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V-6.1 - Act respecting Northern villages and the Kativik Regional Government
Section 204
Disposition versions
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract, supply contract or contract for the performance of work or the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a public call for tenders by advertisement in a newspaper.
For the purposes of this section, “supply contract” 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.
A public call for tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or a publication specialized in the field and sold mainly in Québec.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) (subparagraph repealed);
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, advocate or notary.
(2) The period for the receipt of tenders shall not be less than 15 days.
(2.1) A public call for tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
A call for public tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or a publication specialized in the field and sold mainly in Québec.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, advocate or notary.
A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the fourth paragraph, is not a supply contract or a services contract for the purposes of the third paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first and second paragraphs and of section 204.1.
(2) The period for the receipt of tenders shall not be less than 15 days.
(2.1) A call for public tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
A call for public tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or a publication specialized in the field and sold mainly in Québec.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, advocate or notary.
A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the fourth paragraph, is not a supply contract or a services contract for the purposes of the third paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first and second paragraphs and of section 204.1.
(2) The period for the receipt of tenders shall not be less than 15 days.
(2.1) A call for public tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
A call for public tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or a publication specialized in the field and sold mainly in Québec.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.
A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the fourth paragraph, is not a supply contract or a services contract for the purposes of the third paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first and second paragraphs and of section 204.1.
(2) The period for the receipt of tenders shall not be less than 15 days.
(2.1) A call for public tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
A call for public tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or a publication specialized in the field and sold mainly in Québec.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.
A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the fourth paragraph, is not a supply contract or a services contract for the purposes of the third paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first and second paragraphs and of section 204.1.
(2) The period for the receipt of tenders shall not be less than 15 days.
(2.1) A call for public tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any province or territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
A call for public tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the municipality and in a newspaper that is circulated in the territory of the municipality or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.
A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the fourth paragraph, is not a supply contract or a services contract for the purposes of the third paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first and second paragraphs and of section 204.1.
(2) The period for the receipt of tenders shall not be less than 15 days.
(2.1) A call for public tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any province or territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $100,000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than, subject to the third paragraph, professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
A call for public tenders relating to a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the municipality and in a newspaper that is circulated in the territory of the municipality or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.
For the purposes of the third paragraph,
(1) “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;
(2) “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;
(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.
A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the fourth paragraph, is not a supply contract or a services contract for the purposes of the third paragraph, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of the first and second paragraphs and of section 204.1.
(2) The delay for the receipt of tenders shall not be less than 15 days.
(2.1) A call for public tenders relating to a contract referred to in the third paragraph of subsection 1 may stipulate that only bids submitted by contractors and suppliers having an establishment in Québec or by contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the municipality will be considered.
The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any province or territory referred to in that paragraph.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) Subject to section 204.1.1, the municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $25 000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
(2) The delay for the receipt of tenders shall not be less than 15 days.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) The municipality shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipality may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipality for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipality and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $25 000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
(2) The delay for the receipt of tenders shall not be less than fifteen days.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) The municipal corporation shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipal corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipal corporation for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer of the municipal corporation and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
204. (1) Unless it involves an expenditure of less than $25 000, no insurance contract and no contract for the execution of works or the supply of equipment or materials or for the supply of services other than professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.
For the purposes of this subsection, a contract for the supply of equipment includes any contract for the leasing of equipment with an option to purchase.
(2) The delay for the receipt of tenders shall not be less than fifteen days.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) The municipal corporation shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) If, however, to meet the conditions to qualify for a government subsidy the contract must be awarded to a person other than the person who made the lowest tender within the prescribed time, the municipal corporation may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders meeting such conditions, if the tender was made within the prescribed time.
(10) The contract shall be awarded by resolution.
(11) A member of the council may be declared disqualified to hold a municipal office for two years and held personally liable to the municipal corporation for any loss or damage it may suffer, whenever, by his vote or otherwise, he knowingly authorizes or effects
(a) the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to such formality;
(b) the awarding or the making of a contract in contravention of the requirements of subsections 8 and 9.
The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipal corporation and every person who knowingly becomes party to the illegal act.
Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.
204. (1) Unless it involves an expenditure of less than $10,000, no contract for the execution of municipal works or the supply of equipment or materials shall be awarded except after a call for public tenders specifying the work to be performed.
(2) The delay for the receipt of tenders shall not be less than fifteen days.
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed price;
(b) at unit prices.
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.
(5) All those who have tendered may be present at the opening of the tenders.
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7) The council shall not be obliged to accept either the lowest or any other tender.
(8) The municipal corporation shall not, without the previous authorization of the Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
(9) The contract shall be awarded by resolution.
