C-19 - Cities and Towns Act

Section 573 Disposition versions

2021-12-09

573. (1)  The following contracts, if they involve an expenditure equal to or above the threshold ordered by the Minister, may only be awarded after a public call for tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

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

(a)  covered by a regulation adopted under section 573.3.0.1 or 573.3.0.2, 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.

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.

A public call for tenders for a construction, supply or services contract involving an expenditure equal to or above the threshold ordered by the Minister must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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(2) (Subparagraph repealed);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.

(2)  The time for the receipt of tenders must be in accordance with the time ordered by the Minister.

If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

(2.0.1)  A public call for tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.9.1, 29.10 or 572.1;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A public call for tenders for a contract referred to in the third paragraph of subsection 1 may also provide that tenders will be considered only if

(1)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of supply contracts or contracts for the supply of services involving an expenditure below the ceiling ordered by the Minister;

(2)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of contracts for the supply of services other than services listed in the eighth paragraph of section 573.1.0.4.1 and involving an expenditure equal to or above the ceiling ordered by the Minister;

(3)  in the case of supply contracts or contracts for the supply of services listed in subparagraph 2.3 of the first paragraph of section 573.3 involving an expenditure equal to or above the ceiling ordered by the Minister, they are submitted by contractors or suppliers that have an establishment in Canada or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and are mentioned in the electronic tendering system approved by the Government; or

(4)  in the case of construction contracts, they are submitted by contractors or suppliers that have an establishment in Canada or only in a part of Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government according to whether they involve an expenditure below or above the ceiling ordered by the Minister.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  At the opening of the tenders, the following must be disclosed aloud:

(1)  the names of the tenderers, including, if applicable, the names of those having electronically submitted a tender whose integrity has not been ascertained, subject to a later verification; and

(2)  the total price of each tender, subject to that verification.

However, if the integrity of at least one tender submitted electronically could not be ascertained at the opening of the tenders, the above disclosure must instead be made within the following four working days, by publishing the result of the opening of the tenders in the electronic tendering system.

(7)  Subject to sections 573.1.0.1, 573.1.0.1.1 and 573.1.0.1.3, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2; 2016, c. 17, s. 14; 2018, c. 8, s. 61; 2019, c. 28, s. 124; 2021, c. 7, s. 35; 2021, c. 35, s. 7.

2021-03-25

573. (1)  The following contracts, if they involve an expenditure equal to or above the threshold ordered by the Minister, may only be awarded after a public call for tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

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

(a)  covered by a regulation adopted under section 573.3.0.1 or 573.3.0.2, 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.

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.

A public call for tenders for a construction, supply or services contract involving an expenditure equal to or above the threshold ordered by the Minister must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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.

(2)  The time for the receipt of tenders must be in accordance with the time ordered by the Minister.

If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

(2.0.1)  A public call for tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.9.1, 29.10 or 572.1;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A public call for tenders for a contract referred to in the third paragraph of subsection 1 may also provide that tenders will be considered only if

(1)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of supply contracts or contracts for the supply of services involving an expenditure below the ceiling ordered by the Minister;

(2)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of contracts for the supply of services other than services listed in the eighth paragraph of section 573.1.0.4.1 and involving an expenditure equal to or above the ceiling ordered by the Minister;

(3)  in the case of supply contracts or contracts for the supply of services listed in subparagraph 2.3 of the first paragraph of section 573.3 involving an expenditure equal to or above the ceiling ordered by the Minister, they are submitted by contractors or suppliers that have an establishment in Canada or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and are mentioned in the electronic tendering system approved by the Government; or

(4)  in the case of construction contracts, they are submitted by contractors or suppliers that have an establishment in Canada or only in a part of Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government according to whether they involve an expenditure below or above the ceiling ordered by the Minister.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  At the opening of the tenders, the following must be disclosed aloud:

(1)  the names of the tenderers, including, if applicable, the names of those having electronically submitted a tender whose integrity has not been ascertained, subject to a later verification; and

(2)  the total price of each tender, subject to that verification.

However, if the integrity of at least one tender submitted electronically could not be ascertained at the opening of the tenders, the above disclosure must instead be made within the following four working days, by publishing the result of the opening of the tenders in the electronic tendering system.

(7)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2; 2016, c. 17, s. 14; 2018, c. 8, s. 61; 2019, c. 28, s. 124; 2021, c. 7, s. 35.

2020-01-10

573. (1)  The following contracts, if they involve an expenditure equal to or above the threshold ordered by the Minister, may only be awarded after a public call for tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

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

(a)  covered by a regulation adopted under section 573.3.0.1 or 573.3.0.2, 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.

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.

A public call for tenders for a construction, supply or services contract involving an expenditure equal to or above the threshold ordered by the Minister must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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.

(2)  The time for the receipt of tenders must be in accordance with the time ordered by the Minister.

If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

(2.0.1)  A public call for tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.9.1, 29.10 or 572.1;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A public call for tenders for a contract referred to in the third paragraph of subsection 1 may also provide that tenders will be considered only if

(1)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of supply contracts or contracts for the supply of services involving an expenditure below the ceiling ordered by the Minister;

(2)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of contracts for the supply of services other than services listed in subparagraph 2.3 of the first paragraph of section 573.3 and involving an expenditure equal to or above the ceiling ordered by the Minister;

(3)  in the case of supply contracts or contracts for the supply of services listed in subparagraph 2.3 of the first paragraph of section 573.3 involving an expenditure equal to or above the ceiling ordered by the Minister, they are submitted by contractors or suppliers that have an establishment in Canada or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and are mentioned in the electronic tendering system approved by the Government; or

(4)  in the case of construction contracts, they are submitted by contractors or suppliers that have an establishment in Canada or only in a part of Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government according to whether they involve an expenditure below or above the ceiling ordered by the Minister.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2; 2016, c. 17, s. 14; 2018, c. 8, s. 61; 2019, c. 28, s. 124.

2018-04-19

573. (1)  The following contracts, if they involve an expenditure equal to or above the threshold ordered by the Minister, may only be awarded after a public call for tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

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

(a)  covered by a regulation adopted under section 573.3.0.1 or 573.3.0.2, 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.

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.

A public call for tenders for a construction, supply or services contract involving an expenditure equal to or above the threshold ordered by the Minister must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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.

(2)  The time for the receipt of tenders must be in accordance with the time ordered by the Minister.

If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

(2.0.1)  A public call for tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.5, 29.9.1 or 29.10;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A public call for tenders for a contract referred to in the third paragraph of subsection 1 may also provide that tenders will be considered only if

(1)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of supply contracts or contracts for the supply of services involving an expenditure below the ceiling ordered by the Minister;

(2)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of contracts for the supply of services other than services listed in subparagraph 2.3 of the first paragraph of section 573.3 and involving an expenditure equal to or above the ceiling ordered by the Minister;

(3)  in the case of supply contracts or contracts for the supply of services listed in subparagraph 2.3 of the first paragraph of section 573.3 involving an expenditure equal to or above the ceiling ordered by the Minister, they are submitted by contractors or suppliers that have an establishment in Canada or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and are mentioned in the electronic tendering system approved by the Government; or

(4)  in the case of construction contracts, they are submitted by contractors or suppliers that have an establishment in Canada or only in a part of Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government according to whether they involve an expenditure below or above the ceiling ordered by the Minister.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2; 2016, c. 17, s. 14; 2018, c. 8, s. 61.

2016-06-10

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

(2.0.1)  A call for public tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.5, 29.9.1 or 29.10;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may also provide that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any territory referred to in paragraph 1.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2; 2016, c. 17, s. 14.

2013-06-26

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.0.1)  A call for public tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.5, 29.9.1 or 29.10;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may also provide that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any territory referred to in paragraph 1.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2.

2011-04-01

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any territory referred to in paragraph 1.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32.

2010-09-01

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any territory referred to in paragraph 1.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32.

2010-06-11

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must

(1) 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, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any territory referred to in paragraph 1.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32.

2009-06-30

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any other province or territory referred to in subparagraph 1.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109.

2005-06-17

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality ; or

(2)  the goods concerned are produced in a territory comprising Québec and any other province or territory referred to in subparagraph 1.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Regions, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

2003-12-18

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality ; or

(2)  the goods concerned are produced in a territory comprising Québec and any other province or territory referred to in subparagraph 1.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Sports and Recreation, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250.

2002-06-14

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality ; or

(2)  the goods concerned are produced in a territory comprising Québec and any other province or territory referred to in subparagraph 1.

(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)  Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84.

2001-12-20

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more and are not covered by paragraph 2 of section 573.3.0.2, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in paragraph 1 of section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23.

2001-06-21

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more and are not covered by paragraph 2 of section 573.3.0.2, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

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

(a)  referred to in paragraph 1 of section 573.3.0.2;

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

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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 subcriptions;

(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 than 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 of the fourth paragraph, is not a supply contract for the purposes of the third paragraph, is not a contract for the supply of equipment or material for the purposes of the first and second paragraphs.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33.

1999-10-27

573. (1)  Unless it involves an expenditure of less than $50,000 in the case of a municipality having a population of less than 50 000, or $100,000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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 subcriptions;

(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 than 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 573.1.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

1999-10-22

573. (1)  Unless it involves an expenditure of less than $50,000 in the case of a municipality having a population of less than 50 000, or $100,000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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 subcriptions;

(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 than 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 573.1.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51.

1998-07-01

573. (1)  Unless it involves an expenditure of less than $50,000 in the case of a municipality having a population of less than 50 000, or $100,000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for 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 subcriptions;

(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 than 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 573.1.

(2)  The delay for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24.

1997-12-19

573. (1)  Unless it involves an expenditure of less than $50,000 in the case of a municipality having a population of less than 50 000, or $100,000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must be published either in a daily newspaper circulated mainly in Québec or by means of an electronic tendering system 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.

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 subcriptions;

(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 than 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 573.1.

(2)  The delay for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66.

1997-09-01

573. (1)  Unless it involves an expenditure of less than $50,000 in the case of a municipality having a population of less than 50 000, or $100,000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must be published either in a daily newspaper circulated mainly in Québec or by means of an electronic tendering system and in a newspaper circulated in the territory of the municipality.

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 subcriptions;

(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 than 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 573.1.

(2)  The delay for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation 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 other 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)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7.

1996-06-20

573. (1)  Unless it involves an expenditure of less than $50,000 in the case of a municipality having a population of less than 50 000, or $100,000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction contract involving an expenditure of $100,000 or more must be published either in a daily newspaper circulated mainly in Québec or by means of an electronic tendering system and in a newspaper circulated in the territory of the municipality.

For the purposes of the third paragraph, “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work. It also includes site preparation, excavation, drilling, dynamiting, 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)  The delay for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors, in addition to contractors having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the municipality will be considered.

(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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made, within the prescribed time, the lowest tender or a tender that does not exceed the lowest tender by more than 1 % or $50,000.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay. For the purposes of this subsection, every tender that does not exceed the lowest tender by more than 1 % or $50,000 is considered to be the lowest tender.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35.

1995-06-22

573. (1)  Unless it involves an expenditure of less than $50 000 in the case of a municipality having a population of less than 50 000, or $100 000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

The newspaper in which the call for public tenders must be published for a construction contract involving an expenditure of $100 000 or more must be a daily newspaper circulated mainly in Québec.

For the purposes of the third paragraph, “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work. It also includes site preparation, excavation, drilling, dynamiting, 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)  The delay for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors, in addition to contractors having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the municipality will be considered.

(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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23.

1992-06-23

573. (1)  Unless it involves an expenditure of less than $50 000 in the case of a municipality having a population of less than 50 000, or $100 000 in the case of a municipality having a population of 50 000 or over, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

(2)  The delay for the receipt of tenders shall not be less than eight 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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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; 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26.

1988-01-01

573. (1)  Unless it involves an expenditure of less than $25 000, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

(2)  The delay for the receipt of tenders shall not be less than eight 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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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; 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).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728.

1983-12-22

573. (1)  Unless it involves an expenditure of less than $25 000, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

(2)  The delay for the receipt of tenders shall not be less than eight 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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to 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; an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60.

1979-06-22

573. (1)  Unless it involves an expenditure of less than $25 000, no insurance contract or 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

(2)  The delay for the receipt of tenders shall not be less than eight 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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in the first paragraph of this subsection is joint and several, and it applies to every officer of the municipality 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; an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92.

1978-08-01

573. (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 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 also any contract for the leasing of equipment by the municipality with an option to purchase.

(2)  The delay for the receipt of tenders shall not be less than eight 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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in the first paragraph of this subsection is joint and several, and it applies to every officer of the municipality 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; an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21.

1977-12-31

573. (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 by advertisement in a newspaper.

(2)  The delay for the receipt of tenders shall not be less than eight 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, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

R. S. 1964, c. 193, s. 610.