E-3.3, r. 6.1 - Regulation respecting contracts of the Chief Electoral Officer

Section 37 Disposition versions

2012-09-01

37. Every contract contemplated by this Regulation, involving an expenditure above the public tender threshold specified in section 7, may be entered into by mutual agreement in any of the following circumstances:

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

(2)  if there is only one possible contractor because of the existence of a guarantee, a right of ownership 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 Chief Electoral Officer considers that it would 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;

(5)  in the case of a contract for legal services;

(6)  in the case of a contract for financial or bank services;

(7)  in the case of a supply contract related to research and development activities or teaching activities where, for technical or scientific reasons, only one supplier is able to carry out the contract and there is no other alternate solution or substitute goods;

(8)  if the Chief Electoral Officer is of the opinion that, due to the special requirements or time limits involved, the call for tenders procedure prescribed in this Regulation would compromise the carrying out of an electoral activity stipulated by law, for which the Chief Electoral Officer is responsible;

(9)  if the Chief Electoral Officer is of the opinion that a call for tenders would likely compromise the carrying out of an investigation or of a verification procedure, reveal its confidential nature or constitute a hindrance to the exercise of its duties;

(10)  in the case of a contract concerning the renewal of a contract to lease immovable.

In all cases covered by this section, and notwithstanding section 5, the contract must be authorized and signed by the Chief Electoral Officer personally.

Decision 1553-2, s. 37.