c-65.1 - Act respecting contracting by public bodies

À jour au 7 décembre 2012

Ce document a valeur officielle.

chapter C-65.1

Act respecting contracting by public bodies

CHAPTER I PURPOSE AND SCOPE

1. The purpose of this Act is to determine the conditions applicable with regard to public contracts between a public body and a contractor who is a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.

The purpose of this Act is also to determine certain conditions applicable to subcontracts directly or indirectly related to a contract described in the first paragraph.

In addition, the purpose of this Act is to determine certain conditions applicable to any other contract related to a contract or a subcontract described in the first or second paragraph.

2006, c. 29, s. 1; 2011, c. 17, s. 48; 2012, c. 25, s. 1.

2. In compliance with all applicable intergovernmental agreements, the conditions determined by this Act aim to promote

(0.1)  public confidence in the public procurement process by attesting to the integrity of tenderers;

(1)  transparency in contracting processes;

(2)  the honest and fair treatment of tenderers;

(3)  the opportunity for qualified tenderers to compete in calls for tenders made by public bodies;

(4)  the use of effective and efficient contracting procedures, including careful, thorough evaluation of procurement requirements that reflects the Government’s sustainable development and environmental policies;

(5)  the implementation of quality assurance systems for the goods, services or construction work required by public bodies; and

(6)  accountability reporting by the chief executive officers of public bodies to verify the proper use of public funds.

For the purposes of this Act, “intergovernmental agreement” means a public procurement liberalization agreement between Québec and another jurisdiction.

2006, c. 29, s. 2; 2012, c. 25, s. 2.

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.

4. For the purposes of this Act, public bodies include

(1)  government departments;

(2)  bodies all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  bodies whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1);

(4)  bodies a majority of whose members or directors are appointed by the Government or by a minister and at least half of whose expenditures are borne directly or indirectly by the Consolidated Revenue Fund;

(5)  school boards, the Comité de gestion de la taxe scolaire de l’île de Montréal, general and vocational colleges, and university institutions referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); and

(6)  health and social services agencies and public institutions referred to in the Act respecting health services and social services (chapter S-4.2), legal persons and joint procurement groups referred to in section 383 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) and health communication centres within the meaning of the Act respecting pre-hospital emergency services (chapter S-6.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

2006, c. 29, s. 4; 2011, c. 16, s. 182.

5. The National Assembly, any person appointed or designated by the National Assembly to exercise functions under its authority, the personnel directed by that person, and the Commission de la représentation are subject to this Act only to the extent determined by an Act.

2006, c. 29, s. 5.

6. The Conseil de la magistrature, the committee on the remuneration of the judges of the Court of Québec and the municipal courts and the committee on the remuneration of criminal and penal prosecuting attorneys are not subject to this Act.

2006, c. 29, s. 6; 2011, c. 31, s. 17.

7. Bodies other than those referred to in sections 4 to 6 and at least half of whose members or directors are appointed or elected by the Government or by a minister must adopt a contracting policy and make it public not later than 30 days after its adoption.

The policy referred to in the first paragraph must be consistent with any applicable intergovernmental agreement and reflect the principles set out in sections 2 and 14.

2006, c. 29, s. 7.

7.1. Despite section 176.0.3 of the Act respecting occupational health and safety (chapter S-2.1), the Commission de la santé et de la sécurité du travail is deemed to be a body described in section 7 for the purposes of

(1)  Chapter V.1 and the regulations made under section 23 for the purposes of that chapter; and

(2)  the regulations made under section 23.1.

2011, c. 18, s. 49.

8. The deputy minister of a government department or, in the case of a public body referred to in subparagraphs 2 to 4 and 6 of the first paragraph of section 4, the person responsible for its administrative management, is to exercise the functions this Act confers on the chief executive officer of a public body.

The chief executive officer, in the case of a body referred to in subparagraph 5 of the first paragraph of section 4, is the board of directors and, in the case of a school board, the council of commissioners. The board of directors or the council of commissioners may, by regulation, delegate all or part of the functions conferred on the chief executive officer to the 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).

2006, c. 29, s. 8.

9. With regard to public procurement contracts and public-private partnership contracts, this Act prevails over any contrary prior or subsequent general or special Act unless the general or special Act expressly states that it applies despite this Act.

2006, c. 29, s. 9.

CHAPTER II CONTRACT AWARD

DIVISION I PUBLIC CALLS FOR TENDERS

10. A public body must make a public call for tenders

(1)  for any supply, service or construction contract involving an expenditure equal to or above the lowest threshold specified in an intergovernmental agreement applicable to the contract and the public body;

(2)  for any public-private partnership contract; and

(3)  for any other contract determined by government regulation.

For the purposes of subparagraph 1 of the first paragraph, the threshold applicable to a contract not subject to an intergovernmental agreement is the threshold for supply, service or construction contracts, as appropriate.

A public body must consider making a regionalized public call for tenders for any contract not subject to an intergovernmental agreement.

2006, c. 29, s. 10.

11. A public call for tenders is made by publishing a notice on the electronic tendering system approved by the Government.

2006, c. 29, s. 11.

12. No public body may split or segment its procurement requirements or amend a contract for the purpose of avoiding the obligation to make a public call for tenders or any other obligation under this Act.

2006, c. 29, s. 12.

DIVISION II CONTRACTS BY MUTUAL AGREEMENT

13. A contract involving an expenditure equal to or above the public tender threshold specified in section 10 may be entered into by mutual agreement

(1)  if there is an emergency that threatens human safety or property;

(2)  if there is only one possible contractor because of the existence of a guarantee, an ownership right or an exclusive right such as a copyright or a right based on an exclusive licence or patent, or because of the artistic, heritage or museological value of the required property or service;

(3)  if the contract involves confidential or protected information whose disclosure in a public call for tenders could compromise its confidential nature or otherwise hinder the public interest;

(4)  if the public body considers that it will be able to prove, in accordance with the principles set out in section 2, that a public call for tenders would not serve the public interest given the object of the contract concerned; or

(5)  in any other case determined by government regulation.

In the cases described in subparagraphs 3 and 4 of the first paragraph, the contract must be authorized by the chief executive officer of the public body, who must inform the Conseil du trésor on an annual basis.

2006, c. 29, s. 13; 2012, c. 25, s. 6.

DIVISION III CONTRACTS INVOLVING AN EXPENDITURE BELOW THE PUBLIC TENDER THRESHOLD

14. Public bodies must award contracts involving an expenditure below the public tender threshold in accordance with the principles set out in this Act. To ensure the sound management of such contracts, public bodies must, among other means, consider whether they should

(1)  make a public call for tenders or issue an invitation to tender;

(2)  introduce measures to favour the procurement of goods, services or construction work from tenderers or contractors in the region concerned, subject to any applicable intergovernmental agreement;

(3)  use a rotation system among the tenderers or contractors they deal with, or seek new tenderers or contractors;

(4)  include provisions to control the amount of such contracts and of any related additional expenditure, especially in the case of contracts by mutual agreement; or

(5)  set up a monitoring mechanism to ensure that the contracting process is effective and efficient.

2006, c. 29, s. 14.

CHAPTER III JOINT CALLS FOR TENDERS BY PUBLIC BODIES

15. Two or more public bodies may make a joint call for tenders.

A public body may also be party to a joint call for tenders with a legal person established in the public interest whose contracting conditions are different from those determined by this Act. In such a case, the conditions for the joint call for tenders are those to which the public body or the legal person established in the public interest is subject.

2006, c. 29, s. 15.

16. No public body may make a joint call for tenders under section 15 without taking into account its impact on the regional economy.

2006, c. 29, s. 16.

CHAPTER IV CONTRACT AMENDMENTS

17. A contract may be amended if the amendment is accessory and does not change the nature of the contract.

However, if the contract involves an expenditure equal to or above the public tender threshold, an amendment that entails an additional expenditure must moreover be authorized by the chief executive officer of the public body. The chief executive officer may delegate, in writing and to the extent specified, the power to authorize such an amendment. Additional expenditures authorized under a given delegation may not total more than 10% of the initial amount of the contract.

Despite the second paragraph, an amendment does not require authorization if it is due to a variation in the amount to which a predetermined percentage is to be applied or, subject to section 12, to a variation in a quantity for which a unit price has been agreed.

2006, c. 29, s. 17; 2012, c. 25, s. 7.

CHAPTER V PUBLIC-PRIVATE PARTNERSHIP CONTRACTS

18. Public-private partnership contracts are to be entered into in accordance with this chapter and the principles set out in section 2 of this Act.

2006, c. 29, s. 18; 2009, c. 53, s. 50.

19. A public call for tenders for a public-private partnership contract may involve different stages according to the complexity of the project and the number of potentially interested tenderers. The stages of the call for tenders must be defined in the tender documents. However, a stage may be adapted with the consent of the majority of the tenderers having a stake in the subsequent stages.

2006, c. 29, s. 19.

20. The tender documents must include

(1)  the criteria and conditions against which the public body will evaluate the tenderers and their proposals;

(2)  provisions allowing the public body to ensure compliance at all times with the rules applicable to it, particularly as regards access to documents held by public bodies and the protection of personal information, and to meet accountability reporting requirements; and

(3)  conflict of interest rules.

2006, c. 29, s. 20.

21. Subject to the conditions specified in the call for tenders and in accordance with its express provisions concerning how it may be amended, the public body may,

(1)  after the first stage of the selection process and at any subsequent stage, undertake discussions with each of the selected tenderers to further define the technical, financial or contractual aspects of the project and give each of them the opportunity to submit a proposal based on the outcome of those discussions; and

(2)  at the end of the selection process, negotiate, with the selected contractor, the provisions needed to finalize the contract while preserving the basic elements of the tender documents and the proposal.

2006, c. 29, s. 21.

CHAPTER V.0.1 CONTRACT RULES COMPLIANCE MONITOR

2012, c. 25, s. 8.

21.0.1. The chief executive officer of a public body must designate a contract rules compliance monitor.

However, two public bodies under the responsibility of the same minister may agree to have the contract rules compliance monitor of one public body act in the same capacity for the other.

2012, c. 25, s. 8.

21.0.2. The functions of the contract rules compliance monitor include

(1)  seeing that the contract rules prescribed by this Act and the regulations, policies and directives under this Act are complied with;

(2)  advising, and making recommendations or providing advisory opinions to, the chief executive officer on compliance with contract rules;

(3)  seeing that measures are put in place within the public body to ensure the integrity of internal processes;

(4)  seeing to the professional fitness of the personnel involved in contractual activities; and

(5)  exercising any other function the chief executive officer may require to ensure that contract rules are complied with.

2012, c. 25, s. 8.

CHAPTER V.1 INELIGIBILITY FOR PUBLIC CONTRACTS

2011, c. 17, s. 49.

DIVISION I CRITERIA FOR INELIGIBILITY AND OVERSIGHT MEASURES

2011, c. 17, s. 49.

21.1. A contractor described in section 1 who is convicted, by a final judgment, of any offence determined by regulation is ineligible for public contracts as of the recording of the conviction in the register provided for in section 21.6. The conviction must be recorded in the register within 20 days after the date on which the chair of the Conseil du trésor is informed of the final judgment.

2011, c. 17, s. 49; 2011, c. 35, s. 46; 2012, c. 21, s. 13.

21.2. If an associate of a contractor described in section 1 is convicted, by a final judgment, of any offence referred to in section 21.1, the contractor is ineligible for public contracts as of the recording of the situation in the register provided for in section 21.6. The situation must be recorded in the register within 20 days after the date on which the chair of the Conseil du trésor is informed of the final judgment.

For the purposes of this Act, “associate” means, in the case of a legal person, a director or any other officer of the legal person or a person holding shares carrying more than 50% of the voting rights attached to the shares of the capital stock of the legal person that may be exercised under any circumstances and, in the case of a general, limited or undeclared partnership, a partner or any other officer of the partnership.

For the purposes of this section, an offence committed by an associate other than a shareholder described in the second paragraph must have been committed in exercising functions for the contractor.

2011, c. 17, s. 49; 2011, c. 35, s. 47; 2012, c. 21, s. 14.

21.2.1. Despite section 21.1 and the first paragraph of section 21.2, the Government may, in the cases, on the conditions and in the manner determined by regulation, prescribe that a contractor or an associate of a contractor must be convicted, by final judgments, of a minimum number of offences referred to in section 21.1. In such cases, the contractor becomes ineligible for public contracts once all the relevant convictions have been recorded in the register.

For the purposes of this section, if the offence is an offence under the regulatory provisions determined by regulation whose administration and enforcement is the responsibility of the Minister of Revenue under section 24.2, section 573.3.1.1 of the Cities and Towns Act (chapter C-19), article 938.1.1 of the Municipal Code of Québec (chapter C-27.1), section 113.1 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), section 106.1 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or section 103.1 of the Act respecting public transit authorities (chapter S-30.01), the Minister of Revenue may, on a request made by the contractor within 30 days after the date on which the judgment becomes final, disregard a conviction in computing the minimum number of convictions if it is warranted in the public interest or there are extenuating circumstances.

For the purposes of the second paragraph, if the conviction involves an associate of the contractor, the Minister of Revenue must so inform the contractor.

2011, c. 35, s. 48.

21.3. The performance of a contract described in section 3 entered into with a public body or a body described in section 7 must cease if the contractor becomes ineligible for public contracts while the contract is in process and the body fails to apply to the Conseil du trésor, within 20 days after becoming ineligible, for authorization for continued performance of the contract or the Conseil du trésor does not grant the authorization within 10 days after it is applied for.

The Conseil du trésor may subject its authorization to certain conditions, including that the contractor agree to the implementation, at the contractor’s own expense, of oversight and monitoring measures determined by regulation.

Despite the first paragraph, the authorization of the Conseil du trésor is not required when the body takes advantage of a guarantee arising from the contract.

This section does not apply when section 65.2.1 of the Building Act (chapter B-1.1) is applicable.

2011, c. 17, s. 49; 2011, c. 35, s. 49; 2012, c. 21, s. 15.

Until their repeal comes into force, sections 21.3 and 21.5 are respectively replaced by sections 21.19 and 21.20 of that Act, with the necessary modifications. (S.Q. 2012, c. 25, s. 93)

21.3.1. A contractor that cannot continue to perform a public contract pursuant to the first paragraph of section 21.3 or the first paragraph of section 65.2.1 of the Building Act (chapter B-1.1) is deemed to have defaulted on performance of the contract.

2011, c. 35, s. 50.

21.4. A contractor who is convicted, by a final judgment, of an offence under section 21.14 after having been convicted, by a final judgment, of the same offence in the preceding two years is ineligible for public contracts for a period of two years after the recording of that fact in the register provided for in section 21.6.

2011, c. 17, s. 49.

21.4.1. A contractor who is ineligible for public contracts may not, for the time determined by regulation for the offence or group of offences committed, which may not exceed five years, submit a bid to obtain a contract described in section 3 with a public body or a body described in section 7, enter into such a contract or enter into a subcontract that is directly related to such a contract.

2011, c. 35, s. 51; 2012, c. 21, s. 16.

21.5. Despite section 21.4.1, a public body or a body described in section 7 may, with the authorization of the minister responsible, enter into a contract with a contractor who is ineligible for public contracts under section 21.1, 21.2, 21.2.1 or 21.4 if the public body or body finds itself in one of the situations described in subparagraphs 2 to 4 of the first paragraph of section 13, provided the contractor agrees to the implementation, at the contractor’s expense, of oversight and monitoring measures determined by regulation.

As well, if a public body or a body described in section 7 finds itself in a situation described in subparagraph 1 of the first paragraph of section 13, it may enter into a contract with a contractor who is ineligible for public contracts under section 21.1, 21.2, 21.2.1 or 21.4, provided it obtains the authorization of the chief executive officer of the public body or body, who must inform the minister responsible within 30 days after granting the authorization.

2011, c. 17, s. 49; 2011, c. 35, s. 52.

Until their repeal comes into force, sections 21.3 and 21.5 are respectively replaced by sections 21.19 and 21.20 of that Act, with the necessary modifications. (S.Q. 2012, c. 25, s. 93)

DIVISION II ESTABLISHMENT, PURPOSE AND EFFECTS OF REGISTER

2011, c. 17, s. 49.

21.6. The Chair of the Conseil du trésor keeps a register of enterprises ineligible for public contracts.

2011, c. 17, s. 49.

21.7. The register must contain the following information concerning each contractor referred to in section 21.1, 21.2, 21.2.1 or 21.4:

(1)  in the case of a natural person who operates a sole proprietorship, his or her name, the name of the proprietorship, the address of its principal establishment in Québec and, if it is registered, its Québec business number;

(2)  in the case of a legal person or a general, limited or undeclared partnership, its name, the address of its principal establishment in Québec and, if it is registered, its Québec business number;

(3)  the offence or offences of which the contractor was convicted or the offence or offences of which an associate of the contractor was convicted, resulting in the contractor being named in the register and, in the latter case, the name of the associate and the municipality in whose territory the associate resides;

(4)  the date of the end of the period of ineligibility for public contracts; and

(5)  any other information determined by regulation.

2011, c. 17, s. 49; 2011, c. 35, s. 53.

21.8. Every public body and every body described in section 7 that is designated in a regulation must provide the information referred to in section 21.7 to the Chair of the Conseil du trésor, in the cases, on the conditions and in the manner determined by regulation.

2011, c. 17, s. 49.

21.9. The Chair of the Conseil du trésor may, in accordance with the applicable legislative provisions, enter into an agreement with a government other than the Gouvernement du Québec or a department or body of such a government to provide for the recording of information referred to in section 21.7 in the register.

2011, c. 17, s. 49.

21.10. The information contained in the register is public information and must be made available by the Chair of the Conseil du trésor, including by posting it on the Conseil du trésor website.

2011, c. 17, s. 49.

21.11. Before entering into a contract described in section 3, public bodies and bodies described in section 7 must make sure the bidders, or the successful bidder, are not named in the register or, if they are named in the register, that their period of ineligibility for public contracts has ended or that the conditions prescribed in section 21.5 have been met.

Similarly, a contractor who has entered into a contract described in section 3 with a public body or a body described in section 7 must, before entering into any subcontract required for the performance of the contract, make sure the subcontractors are not named in the register or, if they are named in the register, that their period of ineligibility for public contracts has ended.

2011, c. 17, s. 49; 2011, c. 35, s. 54.

DIVISION III INFORMATION AND RECTIFICATION

2011, c. 17, s. 49.

21.12. When a contractor is named in the register, the Chair of the Conseil du trésor informs the contractor in writing without delay, specifying the grounds for the registration and the contractor’s period of ineligibility for public contracts.

The contractor must provide in writing to the Chair of the Conseil du trésor, within the time determined by the Chair, the name of every public body and of every body described in section 7 with which a contract described in section 3 is in process as well as the name and, if applicable, Québec business number, of every legal person of which the contractor holds shares carrying more than 50% of the voting rights attached to the shares of the capital stock of the legal person that may be exercised under any circumstances.

A contractor who fails to provide the information required under the second paragraph commits an offence and is liable, for each day the offence continues, to a fine of $100 to $200 in the case of an individual and $200 to $400 in the case of a legal person for each of the first five days of delay, and to a fine of $200 to $400 in the case of an individual and $400 to $800 in the case of a legal person for each additional day of delay.

2011, c. 17, s. 49; 2011, c. 35, s. 55.

21.13. A contractor who has entered into a contract described in section 3 with a public body or a body described in section 7 must provide a list to the body, before performance of the contract begins, indicating the following information for each subcontract, if any, that the contractor has entered into:

(1)  the name and address of the principal establishment of the subcontractor;

(2)  the amount and date of the subcontract.

A contractor who, while a contract entered into with a public body or a body described in section 7 is in process, enters into a subcontract must notify the public body of such fact by providing it with a modified list before performance of the subcontract begins.

A contractor who fails to provide the information required under this section commits an offence and is liable, for each day the offence continues, to a fine of $100 to $200 in the case of an individual and $200 to $400 in the case of a legal person for each of the first five days of delay, and to a fine of $200 to $400 in the case of an individual and $400 to $800 in the case of a legal person for each additional day of delay.

2011, c. 17, s. 49.

21.14. A contractor who, in the context of performing a contract with a public body or a body described in section 7, enters into a subcontract with an ineligible contractor commits an offence and is liable to a fine of $1,000 to $10,000 in the case of an individual and $2,000 to $20,000 in the case of a legal person.

2011, c. 17, s. 49.

21.15. A contractor who may have been mistakenly named in the register or in respect of whom inaccurate information is recorded in the register may ask the Chair of the Conseil du trésor to make the necessary rectifications in the register.

The Chair verifies the accuracy of the entry in the register by contacting the body that provided the information, and takes any appropriate action.

2011, c. 17, s. 49.

21.16. The Chair of the Conseil du trésor may, on the Chair’s own initiative or following a request, remove any unlawful entry from the register.

2011, c. 17, s. 49.

CHAPTER V.2 PRIOR AUTHORIZATION FOR PUBLIC CONTRACT OR PUBLIC SUBCONTRACT

2012, c. 25, s. 10.

DIVISION I CONDITIONS AND OBLIGATIONS

2012, c. 25, s. 10.

21.17. An enterprise that wishes to enter into a contract with a public body involving an expenditure equal to or greater than the amount determined by the Government must obtain an authorization for that purpose from the Autorité des marchés financiers (the Authority). The amount may vary according to the category of contract.

An enterprise that wishes to enter into a subcontract that involves an expenditure equal to or greater than that amount and that is directly or indirectly related to a contract described in the first paragraph must also obtain such an authorization. Such subcontracts are public subcontracts.

For the purposes of this chapter, “enterprise” means a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.

2012, c. 25, s. 10.

For the purposes of section 21.17 of this Act, the service contracts and subcontracts covered are, as of 2 November 2015, service contracts and subcontracts involving an expenditure equal to or greater than $1,000,000, including, if applicable, the amount of the expenditure that would be incurred if all renewal options were exercised, and for which the award process begins as of 2 November 2015. Order in Council 435-2015 dated 27 May 2015, (2015) 147 G.O. 2, 1019.

For the purposes of section 21.17 of this Act, the contracts and subcontracts covered be, as of 24 October 2014, service contracts and subcontracts and construction contracts and subcontracts involving an expenditure equal to or greater than $5,000,000, including, if applicable, the amount of the expenditure that would be incurred if all renewal options were exercised, and for which the award process begins as of 24 October 2014. Order in Council 796-2014 dated 10 September 2014, (2014) 146 G.O. 2, 2047.

21.18. An enterprise that enters into a contract with a public body or that enters into a public subcontract must hold an authorization on the date the contract or subcontract is entered into. In the case of a consortium, every enterprise in the consortium must hold an authorization on that date.

Moreover, an enterprise that responds to a call for tenders for a public contract or subcontract must hold an authorization on the date it submits its bid, unless the call for tenders specifies a different date which precedes the date the contract is entered into.

An authorization must be maintained throughout the contract or subcontract.

2012, c. 25, s. 10.

21.19. A contractor or subcontractor who is in the process of performing a public contract or subcontract but no longer holds an authorization because it expired or the Authority revoked it or refused to renew it is deemed to have defaulted on the contract or subcontract on the expiry of a period of 60 days after the date the authorization expired or the Authority notified its decision. However, the contractor or subcontractor is not deemed to have defaulted in the case described in the fourth paragraph of section 21.41 or as regards honouring the contract or subcontract guarantees.

Despite the first paragraph and for a reason in the public interest, a public body may apply to the Conseil du trésor for permission for continued performance of a public contract or subcontract within 30 days after receiving notification from the Authority that the contractor or subcontractor no longer holds an authorization. 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.

2012, c. 25, s. 10.

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.

2012, c. 25, s. 10.

21.21. Despite section 21.17, the chief executive officer of a public body may enter into a contract with an enterprise that does not hold an authorization if the enterprise does not have an establishment in Québec and the contract is to be performed outside Québec. The chief executive officer of the public body must give the Chair of the Conseil du trésor notice in writing within 30 days.

2012, c. 25, s. 10.

21.22. To obtain the authorization required under section 21.17, an enterprise must submit an application to the Authority.

2012, c. 25, s. 10.

21.23. The application for authorization must be filed with the Authority by the natural person who is the operator if it is for a sole proprietorship, by a director or an officer if it is for a legal person and by a partner if it is for a partnership. The person filing the application acts as respondent for the purposes of this chapter.

The application must be in the form prescribed by the Authority and be filed together with the information and documents prescribed by regulation of the Authority and the fee determined by a decision of the Conseil du trésor. The information, documents and fee required may vary according to the type of enterprise or the place where the enterprise mainly carries on its activities.

2012, c. 25, s. 10.

21.24. In order for an application for authorization to be considered by the Authority, the enterprise must

(1)  if it has an establishment in Québec, provide an attestation from Revenu Québec, issued not more than 30 days before the date on which the application is filed, stating that the enterprise has filed the returns and the reports that it was required to file under fiscal laws and that it has no overdue account payable to the Minister of Revenue, including when recovery of an account has been legally suspended or arrangements have been made with the enterprise to ensure payment and the enterprise has not defaulted on the payment arrangements; and

(2)  not have been refused an authorization or have had its authorization revoked under any of sections 21.26 to 21.28 in the preceding 12 months; the Authority may consider a shorter period if it is satisfied that the enterprise has taken the necessary corrective measures.

Subparagraph 1 also applies to applications for renewal.

2012, c. 25, s. 10.

21.25. The Authority suspends an authorization if the enterprise no longer complies with the requirements for obtaining the attestation from Revenu Québec referred to in subparagraph 1 of the first paragraph of section 21.24. The suspension becomes effective on the 30th day after the date written notice of the suspension is sent to the enterprise. An enterprise may, however, bring itself back into compliance with those requirements before that time.

An enterprise whose authorization is suspended may, nevertheless, perform a public contract or subcontract if it held an authorization on the date the contract or subcontract was entered into or, when the enterprise submitted a bid in response to a call for tenders, on the bid submission deadline.

2012, c. 25, s. 10.

21.26. The Authority refuses to grant or to renew an authorization, or revokes an authorization, if

(1)  the enterprise has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(2)  any of the enterprise’s shareholders holding 50% or more of the voting rights attached to the shares that may be exercised under any circumstances has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(3)  any of the enterprise’s directors or officers has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(4)  the enterprise has, in the preceding five years, been found guilty by a foreign court of an offence which, if committed in Canada, could have resulted in criminal or penal proceedings for an offence listed in Schedule I;

(5)  the enterprise has been found guilty of an offence under section 641.2 of the Act respecting elections and referendums in municipalities (chapter E-2.2), section 221.1.2 of the Act respecting school elections (chapter E-2.3) or section 564.3 of the Election Act (chapter E-3.3), and the prohibition prescribed by that section in connection with the offence has not expired, unless a judge has suspended the prohibition;

(6)  the enterprise has, in the preceding two years, been ordered to suspend work by a decision enforceable under section 7.8 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20); or

(7)  the enterprise has, in the preceding two years, been ordered by a final judgment to pay an amount claimed under subparagraph c.2 of the first paragraph of section 81 of that Act.

A finding of guilty must be disregarded if a pardon has been obtained.

2012, c. 25, s. 10.

21.27. The Authority may refuse to grant or to renew an authorization or may revoke an authorization if the enterprise concerned fails to meet the high standards of integrity that the public is entitled to expect from a party to a public contract or subcontract.

2012, c. 25, s. 10.

21.28. For the purposes of section 21.27, the integrity of an enterprise and that of its directors, partners, officers and shareholders as well as that of other persons or entities that have direct or indirect legal or de facto control over the enterprise may be examined.

To that end, the Authority may consider such factors as

(1)  whether the enterprise or a person or entity referred to in the first paragraph maintains connections with a criminal organization within the meaning of subsection 1 of section 467.1 of the Criminal Code (R.S.C. 1985, c. C-46) or with any other person or entity that engages in laundering of proceeds of crime or in trafficking in a substance included in any of Schedules I to IV to the Controlled Drugs and Substances Act (S.C. 1996, c. 19);

(2)  whether the enterprise or a person or entity referred to in the first paragraph has been prosecuted, in the preceding five years, for any of the offences listed in Schedule I;

(3)  whether an enterprise, any of its directors, partners, officers or shareholders or a person or entity that has direct or indirect legal or de facto control over the enterprise has direct or indirect legal or de facto control over the enterprise seeking or holding an authorization and was, at the time an offence listed in Schedule I was committed by another enterprise, a director, partner, officer or shareholder of that other enterprise or a person or entity that had direct or indirect legal or de facto control over that other enterprise, provided the other enterprise was found guilty of the offence in the preceding five years;

(4)  whether the enterprise is under the direct or indirect legal or de facto control of another enterprise that has, in the preceding five years, been found guilty of an offence listed in Schedule I or whether any of the directors, partners or officers of that other enterprise or a person or entity that had direct or indirect legal or de facto control over that other enterprise was under such control at the time the offence was committed;

(5)  whether the enterprise or a person or entity referred to in the first paragraph has, in the preceding five years, been found guilty of or prosecuted for any other criminal or penal offence committed in the course of the enterprise’s business;

(6)  whether the enterprise or a person or entity referred to in the first paragraph has repeatedly evaded or attempted to evade compliance with the law in the course of the enterprise’s business;

(7)  whether a reasonable person would conclude that the enterprise is the extension of another enterprise that would be unable to obtain an authorization;

(8)  whether a reasonable person would conclude that the enterprise is lending its name to another enterprise that would be unable to obtain an authorization;

(9)  whether the enterprise’s activities are incommensurate with its legal sources of financing; and

(10)  whether the enterprise’s structure enables it to evade the application of this Act.

For the purposes of section 21.27, the Authority may also consider whether a person in authority acting on behalf of the enterprise has, in the preceding five years, been found guilty of or prosecuted for an offence listed in Schedule I.

A finding of guilty must be disregarded if a pardon has been obtained. The facts and circumstances surrounding an offence for which a pardon has been obtained may nevertheless be taken into consideration.

For an enterprise that is a public corporation, a person holding 10% or more of the voting rights attached to the shares of the enterprise is a shareholder.

2012, c. 25, s. 10.

21.29. For the purposes of sections 21.26 to 21.28, the Authority does not take into consideration any pending recourse against a finding of guilty.

2012, c. 25, s. 10.

21.30. When an enterprise submits an application for authorization or for renewal, the Authority sends the Associate Commissioner for Audits appointed under section 8 of the Anti-Corruption Act (chapter L-6.1) the information obtained so that the audit the Associate Commissioner considers necessary may be conducted.

2012, c. 25, s. 10.

21.31. As soon as possible after receiving the information, the Associate Commissioner for Audits provides an advisory opinion to the Authority on the enterprise concerned.

The advisory opinion must state the grounds for any recommendation that an authorization be refused or not be renewed under sections 21.26 to 21.28.

2012, c. 25, s. 10.

21.32. At any time during the validity period of an authorization, the Associate Commissioner may audit the enterprise concerned. If the Associate Commissioner, in the course of such an audit, finds that the validity of an authorization may be undermined, the Associate Commissioner provides an advisory opinion to that effect to the Authority. The advisory opinion must state the grounds on which it is recommended that the authorization be revoked under any of sections 21.26 to 21.28.

2012, c. 25, s. 10.

21.33. The audits provided for in sections 21.30 and 21.32 may be conducted, in accordance with the Anti-Corruption Act (chapter L-6.1), by the audit teams referred to in paragraph 1 of section 10 of that Act and by any person authorized for that purpose by the Associate Commissioner.

2012, c. 25, s. 10.

21.34. The Authority sends the Associate Commissioner any new information regarding the enterprise that it obtains from the enterprise or a public body or otherwise.

2012, c. 25, s. 10.

21.35. The Authority may require that an enterprise communicate any information needed for the purposes of this chapter. The enterprise must communicate the information to the Authority within the time limit specified by the Authority. If the enterprise fails to do so, the Authority may revoke its authorization.

2012, c. 25, s. 10.

21.36. Before refusing to grant or renew or before revoking an authorization, the Authority may order the enterprise concerned to take the necessary corrective measures within the time it specifies.

2012, c. 25, s. 10.

21.37. Before refusing to grant or renew or before revoking an authorization, the Authority must notify the enterprise concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the enterprise at least 10 days to submit written observations and provide additional documents to complete the file.

The Authority may make a decision without complying with those prior obligations if urgent action is required or to prevent irreparable harm. In such a case, the enterprise concerned may, within the time limit specified in the decision, submit written observations and provide additional documents to complete the file for the purposes of a review of the decision by the Authority.

2012, c. 25, s. 10.

21.38. On the expiry of the time limit specified in the first paragraph of section 21.37 and after examining any observations submitted by the enterprise, the Authority informs the enterprise of its decision.

An enterprise to which the Authority has refused to grant an authorization, whose authorization the Authority has refused to renew or has revoked, or whose authorization has expired (unless, in the latter case, the fourth paragraph of section 21.41 applies) must, within 10 days after receiving the decision or after the authorization expires, provide in writing to the Authority the name of every public body with which it has a contract in process and the name of every enterprise with which it has a subcontract in process, stating the name of the public body that entered into the public contract to which the subcontract is related.

2012, c. 25, s. 10.

21.39. The Authority informs the Associate Commissioner, Revenu Québec, the Commission de la construction du Québec and the Régie du bâtiment du Québec of its decision to grant, to revoke or to refuse to grant or renew an authorization. It also informs them of any application for removal from the register.

The Authority must further inform each public body concerned, as soon as possible, of the information it obtains from an enterprise under the second paragraph of section 21.38.

2012, c. 25, s. 10.

21.40. An enterprise holding an authorization must notify the Authority, within the time specified by regulation of the Authority, of any change to any information previously provided.

2012, c. 25, s. 10.

21.41. An authorization is valid for a period of three years.

To maintain its authorization, an enterprise must submit an application for renewal. The application for renewal must be submitted to the Authority at least 90 days before the authorization is to expire.

An authorization for which an application for renewal is submitted in time remains valid until the Authority rules on the application, unless the authorization is revoked in the meantime. The procedure for filing an application for renewal is the same as for an application for authorization, and the same conditions apply.

Despite section 21.18, an enterprise that no longer holds an authorization for the sole reason that it did not submit an application for renewal in time as required under the second paragraph may, despite the expiry of the authorization, continue public contracts or subcontracts already in process until the Authority’s decision on the renewal of the authorization.

2012, c. 25, s. 10.

21.42. The Government may amend Schedule I.

2012, c. 25, s. 10.

21.43. A regulation of the Authority under this Act must be submitted for approval to the Conseil du trésor, which may approve it with or without amendment.

The Conseil du trésor may make such a regulation if the Authority fails to make it within the time determined by the Conseil du trésor.

2012, c. 25, s. 10.

21.44. A decision of the Government under the first paragraph of section 21.17 or under section 21.42 and the decision of the Conseil du trésor under the second paragraph of section 21.23 come into force on the 30th day after their publication in the Gazette officielle du Québec or on any later date specified in the decision or regulation. Sections 4 to 8, 11 and 17 to 19 of the Regulations Act (chapter R-18.1) do not apply to those decisions.

2012, c. 25, s. 10.

DIVISION II REGISTER OF AUTHORIZATIONS

2012, c. 25, s. 10.

21.45. The Authority keeps a register of enterprises holding an authorization to enter into a contract or a subcontract under this chapter.

The content of the register is determined by regulation of the Authority.

2012, c. 25, s. 10.

21.46. The register is public and the Authority must make it accessible to the public.

2012, c. 25, s. 10.

21.47. The Authority may require that an enterprise holding an authorization communicate any information needed to maintain the register.

2012, c. 25, s. 10.

21.48. An enterprise that has no public contracts or subcontracts in process may ask the Authority to withdraw its authorization. In such a case, the Authority removes the enterprise’s name from the register.

2012, c. 25, s. 10.

CHAPTER VI ACCOUNTABILITY REPORTING

2011, c. 17, s. 50.

DIVISION I INFORMATION TO BE PUBLISHED

2011, c. 17, s. 50.

22. A public body must, in the cases, on the conditions and in the manner determined by government regulation, publish information on the contracts it has entered into which involve an expenditure equal to or greater than $25,000. Such a regulation may prescribe how that information may be made available electronically in an open document format on a storage medium so that it can be reused.

In addition to the initial amount of each contract, the information that must be published includes every additional expenditure exceeding that amount by more than 10% and the total amount paid by the public body for each contract.

2006, c. 29, s. 22; 2012, c. 25, s. 11.

DIVISION II REPORT BY THE CHAIR OF THE CONSEIL DU TRÉSOR

2011, c. 17, s. 51.

22.1. The Chair of the Conseil du trésor must submit a report to the Government on the carrying out of this Act, at the latest on 13 June 2014 and every five years thereafter.

The chief executive officers of public bodies referred to in section 4 provide to the Chair of the Conseil du trésor, at the time determined by the Conseil du trésor, the accountability reporting information considered necessary for the production of that report.

The report is tabled in the National Assembly within 30 days after it is submitted to the Government or, if the Assembly is not sitting, within 30 days of resumption.

2011, c. 17, s. 51; 2012, c. 25, s. 12.

CHAPTER VII REGULATORY POWERS

23. The Government may, by regulation and on the recommendation of the Conseil du trésor,

(1)  determine conditions other than those determined in this Act for contracts referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section entered into by public bodies, for subcontracts related to such contracts or for any other contracts related to such contracts or subcontracts, including contract or subcontract management rules or procedures;

(2)  determine contracts to which this Act applies other than those referred to in the first paragraph of section 3 or subparagraph 1 of the second paragraph of that section and determine conditions for those other contracts which may, subject to existing legislative provisions, be different from those otherwise applicable under this Act;

(3)  determine bid solicitation procedures and the rules for awarding contracts to public bodies that are applicable to them;

(4)  determine cases in which a public call for tenders must be made other than those set out in subparagraphs 1 and 2 of the first paragraph of section 10;

(5)  determine cases in which a contract involving an expenditure equal to or above the public tender threshold may be entered into by mutual agreement other than those set out in subparagraphs 1 to 4 of the first paragraph of section 13;

(6)  determine the cases, conditions and manner in or on which a public body must publish information on the contracts it has entered into which involve an expenditure equal to or greater than $25,000;

(7)  determine cases in which contracts are subject to authorization by the Government, the Conseil du trésor, the chief executive officer of a public body or a person designated by regulation other than those set out in this Act;

(8)  determine the offences under a federal or a Québec law or under a regulation under such a law in respect of which a conviction is considered for the purposes of ineligibility for public contracts;

(8.1)  determine the cases and conditions in which and the procedure by which a contractor or an associate of the contractor must have been convicted, by a final judgment, of a minimum number of offences determined pursuant to subparagraph 8 and set the minimum number of offences;

(8.2)  determine the offences under regulatory provisions in respect of which a conviction may be disregarded by the Minister of Revenue pursuant to the second paragraph of section 21.2.1;

(9)  determine, for each offence or group of offences, the period of ineligibility for public contracts;

(10)  designate the public bodies and the bodies described in section 7 that must provide the information referred to in section 21.7 to the Chair of the Conseil du trésor and determine the cases, conditions and manner in which the information must be communicated;

(11)  determine the other information that must be recorded in the register of enterprises ineligible for public contracts;

(12)  establish oversight and monitoring measures for contractors to be applied by the persons accredited by the Chair of the Conseil du trésor and determine the cases, other than those specified in this Act, conditions, period and manner – including the sanctions for non-compliance – in which these measures apply to a contractor, who must in all cases assume the expenses;

(13)  establish the procedure and conditions for the issue of accreditation to persons responsible for the application of the oversight and monitoring measures under subparagraph 12, and fix the conditions for the renewal, suspension or cancellation of accreditation and the related fees;

(14)  determine the documents relating to compliance with certain Acts and regulations that a contractor referred to in the first paragraph of section 1 who is interested in entering into a contract with a public body or into a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

(15)  determine the regulatory provisions made under this section the violation of which constitutes an offence.

2006, c. 29, s. 23; 2011, c. 17, s. 52; 2011, c. 18, s. 50; 2011, c. 35, s. 56; 2012, c. 25, s. 13.

23.1. The Government may, if of the opinion that the public interest requires it and on the recommendation of the Conseil du trésor, enact a regulation relating to any of the objects set out in subparagraphs 1, 3, 14 and 15 of the first paragraph of section 23 when the objects relate to a contract of a body described in section 7.

2011, c. 18, s. 51.

24. The conditions for contracts and the cases in which contracts are subject to authorization under the first paragraph of section 23 may vary in respect of all contracts, certain categories of contracts or certain contracts entered into by a public body or by a category of public bodies designated by regulation.

2006, c. 29, s. 24; 2011, c. 18, s. 52.

24.1. (Repealed).

2011, c. 18, s. 53; 2012, c. 25, s. 15.

24.2. The Minister of Revenue is responsible for the administration and carrying out of the regulatory provisions made under subparagraphs 14 and 15 of the first paragraph of section 23 and of section 23.1 if so provided in the regulation.

To that end, the Tax Administration Act (chapter A-6.002) applies with the necessary modifications.

An employee of the Commission de la construction du Québec, the Commission de la santé et de la sécurité du travail or the Régie du bâtiment du Québec authorized by the Minister of Revenue may exercise the functions and powers of the Minister relating to the administration and carrying out of the regulatory provisions referred to in the first paragraph.

2011, c. 18, s. 53.

CHAPTER VIII POWERS OF THE GOVERNMENT AND THE CONSEIL DU TRÉSOR

2012, c. 25, s. 17.

25. The Government may, on the recommendation of the Conseil du trésor, authorize a public body or a body described in section 7 to enter into a contract on conditions different from those applicable to it under this Act, and determine the conditions for such a contract.

The Conseil du trésor may authorize a public body to enter into a contract on conditions different from those applicable to it under a regulation under this Act, and determine the conditions for such a contract.

2006, c. 29, s. 25; 2011, c. 17, s. 53; 2012, c. 25, s. 18.

25.1. The Conseil du trésor may establish policies and determine directions, conditions or measures to support contract rules compliance monitors and ensure that their functions are exercised coherently.

2012, c. 25, s. 19.

26. The Conseil du trésor may issue directives on the management of the supply, service and construction contracts of public bodies. Such directives may apply to all public bodies or a particular group of public bodies. They are binding on the public bodies concerned.

Directives issued under the first paragraph may also pertain to contracts entered into with a natural person who does not operate a sole proprietorship or with any other entity not mentioned in section 1.

2006, c. 29, s. 26; 2012, c. 25, s. 20.

27. The Conseil du trésor may prescribe model contract forms or other standard documents to be used by public bodies or by a particular group of public bodies.

2006, c. 29, s. 27; 2012, c. 25, s. 21.

CHAPTER VIII.1 AUDITS

2011, c. 17, s. 54.

27.1. The Chair of the Conseil du trésor is competent to conduct an audit to determine if the awarding of contracts by a body within the meaning of this Act and its enforcement of the management policies relating to those contracts are consistent with the rules prescribed under this Act.

The Chair of the Conseil du trésor may designate a person in writing to conduct the audit.

2011, c. 17, s. 54.

27.2. The audit referred to in section 27.1 consists, to the extent considered appropriate by the Chair of the Conseil du trésor, in assessing compliance of the body’s contractual activities with applicable laws, regulations, policies and directives.

2011, c. 17, s. 54.

27.3. At the request of the Chair of the Conseil du trésor, a body being audited under this chapter must send or otherwise make available to the Chair all documents and information the Chair considers necessary to conduct the audit.

2011, c. 17, s. 54.

27.4. The Chair of the Conseil du trésor provides an opinion on the audit and makes any appropriate recommendations to the Conseil du trésor.

2011, c. 17, s. 54.

CHAPTER VIII.2 PENAL PROVISIONS

2012, c. 25, s. 22.

27.5. Every person who makes a false or misleading statement to the Authority to obtain, renew or keep an authorization required under section 21.17 or to have the person’s name removed from the register of authorizations is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in any other case.

2012, c. 25, s. 22.

27.6. Every person who makes a false or misleading statement when submitting a bid under this Act is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in any other case.

2012, c. 25, s. 22.

27.7. A contractor who does not hold an authorization under the first paragraph of section 21.17 although required to hold one and submits a bid for a public contract in response to a call for tenders or enters into a public contract is guilty of an offence and liable to a fine of $2,500 to $13,000 in the case of a natural person and $7,500 to $40,000 in any other case, unless the contractor was given permission to continue a contract under section 21.19 or to enter into a contract under section 21.20.

2012, c. 25, s. 22.

27.8. A contractor who, in the course of a contract described in section 21.17 entered into with a public body, enters into a subcontract with an enterprise that does not hold an authorization although it is required to hold one, is guilty of an offence and liable to a fine of $2,500 to $13,000 in the case of a natural person and $7,500 to $40,000 in any other case. The subcontractor is also guilty of an offence and liable to the same fine.

2012, c. 25, s. 22.

27.9. An enterprise that fails to provide, in accordance with the second paragraph of section 21.38, the name of every public body referred to in that paragraph is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in any other case.

2012, c. 25, s. 22.

27.10. An enterprise that fails to notify the Authority, as required under section 21.40, of any change to any information previously provided for the purpose of obtaining an authorization is guilty of an offence and liable to a fine of $2,500 to $13,000 in the case of a natural person and $7,500 to $40,000 in any other case.

2012, c. 25, s. 22.

27.11. A contractor who makes a false or misleading request for payment to a public body for an amount that includes an amount to which the contractor is not entitled is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in any other case.

2012, c. 25, s. 22.

27.12. Every person who contravenes a provision of a regulation whose contravention constitutes an offence under paragraph 15 of section 23 is guilty of an offence and liable to a fine of $500 to $5,000.

2012, c. 25, s. 22.

27.13. Every person who helps or, by encouragement, advice, consent, authorization or command, induces another person to commit an offence under any of sections 27.5 to 27.12 is guilty of the same offence.

2012, c. 25, s. 22.

27.14. For a subsequent offence, the minimum and maximum fines prescribed in this chapter are doubled.

2012, c. 25, s. 22.

27.15. Penal proceedings for an offence under any of sections 27.5, 27.9 and 27.10 may be instituted by the Authority.

When the Authority takes charge of the prosecution, the fine imposed by the court belongs to the Authority.

2012, c. 25, s. 22.

CHAPTER IX AMENDING PROVISIONS

28. (Omitted).

2006, c. 29, s. 28.

29. (Amendment integrated into c. A-6.01, s. 77).

2006, c. 29, s. 29.

30. (Amendment integrated into c. A-29.011, s. 115.14).

2006, c. 29, s. 30.

31. (Amendment integrated into c. B-1.1, s. 65.4).

2006, c. 29, s. 31.

32. (Amendment integrated into c. C-29, s. 18.0.1).

2006, c. 29, s. 32.

33. (Omitted).

2006, c. 29, s. 33.

34. (Amendment integrated into c. D-8.1, s. 3).

2006, c. 29, s. 34.

35. (Amendment integrated into c. E-3.3, s. 488.2).

2006, c. 29, s. 35.

36. (Amendment integrated into c. I-13.3, s. 266).

2006, c. 29, s. 36.

37. (Amendment integrated into c. I-13.3, s. 452).

2006, c. 29, s. 37.

38. (Amendment integrated into c. M-19, s. 11.1).

2006, c. 29, s. 38.

39. (Amendment integrated into c. P-32, s. 35.1).

2006, c. 29, s. 39.

40. (Amendment integrated into c. S-2.1, ss. 167.1 and 167.2).

2006, c. 29, s. 40.

41. (Amendment integrated into c. S-2.1, s. 176.0.3).

2006, c. 29, s. 41.

42. (Amendment integrated into c. S-4.2, s. 264).

2006, c. 29, s. 42.

43. (Amendment integrated into c. S-4.2, s. 385.9).

2006, c. 29, s. 43.

44. (Amendment integrated into c. S-4.2, s. 485).

2006, c. 29, s. 44.

45. (Amendment integrated into c. S-4.2, s. 487).

2006, c. 29, s. 45.

46. (Amendment integrated into c. S-5, s. 173.1).

2006, c. 29, s. 46.

47. (Amendment integrated into c. S-11.011, s. 23.0.14).

2006, c. 29, s. 47.

48. (Amendment integrated into c. S-11.011, s. 23.0.15).

2006, c. 29, s. 48.

49. (Amendment integrated into c. S-17.1, s. 34).

2006, c. 29, s. 49.

50. (Amendment integrated into c. V-5.01, s. 67).

2006, c. 29, s. 50.

51. (Omitted).

2006, c. 29, s. 51.

52. References to the Public Administration Act (chapter A-6.01) are replaced by references to the Act respecting contracting by public bodies (chapter C-65.1) wherever they occur in the following provisions:

(1)  (amendment integrated into c. C-11.5, s. 43 of Schedule C);

(2)  (amendment integrated into c. C-19, ss. 29.9.2 and 573.3.2);

(3)  (amendment integrated into c. C-27.1, aa. 14.7.2 and 938.2);

(4)  (amendment integrated into c. C-37.01, s. 114);

(5)  (amendment integrated into c. C-37.02, s. 107);

(6)  (amendment integrated into c. M-28, s. 11.5);

(7)  (amendment integrated into c. P-9.001, s. 2);

(8)  (paragraph repealed);

(9)  (amendment integrated into c. V-6.1, ss. 207.1 and 358.5).

2006, c. 29, s. 52; 2007, c. 23, s. 16.

53. Unless the context indicates otherwise, a reference in a regulation, order or other document to Chapter V of the Public Administration Act (chapter A-6.01) or to a regulation under that Act regarding the management of contracts is, where applicable, a reference to the corresponding provision of this Act.

2006, c. 29, s. 53.

CHAPTER X TRANSITIONAL AND FINAL PROVISIONS

54. The following regulations and by-laws are deemed to have been made under section 23:

(1)  a regulation made or deemed made under the Public Administration Act (chapter A-6.01) regarding contract management;

(2)  the By-law respecting special rules governing supply contracts, construction contracts, and services contracts of the Société immobilière du Québec, approved by Order in Council 76-96 (1996, G.O. 2, 1035);

(3)  the By-law concerning special rules respecting certain contracts entered into by the Société québécoise d’assainissement des eaux, approved by Order in Council 1229-94 (1994, G.O. 2, 3815); and

(4)  a regulation under the General and Vocational Colleges Act (chapter C-29), the Education Act (chapter I-13.3), the Act respecting health services and social services (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5) regarding procurement contracts, construction contracts or service contracts;

(5)  (paragraph repealed).

Those regulations and by-laws continue to apply, with the necessary modifications, until replaced or repealed by a regulation under this Act.

2006, c. 29, s. 54; 2011, c. 16, s. 183.

See the Regulation revoking various regulatory provisions regarding contracts of public bodies. (Order in Council 535-2008 dated 28 May 2008;(2008) 140 G.O. 2, 2109).

55. The Règles sur les frais de déplacement des personnes engagées à honoraires, enacted by decision of the Conseil du trésor C.T. 170100 dated 14 March 1989 and amended by decisions of the Conseil du trésor C.T. 170875 dated 23 May 1989, C.T. 171025 dated 6 June 1989, C.T. 177747 dated 3 July 1991, C.T. 178690 dated 12 November 1991, C.T. 182100 dated 13 January 1993, C.T. 198916 dated 15 October 2002, C.T. 199969 dated 25 June 2003, C.T. 200484 dated 9 December 2003, C.T. 201797 dated 7 December 2004 and C.T. 202701 dated 2 August 2005, remain in force until replaced by provisions to the same effect made under this Act.

2006, c. 29, s. 55.

56. The electronic tendering system commonly called SEAO, operated by the service provider selected by the Secrétariat du Conseil du trésor and referred to in Order in Council 493-2004 (2004, G.O. 2, 2701, in French only) is deemed to have been approved by the Government for the purposes of this Act.

2006, c. 29, s. 56.

57. Contract award procedures begun before 1 October 2008 are continued in accordance with the provisions in force on the date of the beginning of the procedures.

2006, c. 29, s. 57.

58. Any contract in progress on 1 October 2008 is continued in accordance with this Act. If a provision of this Act is incompatible with a provision of the contract, the latter provision prevails.

2006, c. 29, s. 58.

59. The minister who is the Chair of the Conseil du trésor is responsible for the administration of this Act, except the second and third paragraphs of section 21.2.1, the administration of which falls under the responsibility of the Minister of Revenue.

2006, c. 29, s. 59; 2011, c. 35, s. 57.

60. (Omitted).

2006, c. 29, s. 60.

SCHEDULE I

(Sections 21.26, 21.28 and 21.42)

OFFENCES

___________________________________________________________________________________

Act or Regulation      Section         Summary Description of Offence
___________________________________________________________________________________

Criminal Code          119             Bribery of judicial officers
(R.S.C. 1985,          
c. C-46)               120             Bribery of officers

                       121             Frauds on the government - contractor 
                                       subscribing to an election fund to obtain a
                                       contract with the government

                       122             Breach of trust by public officer

                       123             Municipal corruption

                       124             Selling or purchasing office

                       125             Influencing or negotiating appointments or
                                       dealing in offices

                       132             Perjury relating to commercial, 
                                       professional, industrial or financial 
                                       business

                       136             Witness giving contradictory evidence 
                                       relating to commercial, professional, 
                                       industrial or financial business

                       220             Causing death by criminal negligence in the
                                       course of commercial, professional, 
                                       industrial or financial business

                       221             Causing bodily harm by criminal negligence
                                       in the course of commercial, professional,
                                       industrial or financial business

                       236             Manslaughter committed in the course of 
                                       commercial, professional, industrial or 
                                       financial business

                       334             Theft committed in the course of commercial,
                                       professional, industrial or financial 
                                       business

                       336             Criminal breach of trust

                       337             Public servant refusing to deliver property

                       346             Extortion

                       347             Receiving interest at a criminal rate

                       362             False pretence or false statement

                       366             False document

                       368             Use of forged document

                       375             Obtaining something by instrument based on
                                       forged document

                       380             Fraud - property, money or valuable security
                                       or service

                       382             Fraudulent manipulation of stock exchange 
                                       transactions

                       382.1           Prohibited insider trading

                       388             Misleading receipt or acknowledgment
 
                       397             Falsification of books and documents

                       398             Falsifying employment record

                       422             Criminal breach of contract

                       426             Secret commissions

                       462.31          Laundering proceeds of crime

                       463             Attempting to commit, and accessory to the
                                       commission of, an offence listed in this 
                                       schedule

                       464             Counselling another person to commit an 
                                       offence listed in this schedule, if the 
                                       offence is not committed

                       465             Conspiring with another person to commit an
                                       offence listed in this schedule

                       467.11          Participation in activities of criminal 
                                       organization

                       467.12          Commission of offence for criminal 
                                       organization

                       467.13          Instructing commission of offence for 
                                       criminal organization
___________________________________________________________________________________

Competition Act         45             Conspiracies, agreements or arrangements
(R.S.C. 1985,                          between competitors
c. C-34)   
                        46             Implementation of foreign directives

                        47             Bid-rigging
___________________________________________________________________________________

Corruption of            3             Bribing a foreign public official
Foreign Public
Officials Act
(S.C. 1998, c. 34)
___________________________________________________________________________________

Controlled Drugs         5             Trafficking in substances and possession
and Substances Act                     for purpose of trafficking
(S.C. 1996, c. 19) 
                         6             Importing or exporting substances and 
                                       possession for the purpose of exporting

                         7             Production of substance
___________________________________________________________________________________

Income Tax Act         239(1)(a)       Making, or participating in, assenting to or
(R.S.C. 1985, c. 1                     acquiescing in the making of, false or
(5th Suppl.))                          deceptive statements in a return, 
                                       certificate, statement, document or answer

                       239(1)(b)       Having destroyed, altered, mutilated, 
                                       secreted or otherwise disposed of records or
                                       books of account to evade payment of a tax

                       239(1)(c)       Making, or assenting to or acquiescing in 
                                       the making of, false or deceptive entries,
                                       or having omitted to enter a material 
                                       particular, in records or books of account
                                       of a taxpayer

                       239(1)(d)       Having wilfully evaded or attempted to evade
                                       compliance with the Act or payment of taxes

                       239(1)(e)       Having conspired with any person to commit
                                       an offence described in paragraphs a to d of
                                       subsection 239(1)
 
                       239(1.1)        Obtaining or claiming a refund or credit to
                                       which the person or another person is not 
                                       entitled or a refund or credit in an amount
                                       greater than the amount to which the person
                                       or another person is entitled

                       239(2.1)        Wilfully providing another person with an
                                       incorrect identification number for a tax
                                       shelter

                       239(2.2)(a)     Knowingly providing, or knowingly allowing
                                       to be provided, to any person any taxpayer
                                       information - knowingly allowing any person
                                       to have access to any taxpayer information
                                       - knowingly using any taxpayer information
                                       otherwise than in the course of the 
                                       administration or enforcement of this Act,
                                       the Canada Pension Plan, the Unemployment
                                       Insurance Act or the Employment Insurance 
                                       Act or than for the purpose for which it was
                                       provided under this section

                       239(2.2)(b)     Knowingly contravening an order made to 
                                       implement such measures as are necessary to
                                       ensure that taxpayer information is not used
                                       or provided to any person for any purpose 
                                       not relating to a legal proceeding relating
                                       to the supervision, evaluation or 
                                       disciplining of an authorized person

                       239(2.21)       Knowingly using, providing to any person, 
                                       allowing the provision to any person, or 
                                       allowing any person access to, taxpayer 
                                       information provided for a particular 
                                       purpose for any other purpose

                       239(2.3)        Unlawfully using, communicating, or allowing
                                       the communication of, the social insurance 
                                       number of an individual or the business 
                                       number of a taxpayer or partnership
___________________________________________________________________________________

Excise Tax Act         327(1)(a)       Making, or participating in, assenting to or
(R.S.C. 1985,                          acquiescing in the making of, false or
c. E-15)                               deceptive statements in a return, 
                                       application, certificate, statement, 
                                       document or answer

                       327(1)(b)       Destroying, altering or otherwise disposing
                                       of documents or making, or assenting to or
                                       acquiescing in the making of, false entries,
                                       or omitting to enter, or assenting to or 
                                       acquiescing in the omission of, a material
                                       particular in the documents of a person for
                                       the purpose of evading payment or remittance
                                       of any tax or obtaining a refund or rebate 
                                       to which the person is not entitled

                       327(1)(c)       Having wilfully evaded or attempted to evade
                                       compliance with the Act or payment or
                                       remittance of tax or net tax imposed under
                                       the Act

                       327(1)(d)       Having wilfully, in any manner, obtained or
                                       attempted to obtain a rebate or refund to 
                                       which a person is not entitled

                       327(1)(e)       Having conspired with any person to commit
                                       an offence described in paragraphs a to c of
                                       subsection 327(1)
___________________________________________________________________________________

Tax Administration      60.1           Contravening section 34.1 - keeping a
Act                                    register in electronic form with a `zapper´
(chapter A-6.002)       60.2           Contravening section 34.2 - manufacturing or
                                       making a `zapper´ available

                        62             Making false or deceptive statements - 
                                       evading payment or remittance of a duty - 
                                       obtaining a refund without being entitled to
                                       it - conspiring to commit such an offence

                        62.0.1         Failing to pay, deduct, withhold, collect or
                                       remit a duty and failing to file a return -
                                       conspiring to commit such an offence

                        62.1           Evading remittance or payment of a duty -
                                       destroying, altering or secreting registers
                                       and supporting documents - false entries -
                                       omitting to enter a material particular in
                                       records or supporting documents - conspiring
                                       to commit such an offence

                        68             Having directed, authorized or participated
                                       in the commission by a corporation of an
                                       offence listed in this schedule

                        68.0.1         Aiding another person to commit a fiscal 
                                       offence listed in this schedule

                        71.3.2         Communicating or using information contained
                                       in a tax record or originating from such a 
                                       record for a purpose not provided for in the
                                       Act
___________________________________________________________________________________

Deposit Insurance       46(b)          Furnishing the Autorité des marchés
Act                                    financiers with false information
(chapter A-26)
___________________________________________________________________________________

Act respecting         406(c)          Knowingly giving the Autorité des marchés
insurance                              financiers incorrect information
(chapter A-32) 
___________________________________________________________________________________

Act respecting          27.5           Making a false or misleading statement to
contracting by                         the Autorité des marchés financiers to
public bodies                          obtain an authorization to enter into 
(chapter C-65.1)                       contracts or to have one’s name removed from
                                       the register

                        27.6           Making a false or misleading statement in
                                       connection with a bid

                        27.11          Making a false or misleading request for 
                                       payment

                        27.13          Helping to commit an offence under section
                                       27.5, 27.6 or 27.11
___________________________________________________________________________________

Act respecting         605             Knowingly furnishing information, reports
financial services                     or other documents that are false or cooperatives                           misleading
(chapter C-67.3)
___________________________________________________________________________________

Act respecting          16 with        Not acting with honesty and loyalty
the distribution       485
of financial         
products and           469.1           Making a misrepresentation when pursuing
services                               activities governed by the Act
(chapter D-9.2)
___________________________________________________________________________________

Money-Services          66(1)          Making a misrepresentation when pursuing
Businesses Act                         activities governed by the Act
(chapter E-12.000001)
___________________________________________________________________________________

Derivatives Act         65 with        Not acting with honesty and loyalty
(chapter I-14.01)      160

                       144             Using information relating to an investment
                                       program for one’s own benefit in trading in
                                       derivatives included in the program

                       145.1           Trading in a standardized derivative that is
                                       the subject of material order information or
                                       recommending that another party do so, or
                                       disclosing the information to anyone

                       148(6)          Providing false documents or information, or
                                       access to false documents or information, to
                                       the Autorité des marchés financiers

                       150             Influencing or attempting to influence the
                                       market price or the value of a derivative or
                                       of the underlying interest of a derivative
                                       by means of unfair, improper or fraudulent 
                                       practices

                       151             Perpetrating fraud or engaging or 
                                       participating in market manipulation, 
                                       dishonest transactions or fraudulent tactics
___________________________________________________________________________________

Act respecting          84             Molesting, hindering or insulting any
labour relations,                      member or employee of the Commission de la
vocational training                    construction du Québec in the performance of
and workforce                          duties, or otherwise obstructing such
management in                          performance
the construction 
industry               111.1           Carrying out construction work or causing
(chapter R-20)                         such work to be carried out in contravention
                                       of a decision ordering the suspension of the
                                       work rendered under section 7.4.1

                       122(4)          Knowingly destroying, altering or falsifying
                                       any register, pay-list, registration system
                                       or document relating to the application of
                                       the Act, a regulation or a collective
                                       agreement
___________________________________________________________________________________

Act respecting         356             Giving false or misleading information
trust companies
and savings
companies
(chapter S-29.01)
___________________________________________________________________________________

Fuel Tax Act            44             Obtaining or attempting to obtain a refund
(chapter T-1)                          by means of false or misleading statements
___________________________________________________________________________________

Securities Act         160 with        Not dealing fairly, honestly, loyally and in
(chapter V-1.1)        202             good faith

                       187             Insider trading involving securities of a 
                                       reporting issuer or changing an interest in
                                       a financial instrument related to such 
                                       securities

                       188             Disclosing privileged information to another
                                       party or recommending that another party 
                                       trade in the securities of the issuer with
                                       respect to which the offender is an insider

                       189.1           Unlawfully using privileged information

                       190             Unlawfully using information relating to an
                                       investment program established by an 
                                       investment fund or by a portfolio management
                                       adviser

                       195(6)          Providing the Autorité des marchés 
                                       financiers with false documents or 
                                       information, or access to false documents or
                                       information

                       195.2           Influencing or attempting to influence the
                                       market price or the value of securities by
                                       means of unfair, improper or fraudulent
                                       practices

                       196             Making a misrepresentation

                       197             Making a misrepresentation

                       199.1           Engaging or participating in any transaction
                                       in securities or any trading method relating
                                       to a transaction in securities, or in any 
                                       act, practice or course of conduct knowing 
                                       that it constitutes fraud or is of a 
                                       misleading nature
___________________________________________________________________________________

Regulation               7 with 10     Producing an attestation from Revenu Québec
respecting                             that contains false or inaccurate construction                           information, using the attestation of a 
contracts of                           third party or making a false declaration
municipal bodies                       on one’s holding an  attestation
(chapter C-19, r. 3)
                         8 with 10     Assisting another person to contravene 
                                       section 7
___________________________________________________________________________________

Regulation               7 with 10     Submitting an attestation from Revenu 
respecting                             Québec that contains false or inaccurate
supply contracts,                      information, submitting the attestation
service contracts                      of a third person, or making a false 
and construction                       declaration regarding the holding of an
contracts of bodies                    attestation
referred to in      
section 7 of             8 with 10     Helping another person to contravene
the Act respecting                     section 7
contracting by
public bodies
(chapter C-65.1, 
r. 1.1)
___________________________________________________________________________________

Regulation              37.4 with      Submitting an attestation from Revenu
respecting              45.1           Québec that contains false or inaccurate
supply contracts                       information, producing the attestation of a
of public bodies                       third person, or making a false declaration
(chapter C-65.1,                       regarding the holding of an attestation
r. 2)
                        37.5 with      Helping another person to contravene section
                        45.1           37.4
___________________________________________________________________________________

Regulation              50.4 with      Submitting an attestation from Revenu
respecting service      58.1           Québec that contains false or inaccurate
contracts of public                    information, producing the attestation of a
bodies                                 third person, or making a false declaration
(chapter C-65.1,                       regarding the holding of an attestation
r. 4)    
                        50.5 with      Helping another person to contravene section
                        58.1           section 50.4
___________________________________________________________________________________

Regulation              40.6 with      Submitting an attestation from Revenu
respecting              58.1           Québec that contains false or inaccurate
construction                           information, producing the attestation
contracts of public                    of a third person, or making a false
bodies                                 declaration regarding the holding of an
(chapter C-65.1,                       attestation
r. 5)  
                        40.7 with      Helping another person to contravene section
                        58.1           section 40.6 
___________________________________________________________________________________
        

2012, c. 25, s. 25.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 29 of the statutes of 2006, in force on 1 August 2009, is repealed, except section 60, effective from the coming into force of chapter C-65.1 of the Revised Statutes.