A-33.2.1 - Act respecting the Autorité des marchés publics

Section 20 Disposition versions

2022-06-02

20. For the purposes of this Act,

(1)  “public contract” means

(a)  a contract described in section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that a public body, other than a municipal body, may enter into; and

(b)  an insurance or supply contract or contract for the performance of work or the supply of services that a municipal body may enter into;

(1.1)  “public subcontract” means a subcontract directly or indirectly related to a public contract;

(2)  “public body” means a body referred to in section 4 or section 7 of the Act respecting contracting by public bodies, or a municipal body;

(3)  “municipal body” means a municipality, a metropolitan community, an intermunicipal board, a public transit authority, a Northern village, the Kativik Regional Government, a mixed enterprise company and any other person or body subject to any of sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19), articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(4)  “mixed enterprise company” means a company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01) or any similar body constituted under a private Act, in particular those constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004; and

(5)  “electronic tendering system” means the electronic tendering system referred to in section 11 of the Act respecting contracting by public bodies.

Despite subparagraph 1 of the first paragraph, for the purposes of Chapter IV, “public contract” means

(1)  in the case of a contract described in the first or third paragraph of section 3 of the Act respecting contracting by public bodies, a contract involving an expenditure equal to or above the applicable lowest public tender threshold;

(2)  in the case of an insurance or supply contract or contract for the performance of work or the supply of services that a municipal body other than a mixed enterprise company may enter into, a contract involving an expenditure equal to or above the applicable lowest public tender threshold; and

(3)  an insurance or supply contract or contract for the performance of work or the supply of services that a mixed enterprise company may enter into after a public call for tenders.

This Act does not however apply to a Cree or Naskapi village.

2017, c. 27, s. 20; 2018, c. 8, s. 253; 2022, c. 18, s. 62.

2018-04-19

20. For the purposes of this Act,

(1)  “public contract” means

(a)  a contract described in section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that a public body, other than a municipal body, may enter into; and

(b)  an insurance or supply contract or contract for the performance of work or the supply of services that a municipal body may enter into;

(2)  “public body” means a body referred to in section 4 or section 7 of the Act respecting contracting by public bodies, or a municipal body;

(3)  “municipal body” means a municipality, a metropolitan community, an intermunicipal board, a public transit authority, a Northern village, the Kativik Regional Government, a mixed enterprise company and any other person or body subject to any of sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19), articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(4)  “mixed enterprise company” means a company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01) or any similar body constituted under a private Act, in particular those constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004; and

(5)  “electronic tendering system” means the electronic tendering system referred to in section 11 of the Act respecting contracting by public bodies.

Despite subparagraph 1 of the first paragraph, for the purposes of Chapter IV, “public contract” means

(1)  in the case of a contract described in the first or third paragraph of section 3 of the Act respecting contracting by public bodies, a contract involving an expenditure equal to or above the applicable lowest public tender threshold;

(2)  in the case of an insurance or supply contract or contract for the performance of work or the supply of services that a municipal body other than a mixed enterprise company may enter into, a contract involving an expenditure equal to or above the applicable lowest public tender threshold; and

(3)  an insurance or supply contract or contract for the performance of work or the supply of services that a mixed enterprise company may enter into after a public call for tenders.

This Act does not however apply to a Cree or Naskapi village.

2017, c. 27, s. 20; 2018, c. 8, s. 253.

2017-12-01

20. For the purposes of this Act,

(1)  “public contract” means

(a)  a contract described in section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that a public body, other than a municipal body, may enter into; and

(b)  a contract for the performance of work or the supply of insurance, equipment, materials or services that a municipal body may enter into;

(2)  “public body” means a body referred to in section 4 or section 7 of the Act respecting contracting by public bodies, or a municipal body;

(3)  “municipal body” means a municipality, a metropolitan community, an intermunicipal board, a public transit authority, a Northern village, the Kativik Regional Government, a mixed enterprise company and any other person or body subject to any of sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19), articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(4)  “mixed enterprise company” means a company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01) or any similar body constituted under a private Act, in particular those constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004; and

(5)  “electronic tendering system” means the electronic tendering system referred to in section 11 of the Act respecting contracting by public bodies.

Despite subparagraph 1 of the first paragraph, for the purposes of Chapter IV, “public contract” means

(1)  in the case of a contract described in the first or third paragraph of section 3 of the Act respecting contracting by public bodies, a contract involving an expenditure equal to or above the applicable lowest public tender threshold;

(2)  in the case of a contract for the performance of work or the supply of insurance, equipment, materials or services that a municipal body other than a mixed enterprise company may enter into, a contract involving an expenditure equal to or above the applicable lowest public tender threshold; and

(3)  a contract for the performance of work or the supply of insurance, equipment, materials or services that a mixed enterprise company may enter into after a public call for tenders.

This Act does not however apply to a Cree or Naskapi village.

2017, c. 27, s. 20.