21.20. The Conseil du trésor may, in exceptional circumstances, give a public body permission to enter into a contract with an enterprise that does not hold an authorization, or give a contractor of a public body permission to enter into a public subcontract directly related to a public contract with such an enterprise, if it is in the public interest that the contract or subcontract be performed by that enterprise. The Conseil du trésor may subject the permission to certain conditions, including that the contractor or subcontractor agree to the implementation, at the contractor’s or subcontractor’s expense, of oversight and monitoring measures.
If a public body considers that urgent action is required and there is a threat to human safety or property, its chief executive officer may allow a contract to be entered into with an enterprise that does not hold an authorization or give a contractor of the public body permission to enter into a public subcontract directly related to a public contract with such an enterprise. The chief executive officer must however give the Chair of the Conseil du trésor notice in writing within 15 days.
The Chair of the Conseil du trésor publishes the name of the enterprise having entered into a contract or subcontract under the first or second paragraph by posting it on a website within 15 days after the decision of the Conseil or after receiving notice from the chief executive officer of the public body. The Chair also publishes the name of the enterprise in the Gazette officielle du Québec.