Ministère de l'Emploi et de la Solidarité sociale
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M-28 - Act respecting the Ministère des Transports

Section 11.6
Disposition versions

Full text
11.6. For the purposes of paragraph i of section 3, the Minister may, in contracts to which he is a party, including contracts awarded after calls for public tenders, stipulate that small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit issued under the Transport Act (chapter T‐12) shall participate in the performance of the contract to the extent and on the conditions he determines, particularly with respect to the tariff applicable.
The Minister may also require a municipality to include a similar stipulation for the benefit of such small enterprises in any contracts it awards in carrying out an agreement made with the Minister of Transport for the execution of road works referred to in paragraph i of section 3.
In carrying out an agreement referred to in the second paragraph, a municipality may even include the stipulation in contracts which also include works other than those provided for in the agreement.
The Minister may direct an association holding a brokerage permit to provide brokerage services, on the conditions the Minister determines, to the subscribers of an association that has applied for a brokerage permit under the Transport Act and enable those subscribers to participate in the performance of contracts referred to in the first paragraph until the decision of the Commission des transports on their association’s application for a brokerage permit takes effect. For the purposes of this paragraph, the Minister may designate a person to inquire into the activities and operation of the association holding the brokerage permit and report to the Minister. Failure to comply with the Minister’s direction is cause for revocation of the association’s brokerage permit.
The Minister may, on the conditions the Minister determines, issue a temporary permit to stand in lieu of a brokerage permit issued under the Transport Act to an association that has applied for a brokerage permit under that Act and enable the subscribers to the brokerage service of that association to participate in the performance of contracts referred to in the first paragraph until the decision of the Commission des transports on the association’s application for a brokerage permit takes effect. For the purposes of this paragraph, the Minister may designate a person to inquire into the activities, operation and representativeness of the association, to hold such consultations as the Minister determines and to report to the Minister. The temporary permit may be revoked or suspended by the Minister.
Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C‐25.01) may be exercised and no injunction may be granted against the Minister or the person designated by the Minister for acts performed under this section.
1987, c. 27, s. 1; 1996, c. 2, s. 740; 1999, c. 82, s. 21; 2000, c. 37, s. 1; I.N. 2016-01-01 (NCCP).
11.6. For the purposes of paragraph i of section 3, the Minister may, in contracts to which he is a party, including contracts awarded after calls for public tenders, stipulate that small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit issued under the Transport Act (chapter T‐12) shall participate in the performance of the contract to the extent and on the conditions he determines, particularly with respect to the tariff applicable.
The Minister may also require a municipality to include a similar stipulation for the benefit of such small enterprises in any contracts it awards in carrying out an agreement made with the Minister of Transport for the execution of road works referred to in paragraph i of section 3.
In carrying out an agreement referred to in the second paragraph, a municipality may even include the stipulation in contracts which also include works other than those provided for in the agreement.
The Minister may direct an association holding a brokerage permit to provide brokerage services, on the conditions the Minister determines, to the subscribers of an association that has applied for a brokerage permit under the Transport Act and enable those subscribers to participate in the performance of contracts referred to in the first paragraph until the decision of the Commission des transports on their association’s application for a brokerage permit takes effect. For the purposes of this paragraph, the Minister may designate a person to inquire into the activities and operation of the association holding the brokerage permit and report to the Minister. Failure to comply with the Minister’s direction is cause for revocation of the association’s brokerage permit.
The Minister may, on the conditions the Minister determines, issue a temporary permit to stand in lieu of a brokerage permit issued under the Transport Act to an association that has applied for a brokerage permit under that Act and enable the subscribers to the brokerage service of that association to participate in the performance of contracts referred to in the first paragraph until the decision of the Commission des transports on the association’s application for a brokerage permit takes effect. For the purposes of this paragraph, the Minister may designate a person to inquire into the activities, operation and representativeness of the association, to hold such consultations as the Minister determines and to report to the Minister. The temporary permit may be revoked or suspended by the Minister.
Except on a question of jurisdiction, no remedy under article 33 of the Code of Civil Procedure (chapter C‐25) or extraordinary recourse within the meaning of that Code may be exercised and no injunction may be granted against the Minister or the person designated by the Minister for acts performed under this section.
1987, c. 27, s. 1; 1996, c. 2, s. 740; 1999, c. 82, s. 21; 2000, c. 37, s. 1.
11.6. For the purposes of paragraph i of section 3, the Minister may, in contracts to which he is a party, including contracts awarded after calls for public tenders, stipulate that small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit issued under the Transport Act (chapter T‐12) shall participate in the performance of the contract to the extent and on the conditions he determines, particularly with respect to the tariff applicable.
The Minister may also require a municipality to include a similar stipulation for the benefit of such small enterprises in any contracts it awards in carrying out an agreement made with the Minister of Transport for the execution of road works referred to in paragraph i of section 3.
In carrying out an agreement referred to in the second paragraph, a municipality may even include the stipulation in contracts which also include works other than those provided for in the agreement.
1987, c. 27, s. 1; 1996, c. 2, s. 740; 1999, c. 82, s. 21.
11.6. For the purposes of paragraph i of section 3, the Minister may, in contracts to which he is a party, including contracts awarded after calls for public tenders, stipulate that holders of bulk trucking permits issued under the Transport Act (chapter T-12) shall participate in the performance of the contract to the extent and on the conditions he determines.
The Minister may also require a municipality to include a similar stipulation for the benefit of such permit holders in any contracts it awards in carrying out an agreement made with the Minister of Transport for the execution of road works referred to in paragraph i of section 3.
In carrying out an agreement referred to in the second paragraph, a municipality may even include the stipulation in contracts which also include works other than those provided for in the agreement.
1987, c. 27, s. 1; 1996, c. 2, s. 740.
11.6. For the purposes of paragraph i of section 3, the Minister may, in contracts to which he is a party, including contracts awarded after calls for public tenders, stipulate that holders of bulk trucking permits issued under the Transport Act (chapter T-12) shall participate in the performance of the contract to the extent and on the conditions he determines.
The Minister may also require a municipal corporation to include a similar stipulation for the benefit of such permit holders in any contracts it awards in carrying out an agreement made with the Minister of Transport for the execution of road works referred to in paragraph i of section 3.
In carrying out an agreement referred to in the second paragraph, a municipal corporation may even include the stipulation in contracts which also include works other than those provided for in the agreement.
1987, c. 27, s. 1.
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