c-65.1 - Act respecting contracting by public bodies

À jour au 21 février 2020

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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 for the public contracts that a body described in section 7 may enter into with such a contractor.

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 or second paragraph. Such subcontracts are public subcontracts.

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 this section.

2006, c. 29, s. 1; 2011, c. 17, s. 48; 2012, c. 25, s. 1; 2017, c. 27, s. 88.

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, or an agreement to which Québec has, in accordance with the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), declared itself bound.

2006, c. 29, s. 2; 2012, c. 25, s. 2; 2013, c. 23, s. 104.

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

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

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

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

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

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

(2)  any other contract determined by government regulation.

A leasing contract is considered to be a supply contract.

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

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

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

(1)  government departments;

(2)  budget-funded bodies listed in Schedule 1 to the Financial Administration Act (chapter A‑6.001), except bodies referred to in section 6;

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

(4)  bodies other than budget-funded bodies listed in Schedule 2 to the Financial Administration Act, even when exercising fiduciary functions, and the Commission de la construction du Québec, the Cree-Québec Forestry Board, the Office franco-québécois pour la jeunesse and the Office Québec-Monde pour la jeunesse;

(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);

(6)  public institutions governed by the Act respecting health services and social services (chapter S-4.2), joint procurement groups referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 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);

(6.1)  subsidiaries of one or more public bodies referred to in subparagraph 4, 5 or 6 of this paragraph; and

(7)  any other body or category of bodies that the Government determines.

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.

For the purposes of subparagraph 6.1 of the first paragraph, a legal person or partnership controlled by one or more public bodies is a subsidiary of one or more public bodies.

A legal person is controlled by one or more public bodies when the body or bodies hold, directly or through legal persons the body or bodies control, more than 50% of the voting rights attached to the participations of the legal person or when the body or bodies can elect a majority of its directors.

A partnership is controlled by one or more public bodies when the body or bodies hold, directly or through legal persons the body or bodies control, more than 50% of the participations. However, a limited partnership is controlled by one or more public bodies when the body or bodies or a legal person the body or bodies control is the general partner of the partnership.

2006, c. 29, s. 4; 2011, c. 16, s. 182; 2017, c. 21, s. 77; 2017, c. 27, s. 90; 2018, c. 10, s. 4.

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 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; I.N. 2015-11-01.

7. Government enterprises listed in Schedule 3 to the Financial Administration Act (chapter A-6.001) and their subsidiaries must adopt a contracting policy. Those bodies must make their policy 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.

For the purposes of the first paragraph, a legal person or partnership that is controlled by one or more government enterprises and does not compete with the private sector is a subsidiary. The fourth and fifth paragraphs of section 4 apply, with the necessary modifications.

Furthermore, section 11 and Chapters V.0.1.1, V.1 and V.2 apply to bodies referred to in the first paragraph and the contracts they enter into, with the necessary modifications.

2006, c. 29, s. 7; 2017, c. 27, s. 91; 2018, c. 10, s. 5.

7.1. (Repealed).

2011, c. 18, s. 49; 2015, c. 15, s. 151.

8. The deputy minister of a government department or, in the case of a public body referred to in any of subparagraphs 2 to 4 and 6 to 7 of the first paragraph of section 4 or of a body referred to in section 7, 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; 2017, c. 27, s. 92; 2018, c. 10, s. 6.

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, including, if applicable, the value of the options, 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; 2018, c. 10, s. 7.

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 2 to 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.

Despite the preceding paragraphs, a public body may, in the cases described in subparagraph 5 of the first paragraph, award the contract following an invitation to tender if there is more than one possible contractor.

2006, c. 29, s. 13; 2012, c. 25, s. 6; 2017, c. 27, s. 93.

13.1. The public body must, at least 15 days before entering into a contract by mutual agreement under subparagraph 4 of the first paragraph of section 13, publish on the electronic tendering system a notice of intention allowing any enterprise to express its interest in carrying out the contract. The notice of intention must, among other things, specify or include

(1)  the name of the enterprise with which the public body intends to enter into the contract by mutual agreement;

(2)  a detailed description of the public body’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked by the public body for entering into a contract by mutual agreement despite the fact that the contract involves an expenditure equal to or above the public tender threshold; and

(5)  the address at which and the deadline by which an enterprise may express interest electronically and demonstrate that it is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

For the purposes of this Act, “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.

2017, c. 27, s. 94.

13.2. If an enterprise has expressed interest in accordance with subparagraph 5 of the first paragraph of section 13.1, the public body must, at least seven days before the projected contract date, electronically send the enterprise its decision as to whether or not it still intends to enter into a contract by mutual agreement. If that seven-day period cannot be complied with, the projected contract date must be deferred by the number of days needed to ensure compliance with that minimum period.

The public body must also inform the enterprise of its right to file a complaint under section 38 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within three days after receiving the decision.

If no enterprise has expressed interest by the deadline under subparagraph 5 of the first paragraph of section 13.1, the public body may enter into the contract before the projected contract date specified in the notice of intention.

2017, c. 27, s. 94.

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 measures are put in place within the public body to comply with the contract rules prescribed by this Act and the regulations, policies and directives under this Act;

(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; 2017, c. 27, s. 95.

CHAPTER V.0.1.1 FILING OF A COMPLAINT WITH A PUBLIC BODY

2017, c. 27, s. 96.

DIVISION I PROCEDURE

2017, c. 27, s. 96.

21.0.3. A public body must provide equitable resolution of complaints filed with it in the course of the awarding of a public contract. It must, for that purpose, establish a procedure for receiving and examining complaints.

The public body must make the complaint procedure available on its website.

To be admissible, a complaint must be sent electronically to the person in charge identified in the procedure or, failing that, to the chief executive officer of the public body. A complaint referred to in section 21.0.4 must be filed on the form determined by the Autorité des marchés publics under section 45 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1).

2017, c. 27, s. 96.

DIVISION II COMPLAINT ABOUT CERTAIN CONTRACTING PROCESSES

2017, c. 27, s. 96.

21.0.4. In the case of an ongoing public call for tenders, only an enterprise or a group of enterprises interested in participating in the awarding process or its representative may file a complaint about the process on the grounds that the tender documents contain conditions that do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework.

The first paragraph also applies to a process for the certification of goods or the qualification of enterprises, with the necessary modifications.

In the case of a body referred to in section 7, this section applies only to the contracting processes preceding the entering into of a contract governed by an intergovernmental agreement.

2017, c. 27, s. 96.

CHAPTER V.1 INELIGIBILITY FOR PUBLIC CONTRACTS

2011, c. 17, s. 49.

DIVISION I CRITERIA FOR INELIGIBILITY

2011, c. 17, s. 49; 2017, c. 27, s. 97.

21.1. An enterprise that is found guilty, by a final judgment, of an offence listed in Schedule I is ineligible for public contracts for five years as of the recording of the finding of guilty in the register of enterprises ineligible for public contracts.

2011, c. 17, s. 49; 2011, c. 35, s. 46; 2012, c. 21, s. 13; 2017, c. 27, s. 98.

21.1.1. For the purposes of this chapter, an enterprise is deemed to have been found guilty, under a final judgment, of an offence listed in Schedule I if a penalty has been imposed on the enterprise under section 1079.13.1 or 1079.13.2 of the Taxation Act (chapter I-3), in connection with an assessment regarding which all rights of objection have expired or, if the enterprise has validly objected to the assessment or appealed from it to a court of competent jurisdiction, the objection or the appeal, as applicable, has been permanently settled.

Likewise, a person who is an associate of an enterprise within the meaning of section 21.2 is deemed to have been found guilty, under a final judgment, of an offence listed in Schedule I if a penalty has been imposed on the person under section 1079.13.1 or 1079.13.2 of the Taxation Act, in connection with an assessment regarding which all rights of objection have expired or, if the person has validly objected to the assessment or appealed from it to a court of competent jurisdiction, the objection or the appeal, as applicable, has been permanently settled.

In such cases, the provisions of this Act apply, with the necessary modifications.

2020, c. 2, s. 26.

21.2. If an associate of an enterprise is found guilty, by a final judgment, of an offence listed in Schedule I, the enterprise becomes ineligible for public contracts for five years as of the recording of the situation in the register of enterprises ineligible for public contracts.

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 50% or more 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 enterprise.

2011, c. 17, s. 49; 2011, c. 35, s. 47; 2012, c. 21, s. 14; 2017, c. 27, s. 99; I.N. 2017-12-01.

21.2.0.0.1. An enterprise for which the Autorité des marchés publics (the Authority) refused to grant or renew an authorization required under Chapter V.2 or revoked such an authorization is ineligible for public contracts for five years as of the recording of the decision in the register of enterprises ineligible for public contracts or until the date preceding the date on which the enterprise’s name is registered in the register of authorized enterprises, if the latter date is earlier.

In addition, the legal person in which the enterprise referred to in the first paragraph holds shares carrying 50% or more of the voting rights attached to the shares of the legal person’s capital stock that may be exercised under any circumstances becomes ineligible for public contracts for the same time as the enterprise as of the recording of the situation referred to in the first paragraph in the register of enterprises ineligible for public contracts.

2017, c. 27, s. 100.

21.2.0.1. No finding of guilty may be recorded under section 21.1 or the first paragraph of section 21.2 in the register of enterprises ineligible for public contracts provided for in section 21.6 if

(1)  the offence that led to the finding of guilty has already been considered by the Authority under Chapter V.2 and, when it was considered, an authorization was granted to the enterprise or the authorization held by the enterprise was not revoked or was renewed; or

(2)  the finding of guilty and the offence that led to it have not yet been considered by the Authority in connection with an application submitted to it under Chapter V.2 and currently under examination, or following an advisory opinion provided under section 21.32.

2015, c. 6, s. 30; 2017, c. 27, s. 101.

21.2.1. (Repealed).

2011, c. 35, s. 48; 2017, c. 27, s. 102.

21.3. (Repealed).

2011, c. 17, s. 49; 2011, c. 35, s. 49; 2012, c. 21, s. 15; 2017, c. 27, s. 102.

21.3.1. An enterprise that becomes ineligible for public contracts and is in the process of performing a public contract is, subject to being given permission by the Conseil du trésor under section 25.0.2, deemed to have defaulted on performance of the contract on the expiry of a period of 60 days after the date on which it becomes ineligible. However, the enterprise is not deemed to have defaulted as regards honouring the contract guarantees.

2011, c. 35, s. 50; 2017, c. 27, s. 103.

21.4. (Repealed).

2011, c. 17, s. 49; 2017, c. 27, s. 104.

21.4.1. An enterprise that is ineligible for public contracts may not, for as long as it is ineligible, submit a bid to obtain a contract described in section 3 with a public body, enter into such a contract or enter into a public subcontract.

2011, c. 35, s. 51; 2012, c. 21, s. 16; 2017, c. 27, s. 105.

21.5. (Repealed).

2011, c. 17, s. 49; 2011, c. 35, s. 52; 2017, c. 27, s. 106.

DIVISION II ESTABLISHMENT, PURPOSE AND EFFECTS OF REGISTER

2011, c. 17, s. 49.

21.6. The Authority keeps a register of enterprises ineligible for public contracts.

The Authority must record in the register the finding of guilty against an enterprise or an associate of the enterprise not later than 20 days after the date on which the Authority was informed of the final judgment.

The Authority must also record in the register each decision by which it refused to grant or renew an authorization required under Chapter V.2 or revoked such an authorization.

2011, c. 17, s. 49; 2017, c. 27, s. 107.

21.7. The register must contain the following information for each enterprise ineligible to enter into public contracts:

(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)  as the case may be,

(a)  the offence or offences of which the enterprise was found guilty,

(b)  the offence or offences of which an associate of the enterprise was found guilty, resulting in the enterprise being named in the register, the associate’s name and the name of the municipality in whose territory the associate resides,

(c)  a reference to the Authority’s decision to refuse to grant or renew an authorization required under Chapter V.2 or to revoke such an authorization, or

(d)  a reference to the Authority’s decision concerning the holder of shares carrying 50% or more of the voting rights attached to the shares of the enterprise’s capital stock that may be exercised under any circumstances, the shareholder’s name and the municipality in whose territory the shareholder resides;

(4)  the projected end date of the enterprise’s ineligibility for public contracts; and

(5)  any other information prescribed by regulation of the Authority.

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

2011, c. 17, s. 49; 2011, c. 35, s. 53; 2017, c. 27, s. 108.

21.8. A public body designated in Schedule II must provide the information required under section 21.7 to the Authority in the cases, on the conditions and in the manner determined by regulation of the Authority.

The Government may amend that schedule.

2011, c. 17, s. 49; 2017, c. 27, s. 109.

21.9. (Repealed).

2011, c. 17, s. 49; 2017, c. 27, s. 110.

21.10. The information contained in the register is public information and must be made available by the Authority on its website.

2011, c. 17, s. 49; 2017, c. 27, s. 111.

21.11. Public bodies must, before entering into a contract described in section 3, ensure that 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 25.0.3 have been met.

Similarly, an enterprise that has entered into a contract described in section 3 with a public body must, before entering into any subcontract required for the performance of the contract, ensure that 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 or that the conditions under section 25.0.3 have been met.

2011, c. 17, s. 49; 2011, c. 35, s. 54; 2017, c. 27, s. 112.

DIVISION III INFORMATION AND RECTIFICATION

2011, c. 17, s. 49.

21.12. The Authority informs the enterprise, in writing and without delay, of its registration in the register, of the grounds for the registration and of the enterprise’s period of ineligibility for public contracts.

The enterprise must then send the Authority, in writing and within the time determined by the Authority, the name of every public body 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 enterprise holds shares carrying 50% or more of the voting rights attached to the shares of the capital stock of the legal person that may be exercised under any circumstances.

The Authority must inform each public body concerned, as soon as possible, of the information it obtains under the second paragraph.

2011, c. 17, s. 49; 2011, c. 35, s. 55; 2017, c. 27, s. 113.

21.13. (Repealed).

2011, c. 17, s. 49; 2017, c. 27, s. 114.

21.14. (Repealed).

2011, c. 17, s. 49; 2017, c. 27, s. 114.

21.15. An enterprise that may have been mistakenly named in the register or in respect of whom inaccurate information is recorded in the register may ask the Authority to make the necessary rectifications in the register.

The Authority 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; 2017, c. 27, s. 115.

21.16. The Authority may, on its own initiative or following a request, remove any unlawful entry from the register.

2011, c. 17, s. 49; 2017, c. 27, s. 116.

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, including an expenditure resulting from an option provided in the contract, equal to or greater than the amount determined by the Government must obtain an authorization for that purpose from the Authority. The amount may vary according to the category of contract.

An enterprise that wishes to enter into a public subcontract that involves an expenditure equal to or greater than that amount must also obtain such an authorization.

2012, c. 25, s. 10; 2017, c. 27, s. 117.

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.

21.17.1. Despite the expenditure amount set by the Government under section 21.17, the Government may, on the conditions it fixes, determine that an authorization is required in respect of public contracts or subcontracts, even if they involve a lower expenditure amount.

The Government may also, on the conditions it fixes, determine that an authorization is required in respect of a category of public contracts or subcontracts other than the categories determined under section 21.17 or determine that an authorization is required in respect of groups of public contracts or subcontracts, regardless of whether they are in the same category.

The Government may determine special terms for the applications for authorization that enterprises must file with the Authority in respect of such contracts or subcontracts.

2017, c. 27, s. 118.

21.17.2. The Government may require an enterprise party to a public contract or subcontract in process to obtain, within the time the Government determines, an authorization to contract.

The Government may determine special terms for the application for authorization that the enterprise must file with the Authority.

An enterprise that has not obtained its authorization within the time determined under the first paragraph is deemed to have defaulted on performance of the public contract or subcontract on the expiry of a period of 30 days after that time has expired.

2017, c. 27, s. 118.

21.17.3. An enterprise named in the register of enterprises ineligible for public contracts under section 21.1 or 21.2 may, at any time, file with the Authority an application for authorization to contract.

The granting of such an authorization entails, despite any inconsistent provision, the removal of the enterprise’s name from the register as well as the removal of the name of any associate of the enterprise named in the register under section 21.2.

2017, c. 27, s. 118.

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. (Repealed).

2012, c. 25, s. 10; 2017, c. 27, s. 119.

21.20. (Repealed).

2012, c. 25, s. 10; 2017, c. 27, s. 119.

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 sections 21.17 to 21.17.3, an enterprise must submit an application to the Authority.

2012, c. 25, s. 10; 2017, c. 27, s. 120.

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 in accordance with section 84 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1). The information and documents 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; 2017, c. 27, s. 121.

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 a certificate 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; 2015, c. 8, s. 85.

21.25. (Repealed).

2012, c. 25, s. 10; 2015, c. 8, s. 86.

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

(1)  (subparagraph repealed);

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

(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)  (subparagraph repealed);

(5)  (subparagraph repealed);

(6)  (subparagraph repealed);

(7)  (subparagraph repealed).

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

2012, c. 25, s. 10; 2015, c. 6, s. 31.

21.26.1. For the purposes of this chapter and despite section 21.29, an enterprise, person or entity is deemed to have been found guilty of an offence listed in Schedule I if a penalty has been imposed under section 1079.13.1 or 1079.13.2 of the Taxation Act (chapter I-3), in connection with an assessment regarding which all rights of objection have expired or, if the enterprise, person or entity has validly objected to the assessment or appealed from it to a court of competent jurisdiction, the objection or the appeal, as applicable, has been permanently settled.

In such cases, the provisions of this Act apply, with the necessary modifications.

2020, c. 2, s. 27.

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

(0.1)  whether the enterprise, one of its shareholders not referred to in subparagraph 2 of the firs paragraph of section 21.26, one of its associates or another person or entity that has direct or indirect legal or de facto control over it has, in the preceding five years, been found guilty of an offence listed in Schedule I;

(0.2)  whether 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;

(0.3)  whether 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);

(0.4)  whether 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;

(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; 2015, c. 6, s. 32; 2017, c. 27, s. 122.

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 Commissioners for Audits appointed under section 8 of the Anti-Corruption Act (chapter L-6.1), who exercise the function provided for in paragraph 1.1 of section 10 of that Act, the information obtained so that one of them may conduct the audit he or she considers necessary.

An enterprise that, after the information is sent as required under the first paragraph, withdraws its application for authorization may not file a new application with the Authority within 12 months after the withdrawal unless the Authority allows it.

2012, c. 25, s. 10; 2013, c. 23, s. 106; 2017, c. 27, s. 123.

21.31. As soon as possible after receiving the information, an Associate Commissioner referred to in section 21.30 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; 2013, c. 23, s. 107.

21.32. At any time during the validity period of an authorization, an Associate Commissioner referred to in section 21.30 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; 2013, c. 23, s. 108.

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 an Associate Commissioner referred to in section 21.30.

2012, c. 25, s. 10; 2013, c. 23, s. 109.

21.34. The Authority sends the Associate Commissioners referred to in section 21.30 any new information regarding the enterprise that it obtains from the enterprise or a public body or otherwise.

2012, c. 25, s. 10; 2013, c. 23, s. 110.

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, as applicable, cancel the application for authorization or suspend the authorization.

The Authority may also cancel the application for authorization or suspend the authorization of an enterprise that fails to communicate to the Associate Commissioner referred to in section 21.30, within the time the Commissioner specifies, the information needed for the purposes of this chapter that the Commissioner requests.

An enterprise whose application for authorization is cancelled under this section may not file a new application with the Authority within 12 months after the cancellation unless the Authority allows it.

An enterprise whose authorization is suspended may nonetheless perform a public contract or subcontract if the enterprise was authorized on the date the contract or subcontract was entered into or, in the case of an enterprise responding to a call for tenders, if it was authorized on the closing date and time for the receipt and opening of tenders.

2012, c. 25, s. 10; 2017, c. 27, s. 124.

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 whose authorization has expired must, within 10 days after its expiry, send in writing to the Authority the name of every public body with which the enterprise has a contract in process, unless it can continue to perform a public contract or subcontract under the fourth paragraph of section 21.41.

2012, c. 25, s. 10; 2017, c. 27, s. 125.

21.39. The Authority informs the Associate Commissioners referred to in section 21.30, 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; 2013, c. 23, s. 111.

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.

21.41.1. An enterprise whose authorization expires while it is in the process of performing a public contract for which such an authorization is required is, subject to being given permission by the Conseil du trésor under section 25.0.4, deemed to have defaulted on performance of the contract on the expiry of a period of 60 days after the expiry date of the authorization if no application for renewal is submitted to the Authority. However, the enterprise is not deemed to have defaulted as regards honouring the contract guarantees.

2017, c. 27, s. 126.

21.42. The Government may amend Schedule I.

2012, c. 25, s. 10.

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

2012, c. 25, s. 10; 2017, c. 27, s. 127.

21.44. A decision of the Government under the second paragraph of section 21.8 or the first paragraph of section 21.17 or under section 21.42 comes into force on the 30th day after its publication in the Gazette officielle du Québec or on any later date specified in the decision.

In addition, a decision of the Government under section 21.17.1 or 21.17.2 comes into force on the date it is made or on any later date specified in the decision and must be published in the Gazette officielle du Québec as soon as possible.

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; 2017, c. 27, s. 128.

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)  (paragraph repealed);

(8.1)  (paragraph repealed);

(8.2)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  (paragraph repealed);

(11)  (paragraph repealed);

(12)  (paragraph repealed);

(13)  (paragraph repealed);

(13.1)  determine the conditions and procedure applicable to complaints referred to in section 21.0.4 and to the processing of such complaints;

(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;

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

(16)  establish, despite any inconsistent provision of a general or special Act, a mechanism for the settlement of disputes that are likely to have an impact on the payment of a public contract or subcontract and determine the cases and conditions in or on which and the procedure by which such a mechanism applies.

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; 2017, c. 27, s. 130.

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 section 23 when the objects relate to a contract of a body described in section 7.

2011, c. 18, s. 51; 2017, c. 27, s. 131.

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 des normes, de l’équité, 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; 2015, c. 15, s. 237.

24.3. The Chair of the Conseil du trésor may, by order, authorize the implementation of pilot projects aimed at testing various measures to facilitate the payment of enterprises party to the public contracts that the Conseil du trésor determines and to the public subcontracts related to those contracts and defining standards applicable to such payment.

As part of a pilot project, the Chair of the Conseil du trésor may, in particular, despite any inconsistent provision of any general or special Act, prescribe the use of various payment calendars, the use of a dispute settlement mechanism and accountability reporting measures according to terms and conditions the Chair determines, which may differ from those provided for in this Act and the regulations.

The Chair of the Conseil du trésor may modify or terminate a pilot project at any time. The Chair may also determine the terms and conditions of a pilot project whose violation constitutes an offence and set the minimum and maximum amounts for which the offender is liable. Those amounts may not be less than $2,500 or greater than $40,000.

The terms and conditions of a pilot project must be published on the website of the secretariat of the Conseil du trésor. Those terms and conditions may vary according to the public bodies and the public contracts and subcontracts concerned.

The Conseil du trésor may, during a period of one year after the coming into force of the terms and conditions referred to in the second paragraph, determine the public contracts that are to be included in a pilot project. That period may be extended by the Conseil du trésor by up to one year.

Despite any inconsistent provision, a pilot project may not continue for more than three years after the coming into force of the terms and conditions referred to in the second paragraph.

2017, c. 27, s. 132.

24.4. A public body must, on request, send the Chair of the Conseil du trésor a list of the contracts the body plans to enter into and that meet the conditions the Chair determines.

2017, c. 27, s. 132.

24.5. The public bodies and the enterprises that are party to the public contracts and public subcontracts included in a pilot project under section 24.3 must, as part of the prescribed dispute settlement mechanism and if necessary, call on the services of the non-profit legal person established for a private interest that has entered into an agreement with the Chair of the Conseil du trésor to implement that mechanism.

2017, c. 27, s. 132.

24.6. The Chair of the Conseil du trésor or any person the Chair designates as an investigator may conduct an investigation into any matter falling within the Chair’s jurisdiction regarding the implementation of a pilot project under section 24.3.

Investigators must, on request, identify themselves and produce a certificate of authority signed by the Chair of the Conseil du trésor.

2017, c. 27, s. 132.

24.7. At the end of the pilot project, the Chair of the Conseil du trésor publishes on the website of the secretariat of the Conseil du trésor a report on the implementation of the pilot project in which the Chair evaluates the terms of a regulatory framework aimed at establishing measures to facilitate the payment of enterprises party to public contracts and to public subcontracts related to such contracts.

2017, c. 27, s. 132.

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 or a body described in section 7 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; 2017, c. 27, s. 133.

25.0.1. The Conseil du trésor may, in exceptional circumstances, give a public body permission to enter into a contract by mutual agreement or give such a body or a body described in section 7 permission to continue a public call for tenders despite the fact that the contract or call for tenders is covered by an order of the Autorité des marchés publics under subparagraph 1 or 2 of the first paragraph of section 29 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1). The Conseil du trésor may subject the permission to certain conditions.

The Conseil du trésor may also, for a reason in the public interest, give a public body or a body referred to in section 7 permission to continue performing a contract despite the fact that the contract is covered by a decision of the Authority under subparagraph 6 of the first paragraph of section 29 of that Act. The Conseil du trésor may subject the permission to certain conditions.

2017, c. 27, s. 134.

25.0.2. Within 30 days after an enterprise is notified by the Authority of its ineligibility for public contracts, a public body or a body described in section 7 may, for a reason in the public interest, apply to the Conseil du trésor for permission to continue performing a public contract. The Conseil du trésor may subject the permission to certain conditions, including that the enterprise agree to the implementation, at the enterprise’s expense, of oversight and monitoring measures.

2017, c. 27, s. 134.

25.0.3. Despite section 21.4.1, the Conseil du trésor may, in exceptional circumstances, give a public body or a body described in section 7 permission to enter into a contract with an enterprise that is ineligible for public contracts or give an enterprise permission to enter into a subcontract directly related to a public contract with a subcontractor who is ineligible for public contracts. The Conseil du trésor may subject the permission to certain conditions, including that the ineligible enterprise or subcontractor agree to the implementation, at the enterprise’s or subcontractor’s expense, of oversight and monitoring measures.

As well, despite section 21.4.1, if a public body or a body described in section 7 finds 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 is ineligible for public contracts or give an enterprise permission to enter into a subcontract directly related to a public contract with a subcontractor who is ineligible for public contracts. The body’s chief executive officer must however give the Chair of the Conseil du trésor notice in writing within 15 days.

The first and second paragraphs also apply, with the necessary modifications, in cases where the permission concerned is permission to enter into a public contract or a subcontract directly related to a public contract with an enterprise that does not hold an authorization to contract although such an authorization is required.

2017, c. 27, s. 134.

25.0.4. Within 30 days after being notified by the Authority, under the second paragraph of section 21.39, of the expiry of an enterprise’s authorization to contract, a public body or a body described in section 7 may, for a reason in the public interest, apply to the Conseil du trésor for permission to continue performing a public contract. The Conseil du trésor may subject the permission to certain conditions, including that the enterprise agree to the implementation, at the enterprise’s expense, of oversight and monitoring measures.

2017, c. 27, s. 134.

25.0.5. Within 15 days after permission is given by the Conseil du trésor under any of sections 25.0.1 to 25.0.4 or within 15 days after the notice that the Chair of the Conseil du trésor receives from the body’s chief executive officer under the second paragraph of section 25.0.3, the Chair of the Conseil du trésor makes public the name of the public body concerned, the name of the enterprise or subcontractor concerned and a summary description of the circumstances or reasons considered by posting them on a website. The Chair also publishes the information in the Gazette officielle du Québec.

2017, c. 27, s. 134.

25.1. The Conseil du trésor may establish policies to determine conditions applicable to the designation of contract rules compliance monitors and establish measures to support them and ensure that their functions are exercised coherently.

2012, c. 25, s. 19; 2017, c. 27, s. 135.

26. The Conseil du trésor may issue directives on the management of the supply, service and construction contracts of public bodies. Such directives may, in particular, determine the cases in which the authorization of a public body’s chief executive officer is required. They 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; 2017, c. 27, s. 136.

27. The Conseil du trésor may prescribe model contract forms or other standard documents and model document clauses to be used by the public bodies it determines.

2006, c. 29, s. 27; 2012, c. 25, s. 21; 2017, c. 27, s. 137.

CHAPTER VIII.1 AUDITS

2011, c. 17, s. 54.

27.1. In order to encourage ongoing improvement in public bodies’ contract management, the Chair of the Conseil du trésor is competent to conduct an audit of the awarding of the contracts of a body or group of bodies governed by this Act and its application of other contract management measures relating to those contracts.

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

2011, c. 17, s. 54; 2017, c. 27, s. 138.

27.2. (Repealed).

2011, c. 17, s. 54; 2017, c. 27, s. 139.

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. The Conseil du trésor may then require the body to take corrective and appropriate follow-up measures and to comply with any other measure it determines.

2011, c. 17, s. 54; 2014, c. 17, s. 31; 2017, c. 27, s. 140.

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 sections 21.17 to 21.17.3 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; 2017, c. 27, s. 141.

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. An enterprise that is ineligible for public contracts or that does not hold an authorization under the first paragraph of section 21.17 or under section 21.17.1 although required to hold one and that 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 enterprise was given permission to enter into a contract under section 25.0.3.

2012, c. 25, s. 22; 2017, c. 27, s. 142.

27.8. An enterprise that, in the course of a contract with a public body or with a body described in section 7, enters into a subcontract with an enterprise that is ineligible or does not hold an authorization under the first paragraph of section 21.17 or under section 21.17.1 although 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, unless the enterprise was given permission to enter into a contract under section 25.0.3. The ineligible or unauthorized subcontractor is also guilty of an offence and liable to the same fine.

2012, c. 25, s. 22; 2017, c. 27, s. 143.

27.9. An enterprise that fails to provide information required under the second paragraph of section 21.12 or under the second paragraph of section 21.38 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; 2017, c. 27, s. 144.

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.

27.10.1. Every person who, before a contract is awarded, communicates or attempts to communicate, directly or indirectly, with a member of a selection committee for the purpose of influencing the member in respect of a call for tenders 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.

The first paragraph does not apply if the tender documents provide that such a communication is to be made after the tender closing date for tender evaluation purposes.

2017, c. 27, s. 145.

27.10.2. A member of a selection committee who discloses or makes known, without being duly authorized to do so, any confidential information that is sent to the member or that came to the member’s knowledge in the exercise of the member’s functions within the committee is guilty of an offence and liable to a fine of $5,000 to $30,000.

2017, c. 27, s. 145.

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 $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in all other cases.

2012, c. 25, s. 22; 2015, c. 8, s. 87.

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.

27.14.1. Penal proceedings must be instituted within three years after the time the prosecutor becomes aware of the commission of the offence. However, no proceedings may be instituted if more than seven years have elapsed since the date of the offence.

2017, c. 27, s. 146.

27.15. (Repealed).

2012, c. 25, s. 22; 2017, c. 27, s. 147.

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.

58.1. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the following may not be disclosed by a public body or a member of its staff:

(1)  until the bids are opened, information that allows the number of enterprises that asked for a copy of the tender documents and the number of enterprises that tendered a bid to be known or that allows those enterprises to be identified; and

(2)  information that allows a person to be identified as being a member of a selection committee constituted in accordance with the normative framework.

The prohibition under subparagraph 1 of the first paragraph also applies to the operator of the electronic tendering system, except with respect to information that allows an enterprise that requests a copy of the tender documents to be identified, if the enterprise expressly authorized the operator to disclose that information.

2012, c. 25, s. 23; 2017, c. 27, s. 148.

58.2. (Repealed).

2015, c. 6, s. 33; 2017, c. 27, s. 149.

59. The minister who is the Chair of the Conseil du trésor is responsible for the administration of this Act.

2006, c. 29, s. 59; 2011, c. 35, s. 57; 2012, c. 25, s. 24.

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
___________________________________________________________________________________

Cannabis Act             9             Distribution and possession for the
(S.C. 2018, c. 16)                     purpose of distributing
 
                        10             Selling and possession for the 
                                       purpose of selling

                        11             Importing and exporting and possession 
                                       for the purpose of exporting

                        12             Production

                        14             Use of a young person
___________________________________________________________________________________

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
___________________________________________________________________________________

Insurers Act           515 (4)         Providing a document or information that is false
(chapter A-32.1)                       or inaccurate, or access to such a document or 
                                       information, to the Autorité des marchés financiers 
___________________________________________________________________________________
Cities and Towns Act   573.3.3.4       Communicate or attempt to
(chapter C-19)                         communicate with a member
                                       of a selection committee

                       573.3.3.5       Disclosing or making known,
                                       without authorization,
                                       confidential information
                                       obtained in the course of a
                                       selection committee’s
                                       proceedings
___________________________________________________________________________________

Municipal Code of      938.3.4         Communicate or attempt to
Québec                                 communicate with a member
(chapter C-27.1)                       of a selection committee

                       938.3.5         Disclosing or making known,
                                       without authorization,
                                       confidential information
                                       obtained in the course of a
                                       selection committee’s
                                       proceedings
___________________________________________________________________________________

Act respecting the     118.1.3         Communicate or attempt to
Communauté                             communicate with a member
métropolitaine                         of a selection committee
de Montréal
(chapter C-37.01)      118.1.4         Disclosing or making known,
                                       without authorization,
                                       confidential information
                                       obtained in the course of a
                                       selection committee’s
                                       proceedings
___________________________________________________________________________________

Act respecting the     111.1.3         Communicate or attempt to
Communauté                             communicate with a member
métropolitaine                         of a selection committee
de Québec
(chapter C-37.02)      111.1.4         Disclosing or making known,
                                       without authorization,
                                       confidential information
                                       obtained in the course of
                                       a selection committee’s
                                       proceedings
___________________________________________________________________________________ 

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

                        27.10.1        Communicating or attempting
                                       to communicate with a
                                       selection committee member

                        27.10.2        Disclosing or making known,
                                       without authorization,
                                       confidential information
                                       obtained in the course of a
                                       selection committee’s
                                       proceedings

                        27.11          Making a false or misleading request for 
                                       payment

                        27.13          Helping to commit an offence under section
                                       27.5, 27.6, 27.10.1, 27.10.2 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)
___________________________________________________________________________________

Act respecting        610 (2)          Making an illegal
elections and                          contribution referred to in 
referendums in                         paragraph 1 of section 610
municipalities 
(chapter E-2.2)       610 (3)          Inciting an elector to make
                                       a contribution by using
                                       threats or coercion or by
                                       promising compensation,
                                       consideration or a reimbursement

                      610 (4)          Making a false declaration
                                       concerning a contribution

                      610.1 (2)        Making an illegal gift of
                                       money referred to in
                                       paragraph 1 of 
                                       section 610.1
___________________________________________________________________________________

Act respecting        219.8 (2)        Making an illegal 
school elections                       contribution referred to in 
(chapter E-2.3)                        paragraph 1 of 
                                       section 219.8

                      219.8 (3)        Inciting an elector to make
                                       a contribution by using
                                       threats or coercion or by
                                       promising compensation,
                                       consideration or a 
                                       reimbursement

                      219.8 (4)        Making a false declaration
                                       concerning a contribution
___________________________________________________________________________________

Election Act         564.1 (1)         Making a false declaration
(chapter E-3.3)                        concerning a contribution

                     564.1 (2)         Inciting an elector to make
                                       a contribution by using
                                       threats or coercion or by
                                       promising compensation,
                                       consideration or a 
                                       reimbursement

                     564.2             Contravening section 87 -
                                       contribution made by a
                                       person who is not an
                                       elector, contribution made
                                       in favour of an
                                       unauthorized entity or
                                       contribution not in
                                       accordance with
                                       Division II of Chapter II
                                       of Title III

                                       Contravening section 90 - 
                                       involuntary contribution of
                                       an elector, contribution not 
                                       made out of the elector’s 
                                       property or contribution 
                                       made with compensation 
                                       or for consideration or a 
                                       reimbursement

                                       Contravening section 91 - 
                                       contribution exceeding the 
                                       maximum amount allowed

                                       Contravening the first 
                                       paragraph of section 127.7 - 
                                       contribution made by a 
                                       person who is not an 
                                       elector

                                       Contravening the third 
                                       paragraph of section 127.7 - 
                                       contribution exceeding 
                                       the maximum amount 
                                       allowed

                                       Contravening the first 
                                       paragraph of section 127.8 
                                       with regard to section 90 - 
                                       involuntary contribution of 
                                       an elector, contribution not
                                       made out of the elector’s 
                                       property or contribution 
                                       made with compensation 
                                       or for consideration or a 
                                       reimbursement
___________________________________________________________________________________

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

Taxation Act           1079.8.35,      Making a false Revenu Québec
(chapter I-3)          1st par. (a)    certificate

                       1079.8.35,      Falsifying or altering a Revenu
                       1st par. (b)    Québec certificate

                       1079.8.35,      Obtaining or attempting to obtain
                       1st par. (c)    a Revenu Québec certificate
                                       without being entitled to one

                       1079.8.35,      Using a false, falsified or altered
                       1st par. (d)    Revenu Québec certificate

                       1079.8.35,      Assenting to or acquiescing in an
                       1st par. (e)    offence under any of
                                       subparagraphs a to d

                       1079.8.35,      Conspiring with a person to
                       1st par. (f)    commit an offence under any of
                                       subparagraphs a to e
___________________________________________________________________________________

Deposit Institutions    46.2 (3)       Providing a document or information
and Deposit                            that is false or inaccurate, or access to
Protection Act                         such a document or information, to the
(chapter I-13.2.2)                     Autorité des marchés financiers
___________________________________________________________________________________

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
___________________________________________________________________________________

Trust Companies        305 (4)         Providing a document or information
and Savings                            that is false or inaccurate, or access to
Companies Act                          such a document or information, to the
(chapter S-29.02)                      Autorité des marchés financiers
___________________________________________________________________________________

Act respecting         108.1.3         Communicate or attempt to
public transit                         communicate with a member
authorities                            of a selection committee
(chapter S-30.01)
                       108.1.4         Disclosing or making known,
                                       without authorization,
                                       confidential information
                                       obtained in the course of a
                                       selection committee’s
                                       proceedings
___________________________________________________________________________________ 

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

Regulation               7 with 10     Submitting a certificate from Revenu 
respecting                             Québec that contains false or inaccurate
supply contracts,                      information, submitting the certificate
service contracts                      of a third person, or making a false 
and construction                       declaration regarding the holding of a
contracts of bodies                    certificate
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 a certificate from Revenu
respecting              45.1           Québec that contains false or inaccurate
supply contracts                       information, producing the certificate of a
of public bodies                       third person, or making a false declaration
(chapter C-65.1,                       regarding the holding of a certificate
r. 2)
                        37.5 with      Helping another person to contravene section
                        45.1           37.4
___________________________________________________________________________________

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

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

Regulation              65 with        Submitting a certificate from
respecting              83             Revenu Québec that contains
contracting by                         false or inaccurate information,
public bodies in                       producing the certificate of
the field of                           a third person, or falsely
information                            declaring that the supplier
technologies                           does not hold the required
(chapter C-65.1,                       certificate
 r. 5.1)
                        66 with        Helping another person to
                        83             contravene section 65
___________________________________________________________________________________

2012, c. 25, s. 25; 2015, c. 6, s. 34; 2015, c. 8, s. 88; 2016, c. 17, s. 44; 2015, c. 8, s. 88; 2017, c. 27, s. 150; 2018, c. 23, s. 750; O.C. 827-2019 of 14.08.2019, (2019) 151 G.O. 2, 2263.

SCHEDULE II

(Section 21.8)

BODIES

The Agence du revenu du Québec

The Autorité des marchés financiers

The Director of Criminal and Penal Prosecutions

The Chief Electoral Officer

2017, c. 27, s. 151.

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.