibition if the judge considers that it is in the public interest, taking into account, among other things,

(1)  the spirit of the law;

(2)  the fact that, on the face of it, the judgment of conviction appears to be ill-founded;

(3)  the existence of exceptional circumstances, if the matter is a serious one and there is colour of right;

(4)  any serious and irreparable harm suffered; and

(5)  the balance of convenience and the fact that the public interest must override any private interest.

For the purposes of this section, a public contract is a contract of any kind, including any directly or indirectly related subcontract, to which any of the following is party:

(1)  a public body, government agency or government enterprise within the meaning of the Auditor General Act (chapter V-5.01);

(2)  the Université du Québec or its constituent universities, research institutes or superior schools within the meaning of the Act respecting the Université du Québec (chapter U-1);

(3)  an educational institution at the university level referred to in any of paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1) and not referred to in subparagraph 2;

(4)  a general and vocational college established under the General and Vocational Colleges Act (chapter C-29);

(5)  a school board governed by the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or the Comité de gestion de la taxe scolaire de l’île de Montréal;

(6)  a private institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1);

(7)  any other educational institution more than half of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(8)  a public or private institution under agreement governed by the Act respecting health services and social services (chapter S-4.2);

(9)  the regional council established by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(10)  a municipality or a body within the meaning of section 18 or 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3);

(11)  a mixed enterprise company governed by the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01);

(12)  a regional conference of elected officers established under the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1) or a local development centre constituted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01); or

(13)  an agency described in paragraph 4 of section 4 of the Lobbying Transparency and Ethics Act (chapter T-11.011).

2010, c. 32, s. 11.