G-1.011 - Act respecting workforce management and control within government departments, public sector bodies and networks and state-owned enterprises

Section 16 Disposition versions

2020-06-15

16. To enter into a service contract, a public body must be authorized by its chief executive officer. This power can be delegated by the chief executive officer in the case of a service contract with a natural person involving an expenditure of less than $10,000 and, in other cases, an expenditure of less than $25,000.

However, the authorization provided for in the first paragraph is not required if

(1)  the public body, after being designated by the Conseil du trésor, made a directive on service contracts not subject to the authorization of its chief executive officer;

(2)  the object of the service contract is set out in the directive; and

(3)  the contract is entered into with a contractor other than a natural person.

Nor is the authorization provided for in the first paragraph required for a service contract with a natural person who does not operate a sole proprietorship in cases when the contract must be authorized by the Conseil du trésor under a policy or a directive concerning the management of the supply, service and construction contracts of public bodies issued under section 26 of the Act respecting contracting by public bodies (chapter C-65.1).

For the purposes of this Act, the chief executive officer of a public body is the person having the highest administrative authority, such as the deputy minister, the president, the director general or any other person responsible for the day-to-day management of the public body. However, in the case of a public body referred to in any of paragraphs 2 to 4 of section 2, the chief executive officer is the board of directors or, in the case of a school board governed by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the council of commissioners. The board of directors or the council of commissioners may, despite the provisions of the first paragraph regarding delegation of the power to authorize the conclusion of certain service contracts, delegate all or part of the functions conferred on the chief executive officer of a body to its executive committee, the director general or, in the case of a university institution, a member of the senior administrative personnel within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1).

2014, c. 17, s. 16; 2020, c. 1, s. 277.

2014-12-05

16. To enter into a service contract, a public body must be authorized by its chief executive officer. This power can be delegated by the chief executive officer in the case of a service contract with a natural person involving an expenditure of less than $10,000 and, in other cases, an expenditure of less than $25,000.

However, the authorization provided for in the first paragraph is not required if

(1)  the public body, after being designated by the Conseil du trésor, made a directive on service contracts not subject to the authorization of its chief executive officer;

(2)  the object of the service contract is set out in the directive; and

(3)  the contract is entered into with a contractor other than a natural person.

Nor is the authorization provided for in the first paragraph required for a service contract with a natural person who does not operate a sole proprietorship in cases when the contract must be authorized by the Conseil du trésor under a policy or a directive concerning the management of the supply, service and construction contracts of public bodies issued under section 26 of the Act respecting contracting by public bodies (chapter C-65.1).

For the purposes of this Act, the chief executive officer of a public body is the person having the highest administrative authority, such as the deputy minister, the president, the director general or any other person responsible for the day-to-day management of the public body. However, in the case of a public body referred to in any of paragraphs 2 to 4 of section 2, the chief executive officer is the board of directors or, in the case of a school board, the council of commissioners. The board of directors or the council of commissioners may, despite the provisions of the first paragraph regarding delegation of the power to authorize the conclusion of certain service contracts, delegate all or part of the functions conferred on the chief executive officer of a body to its executive committee, the director general or, in the case of a university institution, a member of the senior administrative personnel within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1).

2014, c. 17, s. 16.