C-65.1 - Act respecting contracting by public bodies

Section 3 Disposition versions

2024-10-09

3. The following public procurement contracts are subject to this Act when they involve public expenditure:

(1)  supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property, to the extent that they are not for the acquisition of goods for commercial sale or resale or to be used to produce or provide goods or services for commercial sale or resale;

(2)  construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and

(3)  service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.

The following contracts are also subject to this Act whether or not they involve public expenditure:

(1)  partnership contracts, that is, contracts entered into for the purposes of an infrastructure project for which a public body brings in a contractor to participate in designing and building the infrastructure and carry out other responsibilities related to the infrastructure such as its financing, maintenance or operation, and that involve a collaborative approach during or after the tendering process;

(2)  any other contract determined by government regulation.

A leasing contract is considered to be a supply contract.

Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.

Mixed construction work and professional services contracts under which a public body brings in a contractor to participate in designing and building an infrastructure by using a collaborative approach during or after the tendering process as well as contracts determined by a regulation of the Conseil du trésor under which a public body brings in a contractor to participate in designing or building an infrastructure if they involve a collaborative approach specified in the regulation are considered to be partnership contracts.

For the purposes of this Act, a collaborative approach may, in particular, include holding bilateral workshops in the presence of a process auditor, pooling resources and information related to the infrastructure project as well as consensually sharing risks and, as applicable, savings generated or gains made and losses sustained during the term of the contract while complying with the quality requirements.

2006, c. 29, s. 3; 2009, c. 53, s. 49; 2013, c. 23, s. 105; 2017, c. 27, s. 89; 2018, c. 10, s. 3; 2024, c. 28, s. 1.

2018-05-10

3. The following public procurement contracts are subject to this Act when they involve public expenditure:

(1)  supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property, to the extent that they are not for the acquisition of goods for commercial sale or resale or to be used to produce or provide goods or services for commercial sale or resale;

(2)  construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and

(3)  service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.

The following contracts are also subject to this Act whether or not they involve public expenditure:

(1)  public-private partnership contracts entered into for the purposes of a public infrastructure project for which a public body brings in a contractor to participate in designing, building and operating the infrastructure; and

(2)  any other contract determined by government regulation.

A leasing contract is considered to be a supply contract.

Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.

2006, c. 29, s. 3; 2009, c. 53, s. 49; 2013, c. 23, s. 105; 2017, c. 27, s. 89; 2018, c. 10, s. 3.

2017-12-01

3. The following public procurement contracts are subject to this Act when they involve public expenditure:

(1)  supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property, to the extent that they are not for the acquisition of goods for commercial sale or resale or to be used to produce or provide goods or services for commercial sale or resale;

(2)  construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and

(3)  service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.

The following contracts are also subject to this Act whether or not they involve public expenditure:

(1)  public-private partnership contracts entered into for the purposes of a public infrastructure project for which a public body brings in a contractor to participate in designing, building and operating the infrastructure; and

(2)  any other contract determined by government regulation.

Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.

2006, c. 29, s. 3; 2009, c. 53, s. 49; 2013, c. 23, s. 105; 2017, c. 27, s. 89.

2013-11-06

3. The following public procurement contracts are subject to this Act when they involve public expenditure:

(1)  supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property;

(2)  construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and

(3)  service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.

The following contracts are also subject to this Act whether or not they involve public expenditure:

(1)  public-private partnership contracts entered into for the purposes of a public infrastructure project for which a public body brings in a contractor to participate in designing, building and operating the infrastructure; and

(2)  any other contract determined by government regulation.

Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.

2006, c. 29, s. 3; 2009, c. 53, s. 49; 2013, c. 23, s. 105.

2010-03-17

3. The following public procurement contracts are subject to this Act when they involve public expenditure:

(1)  supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property;

(2)  construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and

(3)  service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.

The following contracts are also subject to this Act whether or not they involve public expenditure:

(1)  public-private partnership contracts entered into for the purposes of a public infrastructure project carried out under a public-private partnership within the meaning of the Act respecting Infrastructure Québec (chapter I-8.2); and

(2)  any other contract determined by government regulation.

Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.

2006, c. 29, s. 3; 2009, c. 53, s. 49.

2008-10-01

3. The following public procurement contracts are subject to this Act when they involve public expenditure:

(1)  supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property;

(2)  construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and

(3)  service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.

The following contracts are also subject to this Act whether or not they involve public expenditure:

(1)  public-private partnership contracts within the meaning of the Act respecting the Agence des partenariats public-privé du Québec (chapter A-7.002); and

(2)  any other contract determined by government regulation.

Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.

2006, c. 29, s. 3.