C-37.01 - Act respecting the Communauté métropolitaine de Montréal

Section 112.0.0.0.1 Disposition versions

2021-03-25

112.0.0.0.1. In addition to what is permitted under section 108, the Community may, in a public call for tenders or in a document to which it refers, discriminate in any or a combination of the following ways:

(1)  for the purposes of a construction contract, a supply contract or a contract for services mentioned in the fifth paragraph involving an expenditure below the ceiling ordered by the Minister in respect of each class of contract, or a contract for any other service than those mentioned in the fifth paragraph, by requiring, on pain of rejection of the tender, that all or part of the goods or services be Canadian goods or services or that all or part of the suppliers or contractors have an establishment in Canada; and

(2)  for the purposes of any of the contracts mentioned in subparagraph 1, where the Community uses a system of bid weighting and evaluating referred to in section 109 or section 109.1, by considering, as a qualitative evaluation criterion, the Canadian origin of part of the goods, services, suppliers, insurers or contractors.

The maximum number of points that may be assigned to the evaluation criterion in subparagraph 2 of the first paragraph may not be greater than 10% of the total number of points for all the criteria.

For the purposes of any services contract by which the Community requires that a contractor or supplier operate all or part of a public property for the purpose of providing a service to the public, the Community may require, on pain of rejection of the tender, that the services be provided by a contractor or supplier from Canada or Québec.

For the purposes of the first paragraph, goods are deemed to be Canadian goods if assembled in Canada, even if some of their parts do not come from Canada.

The services referred to in subparagraph 1 of the first paragraph are the following services:

(1)  courier or mail services, including email;

(2)  fax services;

(3)  real estate services;

(4)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(5)  maintenance or repair services for office equipment;

(6)  management consulting services, except arbitration, mediation and conciliation services with regard to human resources management;

(7)  architectural or engineering services, except engineering services related to a single transportation infrastructure design and construction contract;

(8)  architectural landscaping services;

(9)  land use and planning services;

(10)  test, analysis or inspection services for quality control;

(11)  exterior and interior building cleaning services;

(12)  machinery or equipment repair services;

(13)  purification services;

(14)  garbage removal services; and

(15)  road services.

Despite the preceding paragraphs, in the case of the contracting process for a contract referred to in the third paragraph involving an expenditure equal to or above $20,000,000, the Community must apply the discriminatory measures set out with regard to such a contract. The same applies where the Community uses a qualitative criterion referred to in subparagraph 2 of the first paragraph with regard to a contract referred to in subparagraph 1 of that paragraph and involving such an expenditure.

Despite the sixth paragraph and subject to compliance with intergovernmental agreements on the opening of public procurement, the Government may, on the conditions it determines, exempt the Community from complying with an obligation set out in that paragraph after the Community shows, following thorough and documented verification, that the obligation so restricts procurement that there is a real risk of no tender being submitted.

2021, c. 7, s. 58.