C-65.1, r. 1.1 - Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

Updated to 1 March 2016

This document has official status.

chapter C-65.1, r. 1.1

Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

Act respecting contracting by public bodies

(chapter C-65.1, ss. 23.1 and 24.2).

CHAPTER I APPLICATION

1. This Regulation applies to supply contracts, service contracts and construction contracts referred to in the first paragraph of section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that are entered into by a public body referred to in section 7 of that Act with a contractor referred to in section 1 of that Act.

O.C. 846-2011, s. 1.

CHAPTER II CONDITIONS FOR ENTERING INTO A CONTRACT

2. Every contractor interested in entering into a supply contract, service contract or construction contract with a body involving an expenditure equal to or greater than $25,000 must hold a valid certificate from Revenu Québec.

O.C. 846-2011, s. 2; S.Q. 2015, c. 8, s. 107.

3. The certificate from Revenu Québec is issued to every contractor who, on the date indicated in the certificate, has filed the returns and reports that the contractor had to file under fiscal laws and who has no overdue account payable to the Minister of Revenue, in particular when its recovery has been legally suspended or arrangements have been made with the contractor to ensure payment and the contractor has not defaulted.

O.C. 846-2011, s. 3; S.Q. 2015, c. 8, s. 108.

4. The certificate of a contractor is valid until the end of the three-month period following the month in which it was issued.

In addition, the certificate of the contractor must not have been issued after the tender closing date and time or, in the case of a contract entered into by mutual agreement, after the contract award date.

The contractor’s holding a valid certificate issued in accordance with the second paragraph is considered to be an eligibility requirement for tendering.

O.C. 846-2011, s. 4; S.Q. 2015, c. 8, s. 109.

5. (Revoked).

O.C. 846-2011, s. 5; S.Q. 2015, c. 8, s. 110.

6. (Revoked).

O.C. 846-2011, s. 6; S.Q. 2015, c. 8, s. 110.

7. A contractor referred to in section 2 may not submit a certificate from Revenu Québec that contains false or inaccurate information, submit on the contractor’s own behalf the certificate of a third party, or falsely declare that the contractor does not hold the required certificate.

O.C. 846-2011, s. 7; S.Q. 2015, c. 8, s. 111.

8. No person may help another person, by an act or omission, to contravene the provisions of section 7, or encourage, advise, allow, authorize or order the person to contravene those provisions.

O.C. 846-2011, s. 8; S.Q. 2015, c. 8, s. 112.

9. Section 2 does not apply to a contractor who does not have in Québec an establishment where activities are carried on on a permanent basis, clearly identified under the contractor’s name and accessible during regular business hours.

It does not apply either where a supply contract, service contract or construction contract must be entered into by reason of an emergency that threatens human safety or property.

O.C. 846-2011, s. 9; S.Q. 2015, c. 8, s. 113.

CHAPTER III OFFENCES

10. A violation of section 7 or 8 constitutes an offence.

O.C. 846-2011, s. 10; S.Q. 2015, c. 8, s. 114.

CHAPTER IV APPLICATION BY THE MINISTER OF REVENUE

11. The Minister of Revenue is responsible for the administration and enforcement of sections 3, 7, 8 and 10.

O.C. 846-2011, s. 11; S.Q. 2015, c. 8, s. 115.

CHAPTER V TRANSITIONAL AND FINAL

12. Despite the first paragraph of section 4, a contractor remains eligible to submit a tender for a call for tenders whose tender closing time is prior to 1 December 2011 even if the contractor’s certificate is issued after tender closing time.

O.C. 846-2011, s. 12; S.Q. 2015, c. 8, s. 116.

13. A violation of the second paragraph of section 2 or of any of sections 5 to 8 committed between 15 September 2011 and 15 March 2012 inclusively will result in the issue of a warning to the offender rather than a statement of offence.

O.C. 846-2011, s. 13.

14. This Regulation applies only to calls for tenders issued and contracts entered into by mutual agreement by a body as of 15 September 2011.

O.C. 846-2011, s. 14.

15. (Omitted).

O.C. 846-2011, s. 15.

REFERENCES

O.C. 846-2011, 2011 G.O. 2, 2541

S.Q. 2015, c. 8, ss. 107 to 116