S-30.01 - Act respecting public transit authorities

Section 99.0.0.1 Disposition versions

2021-03-25

99.0.0.1. In addition to what is permitted under section 95, a transit authority 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, a contract for services mentioned in the eighth 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 eighth 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 transit authority uses a system of bid weighting and evaluating referred to in section 96 or section 96.1, 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.

In addition and despite the preceding paragraphs, for the purposes of any single contract providing for the design and construction of a transportation infrastructure, a transit authority may require, on pain of rejection of the tender, that all the engineering services related to the contract be provided by suppliers from Canada or Québec.

For the purposes of any services contract by which a transit authority 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 transit authority 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 any contract for the acquisition of mass transit vehicles involving an expenditure equal to or above the threshold ordered by the Minister, a transit authority may require that the other contracting party contract up to 25% of the total contract value in Canada and that the vehicles’ final assembly be included in the subcontracted work.

“Assembly” means the installation and interconnection of any of the following parts and includes the vehicles’ final inspection, test and final preparation for delivery:

(1)  engine, propulsion control system and auxiliary power;

(2)  transmission;

(3)  axles, suspension or differential;

(4)  brake system;

(5)  ventilation, heating or air conditioning system;

(6)  frames;

(7)  pneumatic or electrical systems;

(8)  door system;

(9)  passenger seats and handrails;

(10)  information and destination indicator system and remote monitoring system; and

(11)  wheelchair access ramp.

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 or 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, fourth or fifth paragraph involving an expenditure equal to or above $20,000,000, the transit authority must apply the discriminatory measures set out with regard to such a contract. The same applies where the transit authority 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 ninth paragraph and subject to compliance with intergovernmental agreements on the opening of public procurement, the Government may, on the conditions it determines, exempt the transit authority from complying with an obligation set out in that paragraph after the transit authority 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. 107.