S-30.01 - Act respecting public transit authorities

Section 93 Disposition versions

2018-04-19

93. The following contracts may be awarded only in accordance with section 95 if they involve an expenditure equal to or above the threshold ordered by the Minister:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

(4)  contracts for the providing of services other than professional services

(a)  covered by a regulation adopted under section 100 or 101, where the contract is made in accordance with that regulation; and

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

Contracts referred to in any of the subparagraphs of the first paragraph may be awarded only in accordance with section 94 if they involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under the first paragraph.

For the purposes of this section, “supply contracts” includes, in particular, any contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining the property, and any contract for the lease of equipment with an option to purchase.

2001, c. 23, s. 93; 2002, c. 37, s. 266; 2003, c. 19, s. 220; 2006, c. 60, s. 112; 2018, c. 8, s. 216.

2006-12-14

93. The following contracts may be awarded only in accordance with section 95 if they involve an expenditure of $100,000 or more:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of materials or equipment, including contracts for the lease of equipment with an option to purchase;

(4)  contracts for the providing of services other than professional services

(a)  referred to in section 101;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

Contracts referred to in any of the subparagraphs of the first paragraph or in section 101 may be awarded only in accordance with section 94 if they involve an expenditure of at least $25,000 and of less than $100,000.

2001, c. 23, s. 93; 2002, c. 37, s. 266; 2003, c. 19, s. 220; 2006, c. 60, s. 112.

2003-12-18

93. The following contracts may be awarded only in accordance with section 95 if they involve an expenditure of $100,000 or more:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of materials or equipment, including contracts for the lease of equipment with an option to purchase;

(4)  contracts for the providing of services other than professional services

(a)  referred to in section 101;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

Contracts referred to in any of the subparagraphs of the first paragraph or in section 101 may be awarded only in accordance with section 94 if they involve an expenditure of at least $25,000 and of less than $100,000.

The first two paragraphs do not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, materials or equipment or the providing of services and which is entered into with a non-profit organization, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or a supplier that is the only one found to be in a position to provide the materials, equipment or services after thorough and documented verification to ensure that that supplier is the only one available in all the provinces and territories of Canada;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(4)  whose object is the supply of services by a supplier that, in the field of communications, electricity or gas is in a monopoly position;

(5)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or representative of the manufacturer;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(8)  whose object is the supply of materials or equipment and which is entered into in circumstances that are exceptionally advantageous for the transit authority such as the bankruptcy or liquidation of the supplier;

(9)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(10)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes.

The second paragraph does not apply

(1)  to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders;

(2)  to a contract covered by the regulation in force made under section 100.

2001, c. 23, s. 93; 2002, c. 37, s. 266; 2003, c. 19, s. 220.

2002-06-14

93. The following contracts may be awarded only in accordance with section 95 if they involve an expenditure of $100,000 or more:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of materials or equipment, including contracts for the lease of equipment with an option to purchase;

(4)  contracts for the providing of services other than professional services

(a)  referred to in section 101;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

Contracts referred to in any of the subparagraphs of the first paragraph or in section 101 may be awarded only in accordance with section 94 if they involve an expenditure of at least $25,000 and of less than $100,000.

The first two paragraphs do not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of materials or equipment or the providing of services and which is entered into with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(4)  whose object is the supply of services by a single supplier or by a supplier that, in the field of communications, electricity or gas is in a monopoly position;

(5)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or representative of the manufacturer;

(6)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(7)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(8)  whose object is the supply of materials or equipment and which is entered into in circumstances that are exceptionally advantageous for the transit authority such as the bankruptcy or liquidation of the supplier;

(9)  whose object results from the use of a software package or software product designed to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(10)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes.

The second paragraph does not apply

(1)  to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders;

(2)  to a contract covered by the regulation in force made under section 100.

2001, c. 23, s. 93; 2002, c. 37, s. 266.

2001-12-31

93. A transit authority may award the following contracts only in accordance with sections 94 and 95 if they involve an expenditure of $25,000 or more and are not covered by paragraph 2 of section 101 :

(1)  insurance contracts ;

(2)  contracts for the performance of work ;

(3)  contracts for the supply of materials or equipment, including contracts for the lease of equipment with an option to purchase ;

(4)  contracts for the providing of services other than professional services

(a)  referred to in paragraph 1 of section 101 ;

(b)   necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

The first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof ;

(2)  whose object is the supply of materials or equipment or the providing of services and which is entered into with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) ;

(3)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work ;

(4)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, and which is entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work ;

(5)  whose object is the supply of materials or equipment or the providing of services by a single supplier or by a supplier that, in the field of communications, electricity or gas is in a monopoly position ;

(6)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or representative of the manufacturer ;

(7)  whose object is the supply of bulk trucking services, through the holder of a brokerage permit issued under the Transport Act (chapter T-12) ;

(8)  whose object is the acquisition of property in a sale by auction ;

(9)  whose object is multi-peril property insurance or civil liability insurance.

A contract which, as a result of an exception provided for in subparagraph 2 of the third paragraph of section 95, is not a supply contract for the purposes of the second paragraph of that section, is not a contract for the supply of materials or equipment for the purposes of subparagraph 3 of the first paragraph of this section.

2001, c. 23, s. 93.