C-65.1, r. 7.1.1 - Regulation to determine the fees payable by enterprises under Chapter V.1 of the Act respecting contracting by public bodies relating to the integrity of enterprises and the amounts of the monetary administrative penalties that may be imposed by the Autorité des marchés publics

À jour au 2 juin 2023

Ce document a valeur officielle.

chapter C-65.1, r. 7.1.1

Regulation to determine the fees payable by enterprises under Chapter V.1 of the Act respecting contracting by public bodies relating to the integrity of enterprises and the amounts of the monetary administrative penalties that may be imposed by the Autorité des marchés publics

Act respecting contracting by public bodies

(chapter C-65.1, s. 21.5.1, 3rd par., s. 21.23, 2nd par., s. 21.41, 3rd par., s. 27.16, 1st par. and s. 27.34).

Act mainly to promote Québec-sourced and responsible procurement by public bodies, to reinforce the integrity regime of enterprises and to increase the powers of the Autorité des marchés publics

(2022, chapter 18, ss. 10, 36 and 54).

Act respecting the Autorité des marchés publics

(chapter A-33.2.1, s. 84).

CHAPTER I FEES PAYABLE

O.C. 731-2023, c. I.

1. The fee payable by an enterprise applying to the Autorité des marchés publics for authorization under section 21.23 of the Act respecting contracting by public bodies (chapter C-65.1), hereinafter referred to as the Act, is $467.

The fee payable by an enterprise applying for renewal of the authorization under section 21.41 of the Act is $250.

An amount of $234 is also payable by the enterprise for each person or entity that is being audited under Chapter V.1 of the Act.

O.C. 731-2023, s. 1.

2. The fee payable by an enterprise filing an application for examination of its integrity under section 21.5.1 of the Act is $115.

O.C. 731-2023, s. 2.

3. The fees are not refundable.

O.C. 731-2023, s. 3.

4. The fees are adjusted, on 1 January each year, according to the rate of increase in the Consumer Price Index for Canada for the period ending on 30 September of the preceding year, as established by Statistics Canada. The adjusted fees and charges are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.

The result of the annual adjustment is published every year in the Gazette officielle du Québec.

O.C. 731-2023, s. 4.

CHAPTER II MONETARY ADMINISTRATIVE PENALTIES

O.C. 731-2023, c. II.

DIVISION I AMOUNTS OF PENALTIES

O.C. 731-2023, Div. I.

5. A monetary administrative penalty of $5,000 in the case of a sole proprietorship and $10,000 in any other case may be imposed on an enterprise

(1)  that submits a bid for a public contract or subcontract or enters into such a contract or subcontract although it is ineligible, unless permission is given to enter into the contract or subcontract under section 25.0.3 of the Act;

(2)  that, in the course of the performance of a public contract with a public body or a body referred to in section 7 of the Act, enters into a public subcontract with an enterprise that is ineligible, unless permission is given to enter into the contract or subcontract under section 25.0.3 of the Act.

O.C. 731-2023, s. 5.

6. A monetary administrative penalty of $3,500 in the case of a sole proprietorship and $7,000 in any other case may be imposed on an enterprise

(1)  that submits a bid for a public contract or subcontract or enters into such a contract or subcontract, although it does not hold the required authorization to contract, unless permission is given to enter into the contract or subcontract under section 25.0.3 of the Act;

(2)  that, in the course of the performance of a public contract with a public body or a body referred to in section 7 of the Act, enters into a public subcontract with an enterprise that does not hold the required authorization to contract, unless permission is given to enter into the contract or subcontract under section 25.0.3 of the Act.

O.C. 731-2023, s. 6.

7. A monetary administrative penalty of $1,000 in the case of a sole proprietorship and $2,500 in any other case may be imposed on an enterprise whose authorization to contract expires while it is in the process of performing a public contract or subcontract for which such an authorization is required.

O.C. 731-2023, s. 7.

8. A monetary administrative penalty of $1,000 in the case of a sole proprietorship and $2,000 in any other case may be imposed on an enterprise that, while a party to a public contract or subcontract or while holding an authorization to contract, omits or refuses to send to the Authority the information or documents required in accordance with the second paragraph of section 21.12, the first paragraph of section 21.41.1 or section 21.48.8 of the Act.

O.C. 731-2023, s. 8.

9. A monetary administrative penalty of $1,500 in the case of a sole proprietorship and $4,000 in any other case may be imposed on an enterprise

(1)  that, while a party to a public contract or subcontract or while holding an authorization to contract, omits or refuses to send to the Authority the information or documents required as part of an update made in accordance with section 7 of the Regulation respecting certain conditions governing the application of Chapter V.1 of the Act respecting contracting by public bodies with respect to the integrity of enterprises (chapter C-65.1, r. 7.4) or in accordance with section 21.40 of the Act;

(2)  that, while a party to a public contract or subcontract or while holding an authorization to contract, omits or refuses to send to the Authority the information or documents required in accordance with section 21.48.9 of the Act;

(3)  that fails to submit to an oversight or monitoring measure imposed on it by the Authority under Chapter V.1 of the Act or, where the measure was applied by the Authority, fails to pay to it the costs of such a measure.

O.C. 731-2023, s. 9.

10. A monetary administrative penalty of $500 in the case of a sole proprietorship and $1,000 in any other case may be imposed on an enterprise that fails or refuses to confirm the authenticity of documents or the veracity of information communicated to the Authority in accordance with the third paragraph of section 21.48.9 of the Act.

O.C. 731-2023, s. 10.

DIVISION II RECOVERY CHARGE PAYABLE

O.C. 731-2023, Div. II.

11. The debtor of a recoverable amount is required to pay a recovery charge of

(1)  $50 for the recovery certificate filed at the office of the competent court under section 27.33 of the Act;

(2)  $175 for each measure for securing a claim taken under Title Three of Book Six of the Civil Code and for each execution measure taken under Book VIII of the Code of Civil Procedure (chapter C-25.01).

The charges are part of the recoverable amount.

O.C. 731-2023, s. 11.

CHAPTER III TRANSITIONAL AND FINAL

O.C. 731-2023, c. III.

12. Unless the context indicates otherwise, in any Act and regulation, a reference to the Fee related to an application for authorization filed by an enterprise with the Autorité des marchés publics for public contracts and subcontracts (chapter C-65.1, r. 7.2) is deemed to be a reference to this Regulation.

O.C. 731-2023, s. 12.

13. This Regulation replaces the Fee related to an application for authorization filed by an enterprise with the Autorité des marchés publics for public contracts and subcontracts (chapter C-65.1, r. 7.2).

O.C. 731-2023, s. 13.

14. (Omitted).

O.C. 731-2023, s. 14.

REFERENCES

O.C. 731-2023, 2023 G.O. 2, 795